a. m.— attending: commissioners cherryl walker, keith heck, and … admin.pdf · 2014-11-05 ·...

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APPROVED ON NOVEMBER 5, 2014 BY THE BOARD OF COUNTY COMMISSIONERS AT THE WEEKLY BUSINESS SESSION County Administration Workshop: October 9, 2014 9: 00 a. m.— Board Conference Room Attending: Commissioners Cherryl Walker, Keith Heck, and Simon G. Hare; Wendy Guinn, Recorder Chair Cherry) Walker called the meeting to order at 9: 00 a. m. Due to guest present Stephen Campbell, District Attorney, agenda items were taken out of order. 1. LEGAL COUNSEL A. Seven County IGA: Coos, Curry, Douglas, Jackson, Josephine, Klamath, and Lane Counties, for an Assessment and Taxation Pilot Project Leah Harper, Assistant County Counsel and Connie Roach, Assessor, both addressed the Board and stated they would like to hire a group of Assessors to work with all counties for the assessment of commercial properties which will include identifying business that have not filed a Business Personal Property return. This is fully funded by a grant and supports something that Josephine County should have been doing. Regional Assessors have agreed to have Lane County use some of the funds to hire appraisal staff to implement the pilot program. Staff was directed to place the item under Administrative Actions on next week' s Weekly Business Session Agenda. B. Matters from Commissioners None reported. 2. DEPARTMENT REPORTS& BUSINESS UPDATES A. Human Resources 1) Request for Job Addition— District Attorney' s Office( Scofield) JJ Scofield, Human Resources Director, requested to add a position in the District Attorney' s Office which is a Victim Assistant Specialist I position that will be funded by the Victims of Crime Act( VOCA) 2014 Competitive Grant. Staff was directed to place the item under Administrative Actions on next week' s Weekly Business Session Agenda. JJ Scofield, Human Resources Director, informed the Board that Health Care Coalition of Southern Oregon( HCCSO) has recently been awarded a 5 year Healthy Starts Grant and would like permission to add a part- time Public Health Assistant position to work on the targeted services specified by this grant. Staff was directed to place the item under Administrative Actions on next week' s Weekly Business Session Agenda. B. Department Updates 1) Planning Dennis Lewis, Planning Director was absent. 2) Building Safety Robert Rice, Building Safety Director, was excused from the meeting. 3. FINANCE REPORT& BUSINESS UPDATE A. Dimmick Tower Update Arthur O' Hare, Finance Director, spoke about the meeting he had with Munitor Construction, LLC regarding the Dimmick Tower and they are hoping to get started on Monday, October 13, 2014. The demolition will start at the South end of the tower. B. Financial Update Arthur O' Hare, Finance Director, informed the Board that Building Maintenance is going to be installing flush floor boxes where the podium sits in the Anne Basker Building to eliminate the cords. Commissioner Hare mentioned he would like to use an old computer and place it in the Anne Basker entrance to allow viewing of County information and documents for people to look at before the meetings. Arthur O' Hare, Finance Director, informed the Board last week that he' d bring Ending Fund balances in for this week but wasn' t able to put that all together. Arthur suggested quarterly reviews and would put something together in a timely fashion to show how all the departments are doing.

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Page 1: a. m.— Attending: Commissioners Cherryl Walker, Keith Heck, and … Admin.pdf · 2014-11-05 · County Administration Workshop October 9, 2014 Page 2 of 2 C. Miscellaneous None

APPROVED ON NOVEMBER 5, 2014

BY THE BOARD OF COUNTY COMMISSIONERS

AT THE WEEKLY BUSINESS SESSION

County Administration Workshop: October 9, 20149:00 a. m.— Board Conference Room

Attending: Commissioners Cherryl Walker, Keith Heck, and Simon G. Hare; Wendy Guinn, Recorder

Chair Cherry) Walker called the meeting to order at 9:00 a. m. Due to guest present Stephen Campbell, District Attorney, agendaitems were taken out of order.

1. LEGAL COUNSEL

A. Seven County IGA: Coos, Curry, Douglas, Jackson, Josephine, Klamath, and Lane Counties, for an Assessment andTaxation Pilot Project

Leah Harper, Assistant County Counsel and Connie Roach, Assessor, both addressed the Board and stated they would like to hirea group of Assessors to work with all counties for the assessment of commercial properties which will include identifyingbusiness that have not filed a Business Personal Property return. This is fully funded by a grant and supports something thatJosephine County should have been doing. Regional Assessors have agreed to have Lane County use some of the funds to hireappraisal staff to implement the pilot program. Staff was directed to place the item under Administrative Actions on next week'sWeekly Business Session Agenda.

B. Matters from Commissioners

None reported.

2. DEPARTMENT REPORTS& BUSINESS UPDATES

A. Human Resources

1) Request for Job Addition—District Attorney's Office( Scofield)

JJ Scofield, Human Resources Director, requested to add a position in the District Attorney's Office which is a Victim Assistant

Specialist I position that will be funded by the Victims of Crime Act( VOCA) 2014 Competitive Grant. Staff was directed to placethe item under Administrative Actions on next week's Weekly Business Session Agenda.

JJ Scofield, Human Resources Director, informed the Board that Health Care Coalition of Southern Oregon( HCCSO) has recently

been awarded a 5 year Healthy Starts Grant and would like permission to add a part-time Public Health Assistant position to

work on the targeted services specified by this grant. Staff was directed to place the item under Administrative Actions on nextweek's Weekly Business Session Agenda.

B. Department Updates

1) Planning

Dennis Lewis, Planning Director was absent.

2) Building Safety

Robert Rice, Building Safety Director, was excused from the meeting.

3. FINANCE REPORT& BUSINESS UPDATE

A. Dimmick Tower Update

Arthur O' Hare, Finance Director, spoke about the meeting he had with Munitor Construction, LLC regarding the Dimmick Towerand they are hoping to get started on Monday, October 13, 2014. The demolition will start at the South end of the tower.

B. Financial Update

Arthur O' Hare, Finance Director, informed the Board that Building Maintenance is going to be installing flush floor boxes wherethe podium sits in the Anne Basker Building to eliminate the cords.

Commissioner Hare mentioned he would like to use an old computer and place it in the Anne Basker entrance to allow viewingof County information and documents for people to look at before the meetings.

Arthur O' Hare, Finance Director, informed the Board last week that he' d bring Ending Fund balances in for this week but wasn' table to put that all together. Arthur suggested quarterly reviews and would put something together in a timely fashion to showhow all the departments are doing.

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County Administration WorkshopOctober 9, 2014

Page 2 of 2

C. Miscellaneous

None reported.

4. BOARD BUSINESS

A. Matters from Commissioners

Commissioner Heck spoke about an email from Robert Rice about software and how the implementation has been delayed to

the County GIS system and how John McCafferty as the new hire is going to be able to resolve and address this issue.

Commissioner Walker and Commissioner Heck reviewed the legislative concepts with Commissioner Hare before he attends the

AOC Legislative Committee on Friday, October 10, 2014( Exhibit A).

Commissioner Walker discussed the Voters' Pamphlet and mentioned there was a press release on Measure 17-63 and

mentioned she made a few suggestions and stated she read only arguments against it and didn' t see any arguments for it.

B. Liaison Update

None reported.

C. Miscellaneous Items

Commissioner Walker spoke about how the Federal Agency could not get FAA check rides for pilots at the airport and had beenhitting a wall for two to three months. Commissioner Walker advised she contacted Congressman DeFazio and within 24 hoursthis issue was resolved.

Commissioner Hare mentioned the consolidation of Building Safety and Planning with Public Works. He said this is somethingthe County has been talking about and needs to be implemented in May/ June 2015. Commissioner Walker said she is insupport of this. Commissioner Walker mentioned the Board needs to look at how Public Safety will get funding and thereshould be some recommendations after the LPSCC meeting today. Commissioner Heck mentioned that we' re trying to figureout what our baseline is before we come up with a possible solution. Commissioner Walker said that the Board will have tocome to some sort of decisions based on LPSCC' s recommendations.

D. Other: ( ORS. 192.640( 1)"... notice shall include a list of the principal subjects anticipated to be considered at the

meeting, but this requirement shall not limit the ability of a governing body to consider additional subjects.")Stephen Campbell, District Attorney, spoke about the 2014 Victims of Crime Act ( VOCA) Competitive Grant Agreement andstated that the Grant is for $81, 000 for two years. Staff was directed to place the item under Administrative Actions on nextweek' s Weekly Business Session Agenda.

Stephen Campbell also spoke about his request to add one full- time position to his department with the VOCA funding. Thereare Constitutional mandates on what to do for victims in every case and this position will meet these requirements.

Board all agreed to cancel General Discussion for this afternoon.

Meeting adjourned at 11: 00 a. m.

EXHIBITS:

Exhibit A: Legislative Concepts

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Legislative concepts

Josephine County

Result of survey of County Managers and Elected officials by Cherryl Walker, County Commissioner.

October 2014

1. Submitted by Airport Manager, Larry Graves: His proposal is attached.

Increase the state aviation fuel tax on Jet-A only, from the current$ 0.01 per gallon to$ 0.02,with all proceeds earmarked for smaller general aviation airport capital improvements.

Currently there is a $ 0.09 per gallon tax on 100LL Avgas.2. Submitted by County Assessor, Connie Roach: Proposals attached.

a. Funding stabilization for Assessment& Taxation Functions. There have been three previous

bills on this subject. Assessor' s preference is HB 3214 due to phase in provision. Passage of

this bill would relieve the cost from the County General Fund that could be used for otherneeds. Currently the County is not receiving any reimbursement or compensation for all theaccounting, billing and collection of funds for Districts. Under HB 3214 revenue to Josephine

County to cover costs would be appx. $ 1, 000,000. ( I understand there is currently aproposal that would only provide appx.$ 27,000 to Josephine County. Not a preference.)

b. Equalization of permanent tax rates that were frozen during a time the 0& C counties were

receiving timber payments and did not rely on property taxes for the General Fund.Suggested to bring these tax rates to the median level.

c. Increase minimum acreage required to qualify for forestland special assessments to greater

than 10 acres in non- forest zones. Many of these properties are actually rural residentialand the owners have no intent to use the property for commercial timber production. Thiswould reduce Assessor Office workload. Most financial benefit would be to the school

districts, but all districts would benefit, as would Josephine County by appx. $35, 000

additional revenue to the General Fund.

d. Vehicle registration fee increase to support rural patrol. Assessor suggested " rural patrol"

and Oregon State Police. However, this could be " public safety" and OSP. That would allowthe Counties to allocate the funds where most needed in public safety. These funds wouldbe collected by the State and distributed to the Counties according to their registration.Numbers for Josephine County are in the Exhibit 2. d. attached.

3. Pass legislation to regulate e- cigarettes and other nicotine infused products the same as

cigarettes and other tobacco products to prohibit sales to minors and use in areas where

tobacco products are now prohibited by law.

i(-) 1: 191 LA-

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ASSOCIATION OF OREGON COUNTIES

Issues/ Items for 2015 Legislative Session

Working draft: not for distribution]

This document contains a list of issues and legislative concepts that AOC policy managersanticipate will be considered during the 2015 Legislative Session. Many have not been vetted byAOC steering committees or the Legislative Committee. This is for county information and input.You are encouraged to be engaged in the AOC steering committee process as these items areconsidered at the October 13 and December 8 meetings. Furthermore, this list is expected to

change periodically.

GTF Recom.#" refers to recommendations of the Governor's Task Force on Federal Forest

Payments& County Services( January 2009), appointed by Governor Ted Kulongoski inresponse to the impending end of the federal Secure Rural Schools Act of 2000, which hadprovided to Oregon $ 254 million annually. The Act itself was a response to the extremely sharpreduction, beginning in the 19905, in federal forest revenues shared with counties. The TaskForce included the Governor' s Office, legislators, state agency directors, and county and cityleaders. The task force worked from November 2007 to January 2009. A belatedreauthorization of the Act and subsequent renewals reduced the annual " county payments" toOregon to$ 110 million.

The report is a living document. The overall fiscal situation is worse now, but the report is stillcurrent in its: 1) description of the history and events that led to the crisis; 2) findings of therelative magnitude of the challenges among the counties; 3) recommended solutions; and 4)theme that there are three parts to the solution to the county crisis— county, state, and

federal. There are 53 recommendations, only 28 of which have been implemented. The Great

Recession and its negative effects on available revenue had interfered with action on many ofthe 28 yet-to-be implemented recommendations. The reasons for delay on the remaining 28recommendations have ended.

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COMMUNICATIONS

Extend the sunset for the Oregon Broadband Advisory CouncilLC 1139 extends sunset to January 2, 2020.AOC supports (9-8-14)

FirstNet and Next Gen 9- 1- 1 implementation

Coordinate with State Interoperability Executive Council and Office of Emergency Management.AOC action scheduled for 10-13-14.

Broadband services

Continue to increase access to broadband services, especially in rural Oregon, with the help ofthe broadband mapping project by Oregon Broadband Advisory Council.AOC action scheduled for 10-13-14.

9- 1- 1 Tax increase (joint with public safety)AOC supports (9-8-14).

ECONOMIC St COMMUNITY DEVELOPMENT

Strategic Investment Program/ Gain Share

Legislation to extend the sunset and otherwise protect the program. All possible tools are

needed to attract and retain businesses. Washington County is sharing its unexpectedly largeproceeds with local school districts and may be willing to share some with distressed counties.There is a misunderstanding that only Washington County benefits from the StrategicInvestment Program. In fact, nine counties use SIP ( Multnomah- no gain share, Union, Morrow,

Clatsop, Washington, Umatilla, Sherman, Gilliam, and Columbia).

Business Oregon/ Infrastructure Finance AuthorityThere is a huge demand for infrastructure throughout the State, which calls for recapitalization

of the Special Public Works Program by$ 100,000,000:

50 million general capitalization to meet increasing demand.25 million for levee certification and repair.

25 million " patient" capital for industrial site infrastructure (" patient"= borrow now,

start paying back in five years).AOC action scheduled for 10-13-14.

Regional Solutions

AOC has been successful in having a county judge or commissioner on each of the 11 RegionalSolution Advisory Committees. Each region selects their economic and communitydevelopment priorities. Under Senate Concurrent Resolution 4 ( 2013), state agencies are

required to support these priorities.

Brownfields

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There are several brownfield sites throughout the state sitting empty and of low value. AOC ispart of the widely represented brownfield lobby group working on proposals to address thecleanup, improved market value, and new development of these sites. Possible solutionsinclude:

Property tax abatement on brownfield land ( allowing difference between old andimproved value for developer from cleanup).Income tax credit.

Recapitalize Business Oregon' s Brownfield Redevelopment Fund ($ 25 to$ 50 million

lottery bonds). This is part of the Infrastructure Finance Authority' s request and also onthe regional solutions list of priorities.

Allow for land trust. That is, remove municipalities from liability allowing them toacquire properties (such as foreclosed property) and possibly do cleanup with assistancefrom the state. The property is passed to the developer, who must accept anyremaining liability on the property.

AOC action scheduled for 10-13-14.

ENERGY, ENVIRONMENT, &t LAND USE

Energy Development Incentives

Biomass development—Department of EnergyThe Department of Energy has a Policy Option Package of$ 15 million for biomass producers or

collectors as incentives for investment. The current tax credit mostly benefits transporters ofbiomass from the collection site to the facility for processing. This proposal is a modificationand expansion to more fully support the project applicants and therefore encourage morebiomass facilities around Oregon.

AOC action likely 12-8-14.

Biomass development— Department of Forestry

The Department of Forestry has a Policy Option Package of$ 2. 3 million for grants for feasibilitystudies and technical support of forest biomass co- generation projects. These projects would

give a much needed boost to the struggling industry. The plans have a great deal of support,but also have been criticized by groups concerned with air quality and supply issues.AOC supports (5- 12-14).

Energy incentive program

This is the trimmed down version of the old Business Energy Tax Credit. This program supportssmall and/ or community scale projects. There may be some improvements to the programincluding extension of the sunset date to 1/ 1/ 22.

AOC action likely 12-8-14.

Solar property tax abatement

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Reform the method under which property taxes are calculated for grid- direct, non- net meteredsolar plants, so that solar plants are not subject to central assessment and pay taxes set by

counties beginning in year one in some consistent manner across the state, but are notburdened by rates that are a very high percentage of revenue.AOC action likely 12-8-14.

Solar income tax credit

Provide for a production- based income tax incentive (such as 2. 5 cents/ kilowatt hour for seven

years in sunnier parts of the state; 3. 5 cents/ kwh for nine years in the less sunny parts of thestate). Solar plants using this incentive would not be eligible for incentives under Energy Trustof Oregon. The state would keep the renewable energy credits during the incentive phase,

then transfer them to the project developer when the developer begins to pay taxes. Using aproduction-based incentive would avoid previous problems of the Business Energy Tax Creditdollars paid before results occur).

AOC action likely 12-8-14.

Energy Facility Siting Council review of applications and amendments

This concept is intended to modify the EFSC process so that an amendment request does not

trigger the full process and a lengthy timeframe for a minimal change to the application. AOC issitting with other stakeholders on an administrative rules advisory committee and is identifying

what legislation is needed, as well as what can be done by rule change.AOC action likely 12-8-14.

Energy facility siting process cost recoveryPlaces in statute authority for the Department of Energy to administer cost recovery ondevelopment projects from developers for other state agencies and for local governments (e.g.,tribes, counties, and cities) that expend resources and staffing to participate in studies forprojects.

AOC action likely 12-8-14.

Clean diesel

Requires state purchasers in 2016 and local government purchasers in 2017 to favor firms with

clean diesel technology for contracts. Incentive dollars have dried up. The Department ofEnvironmental Quality is searching for other ways to incentivize investment in clean dieseltechnology.

AOC action likely 12-8-14.

On-site septic program

Support legislation to allow the Department of Environmental Quality to contract with privateorganizations to perform on- site septic work with county approval. Some counties are turningover their public health programs to nonprofit organizations and this legislation would allow

DEQto contract directly with these entities with county approval. This provides more localcontrol for counties in operating their on- site septic program.AOC action likely 12-8-14.

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Waste materials management

The Department of Environmental Quality is proposing a rate increase on tip fees at landfillsand that the tip fee be adjustable based on volume and inflation. The increased funds would be

used for a variety of programs, including staffing for education and outreach for recycling andsolid waste reduction and rural household hazardous waste programs. DEQ is also proposingincreasing the recycling goals for waste sheds. The solid waste industry seems to be opposed tothese actions until more information on how the increased funds will be used.

AOC action likely 12-8-14.

GOVERNANCE

AOC Court Facilities Task Force

AOC formed the Court Facilities Task Force to submit a prioritized list of county court facilityprojects to the Chief Justice for inclusion in the Oregon State Judicial Department budget. The

task force adopted criteria related to need, readiness, and commitment. Multnomah andJefferson Counties already have commitments from the Legislature to fund their projects.Prioritized for state bond funding in 2015- 17 are replacement projects for Crook, Hood River,Lane, and Tillamook counties. The fiscal impact is$ 17,775,000. Prioritized for non- bond fundingin 2015- 17 are improvement projects for Wasco, Malheur, Grant, Columbia, Wallowa, Coos,Douglas, Clatsop, and Tillamook Counties. The fiscal impact of the recommendation of nineprojects is$ 4 million.

Franchise fee issue

Background: In November 2013, the Oregon City Commission voted to charge a right-of-wayfee for utilities with infrastructure or operations within city boundaries. As a result, Oregon Cityhas assessed a $ 191,000 annual fee to the Tri-City Service District (TCSD), which owns andoperates the Tri- City water pollution control plant. The Clackamas County Board ofCommissioners serves as the governing body for the Tri- City Service District, with guidance fromthe Tri- City Advisory Board, whose members include representatives from the cities of OregonCity, Gladstone and West Linn. The district cannot absorb a fee of this amount and will have toincrease rates for district customers.

There were two options for fee calculations that Oregon City could have pursued: one wasbased on revenue and one on linear footage within the right-of-way. The second option wouldhave cost the district approximately$ 15, 000. Instead, Oregon City elected to assess the largeramount of$ 191, 000. Franchise fees are typically calculated against revenues derived fromcustomers living within the fee- levying jurisdiction. Fees calculated on gross revenues, as is thecase here, raise a variety of questions and potential legal concerns.

These types of fees are rare because they increase the cost of basic services for customers. Thisaction sets a precedent of one public agency taxing another public agency for basic publicservices.

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The County does not dispute the right of home- rule cities and counties to raise their own

franchise fees or other revenue streams. However, the County disputes when localgovernments charge other local governments for these fees, which become hidden taxes. This

harms the public trust and transparency with the ratepayer/ taxpayer.

The county is pursuing legal action in an effort to eliminate or reduce the impact of the fee on

TCSD customers. A legislative fix also may be necessary.

Precinct Committee Persons; Elections

Under current Oregon law, Precinct Committee Persons ( PCPs) for the major political parties

are chosen by taxpayer-funded elections. However, very few PCP elections are contested.Therefore, conducting those uncontested elections is a waste of resources. Other states have

eliminated this waste. Oregon should do likewise, and dispense with holding uncontested PCPelections. The uncontested positions would be certified as elected. Write- ins will be permitted

for races in which no one has filed. Fiscal impact to counties statewide: savings of500,000/ biennium.

AOC supports (9-8-14).

Legislative package of the Oregon Association of County ClerksRelated to recording and election housekeeping.AOC supports (9-8-14).

HUMAN SERVICES

Mental health

Department of Education Early Learning Hubs( LC 429)As the State continues to transition from its former Commission of Children & Families system

to an early learning model, the Department of Education will offer LC 429, which may includeimportant detailed implementation elements crucial to successful coordination of education,

healthcare, child welfare, and other services. Counties will continue to play a critical role insupporting successful early learning outcomes for children.

Oregon Health Authority( LC 477); " 370" population

The census at the Oregon State Hospital (OSH) is largely flat with the exception of the " 370"population, who are individuals unable to aid and assist in their own defense of a criminal

charge. This 370 population has increased 23 percent in the last two years and may cause thestate to open new wings at OSH. The cost for one year of 370-care at OSH for one person is

approximately$ 300,000. The Oregon Health Authority will introduce a bill to limit OSH care to370 cases that cannot be managed effectively and safely in an alternative community setting,which costs far less. AOC supports redirection of savings that result to enhance communitymental health 370 services.

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Department of Corrections (LC 492); Medicaid and incarceration

Most individuals with mental illnesses qualify for Medicaid through Social Security InsuranceSSI). Incarceration for less than 12 months results in suspension of SSI and Medicaid benefits,

while incarceration for more than 12 months results in termination of both SSI and Medicaid

benefits. Individuals must reapply for Medicaid and 551 after release from incarceration. This billis still a placeholder, but given AOC/ AOCMHP' s current work to train local corrections

departments to help ensure that inmates are enrolled in Medicaid before their release, we willengage in this LC when it is published.

Community Developmental Disabilities Program; funding for workload modelThe Oregon Division of Developmental Services ( ODDS)/ Department of Human Services ( DHS)

budget request for 2015- 17 to increase the Community Developmental Disabilities ProgramCDDP) budget from $83,201, 793 in 2013- 15 to $114,730,394, an increase of$ 29, 281, 107 or

35. 2%, is based on the ODDS move to a workload model, to reflect the considerable changes in

CDDP workload due to new Center for Medicaid and Medicare Services (CMS) regulations and

requirements for more Medicaid accountability and to assure person-centered planning, i. e.,individual choices for services and community inclusion. Much of the additional funding will goto FTEs, with a change from 482.44 to 695. 59, an increase of 213 FTEs statewide. This shift

reflects the DHS decision to move its divisions to the workload model, as recently occurred inthe Adults and People with Disabilities Division. The Association of Community Mental HealthPrograms strongly supports the DHS budget request to preserve the CDDP existence and to

enhance their ability to meet all of the new CMS requirements, resulting in better care andoutcomes for people with intellectual and developmental disabilities.

Public health

Task Force on the Future of Public Health Services

HB 2348 ( 2013) established a task force to study options for regionalizing public health services.The Task Force is close to compiling its final report and recommendations. It appears to be

leaning toward a Request- for-Proposal process that would roll out in waves, in which a countycould apply for funds on its own, sharing some services with other entities or as a completepartnership/ consortium. The RFPs would be based on required public health services at a

baseline to be determined by the Legislature and on assessments of the capacity of county andstate services. Details of the final recommendations are unclear and raise many concerns, suchas sustainable funding and unfunded mandates.

Prescription drug abuse

Allow the Board of Pharmacy to add additional prescription drugs (that are not

scheduled controlled substances) to the Prescription Drug Monitoring Program ( PDMP),such as those with a high potential for dangerous drug interaction or abuse (forexample, Tramadol). Language is in SB 470A (2013), which was removed from SB 470B.

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Authorize the PDMP to send out automated notices to prescribers and pharmacists

when the system detects a dangerous potential drug interaction, or potential abuse.

Language is in SB 470A( 2013), which was removed from SB 470B.

Require that medication- assisted treatment program data (methadone clinics) be putinto the PDMP. Frequently persons either leave treatment or while in treatmentapproach a provider and get put on high doses of opioids. The prescriber has no way of

knowing that the patient is getting, or had been getting, methadone. It is very unsafesituation for the patient and certainly for the community at large.Add local health officers to those who can access the PDMP for overdose deathinvestigation purposes. The Health Officer needs access to the PDMP to correlate

prescribing data with those who have died of an overdose. The only mechanism now isdelegation from the State Medical Examiner, to our local ME. That authority should bedelegated to the Health Officer. The ability to know how the deceased got themedication the patient died from has genuine public health implications.

Link the Emergency Department Information Exchange with PDMP data (currentpractice in the State of Washington).

Allow local public health access to various forms of de- identified aggregate data on thelocal level. The state currently has this authority.Allow local public health access to more focused data, such as what is the prescribing

pattern for a group of providers.

Require the use of the PDMP before opiates are prescribed for chronic non- cancer paincurrent law in the State of New York).

Mandate the use of certain protocol for the dispensing of opiates for chronic non-cancerpain (current law in the State of Washington).

Require PDMP entries to include the diagnosis code( s).

Provide the local health departments access to PDMP data without restrictions; orexcept data for individual patient identifiers and individual prescriber names.

AOC supports (9-8-14).

Veterans

Veterans hiring preference

A work group, including AOC, is working on amendments to the veterans hiring preferencestatute to make it more workable for public employers and a more effective tool to provideemployments opportunities for veterans.

AOC action likely 12-8-14.

NATURAL RESOURCES AND PUBLIC LANDS

Federal land management

Federal forest management reform

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AOC continues to be fully engaged in national efforts to improve the health andproduction of federally owned forests in the state, both National and O& C Forests,through active management that will create jobs, strengthen rural communities, and

improve the ecosystem in Oregon. As a prominent member of the National Associationof Counties and the National Forest Counties & Schools Coalition, and with close

relations to the Oregon congressional delegation, AOC has a hands- on presence inWashington, D. C.

AOC, in addition, is participating as a member in the productive activities of the Federal

Forestland Advisory Committee Implementation Work Group to increase the pace andscale of production on dry side federal forests in Oregon ( SB 357 ( 2013); SB 5521

2013)), along with engagements in the work of the Board of Forestry Federal ForestSubcommittee.

Oregon Department of Forestry Federal Forest Restoration budget item— expands on

2. 885 million package in the 2013- 15 biennium (SB 359 (2013); SB 5521 (2013)) with

more focus on project implementation. This would enhance capacity to increase thepace of implementation of federal forest projects, fund local forest collaboratives, and

evaluate methods to achieve time/ cost efficiencies for required project- level analysis.

Fiscal impact: Tentatively$ 6.550 million Lottery Funds; includes 4 FTE ( 2 field projectimplementation coordinators; one to support collaborative and work at the nationalforest level; one for procurement of grants).

AOC supports (9-8-14).

State land management

Oregon Department of Forestry Policy Option PackagesSouth Fork Inmate Camp— shift funding from 100 percent of Forest Development FundFDF) dollars, which are used to manage State Forests, to 39 percent FDF/ 61 percent

Department of Corrections. This split would more accurately reflect the amountassociated with work related to state forest management. The accurate split of costsshould become permanent. Fiscal impact: $ 2. 9 million General Funds.

Recreation, Education and Interpretation ( REI)— one-time request for needs related to

operations of the Tillamook Forest Center. AOC/ CFTLC support depends upon the Board

of Forestry taking necessary action on harvest levels to return ODF State Forest Divisionto an independent and fully functioning entity. Fiscal impact: $ 3. 3 million General

Funds.

Research and Monitoring—one- time request to meet information and science- based

needs required by long-term planning. AOC/ CFTLC support depends upon the Board ofForestry taking necessary action on harvest levels to return ODF State Forest Division toan independent and fully functioning entity. Fiscal impact: $ 3 million General Funds.

AOC supports (9-8-14)

Predator control

Funding for U. S. Department of Agriculture Wildlife Services [ GTF Recom. # 6]

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State funding for the U. S. Department of Agriculture Wildlife Services is appropriated throughthe budgets of the Oregon Departments of Agriculture and Fish & Wildlife. After severe cuts

beginning in 2009, counties were forced to fill the shortfall to the extent possible. For the 2009-11 biennium, counties contributed over$ 2. 4 million to Wildlife Services compared to the

State' s total of$ 340,000, or more than seven times the state appropriation. For the 2013- 15

biennium, the state has rebounded its contribution to $931,778. By maintaining or enhancingthis level of funding in 2015- 17, the state will help to relieve the pressure on overly burdenedcounty budgets and permit a more effective predator control program in Oregon.AOC supports (9-8-14).

PROPERTY TAX ADMINISTRATION; RESOURCES

There has been a significant reduction of state resources to property tax administration. Theadministrative processes required by Measures 5 ( 1990) and 50 ( 1997) are nearlyindecipherable, yet the revenues they produce are critical to public services. With available

resources counties lack the ability to discover new properties and improvements improperlymissing from the tax rolls, which mean loss of potential for new revenues for education, public

safety, physical and mental health, among other critical services.

A Department of Revenue study (11- 04) with findings made before additional cutbacks incounty A& T resources found: " The current level of funding allows all counties to fulfill most butnot all of their critical program requirements" [ emphasis added]; and funds are inadequate to

maximize tax-generating revenue by maintaining active appraisal and omitted propertydiscovery programs, to generate accurate or timely statistical data for system decision- makers,and to absorb significant statutorily mandated program changes.

Counties statewide retain a mere 17 percent of property taxes they collect for all local taxingdistricts. Nevertheless, counties are doing their share of self-help for other taxing districts, butreturns are far too insufficient to repair the system. The Southwest Oregon Assessment &

Taxation Coalition ( Coos, Curry, Douglas, Jackson, Josephine, Lane, and Klamath) formed to

conduct pilot projects proposed by the counties. The pilots are funded by the Legislature as akick-start in 2014 ($345k), under SB 173 ( 2013), the Governor' s technical assistance program,

and facilitated by Oregon Solutions. The pilots -- 1) Compliance auditing of business personalproperty returns ( led by Lane Co. Assessor Mike Cowles); and 2) sharing commercial andindustrial appraisers— are intended to pay for themselves and then some. This approach,however, is not a solution to the statewide problem of lack of resources and lack of active

appraisal and omitted property discovery programs.

The following measures will improve property tax administration for the benefit of all publicservices.

Place all delinquent interest on property taxes within the County Assessment FunctionFunding Assistance Account (CAFFA) [ GTF Recom.# 23]

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CAFFA has dropped as a share of county property tax administration costs from a high of36 percent in FY 2002-03 to less than 20 percent in 2013- 14 ($ 19, 568,474). Meanwhile,

county administration costs have grown to slightly less that $99 million in 2014- 15.Counties retain merely 17% of collections as a statewide average.

A stark illustration of the insufficiency of CAFFA is that the Department of Revenue,which receives up to 10% of CAFFA to do large industrial appraisals, is requesting for the

first time through a budget Policy Option Package (# 142) $ 1. 8 million of state general

funds to cover the shortfall anticipated in CAFFA for the 2015- 17 biennium. The resultof this action would be that approximately 10 appraiser positions in the Valuation

Section of the Property Tax Division would move from Other Funds (CAFFA) to stateGeneral Funds.

This proposal increases CAFFA by approximately$ 30 million/ year to provide better taxassessment and collection, which will generate more revenues for public services andcure the potential forced reduction of DOR large value industrial appraisers.

There would be no direct cost to the state General Fund. Revenue impact to education

is approximately$ 15. 6 million/ year.

The concept was developed by Taxing District Property Tax Stabilization Review GroupDOR, OCCA, LOC, AOC, COSA, OSBA, OSDA, OSACA/ OACTC), Oct. 2007 to Jan. 2008.

SB 563 ( 2009) passed the Senate 29- 0; it died in the House.

AOC supports( 9-8-14).

Provide state general funding of property tax administration for the full cost of schools' useof these services [GTF Recom.# 24]

The cost of county A& T services statewide in 2014- 15 is $ 99 million and growing. The share ofproperty taxes to education in FY 2013- 14 is 45 percent. The revenue impact of GTFRecommendation # 24 is approximately$ 44.5 million of state General Funds per year.AOC supports( 9-8- 14).

Counties statewide retain a mere 17 percent of property taxes they collect for all local taxingdistricts. Other districts should share a portion of costs of collecting their revenues.

Direct counties to partially recover costs of property assessment and tax collection bywithholding two percent from property tax collections for each of the other taxing districts thatare greater than the amount collected for that district for the previous fiscal year. Thecalculation of the increase in collections for a district from the previous fiscal year shall excludeall amounts distributed to that district for payment of its bonded indebtedness or interestthereon. [ FY 2013- 14, one percent =$ 2,025, 640 statewide; benefits would vary by county

depending on market conditions and number of accounts.]AOC supports (9-8-14).

Fee for county assessor administration of Department of Forestry Fire Patrol SpecialAssessment

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LC 1039 would permit a county that collects forest protection district assessments orsurcharges to retain a percentage of collected moneys for the purpose of paying countyadministrative costs.

AOC action likely 12-8- 14.

PUBLIC FINANCE AND REVENUE

To address our own needs, give counties the authority to use existing revenues more flexiblyand to enact new revenue options with approval of county voters [GTF Recom. # 3]:

Allow all transient lodging tax receipts to be used by counties and cities for tourism-related services, including emergency services, law enforcement, and roads and bikepaths. ORS 320.350 requires counties to dedicate 70 percent of receipts from TLTsenacted or increased after July 1, 2003 to "fund tourism promotion and tourism-relatedfacilities."

Permit counties to tax tobacco products, including e-cigarettes.

Permit counties to tax alcoholic beverage.

AOC supports (9-8-14)

Recommendation of the Property Tax Reform Coalition (Portland City Club)Constitutional amendment requiring equitability of property tax assessment??

PUBLIC SAFETY

Criminal justice system reform

Mental Health Justice Reinvestment Program

Establish the Mental Health Justice Reinvestment Program for the purpose of preventingpersons with mental illness from entering into, or from further involvement in, the criminaljustice system. This will include, but not be limited to, reducing referrals to the state hospitaldue to lack of fitness to proceed in criminal cases. The bill directs the Oregon Criminal JusticeCommission ( CJC), in consultation with an advisory body, to adopt rules to administer theprogram. The CJC would award grants to counties that establish services and programs

designed to meet the purpose of the bill. The bill will declare an emergency, be effective onpassage, and sunset July 1, 2025.

New regional facilities

Legislation and funding to establish at least two new regional facilities operated by the state tosupport mentally ill persons encountered by law enforcement, as a diversion from being lodgedin county jails.

Training for law enforcement

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Support the Policy Option Package of the Department of Public Safety Standards and Trainingfor two new positions: 1) an instructor for the regular Academy curriculum; and 2) a travelinginstructor to provide crisis intervention training for law enforcement personnel. Estimated fiscalimpact of$ 379,003 for the 2015- 17 biennium.

AOC action likely 12-8-14.

Prosecution services [ GTF Recom. # 7]

Over the last 15 years, the state has largely defaulted on the obligation shared with counties topay the cost of prosecution services, threatening public safety in many Oregon communities.The state used to pay for part of the costs of deputy district attorneys, of which there areapproximately 350 and each of whom represents the state. In addition, the state paid for fees

for witnesses called on behalf of the state. In biennium 2003- 05, the state appropriated over1. 9 million to pay deputy DAs; it is now zero. Likewise, the state budgeted $ 584, 135 in 2001-

03 for witness fees; it has been zero ever since. Moreover, until 2014 elected DAs had not

received a salary increase since 2005. In 2014, the legislature considered a DA salary increase of10,000, but decided on $ 5, 000. State support must be restored for prosecution services in the

2015- 17 state budget: deputy DAs approximately$ 8.6 million; witness fees approximately930,000; and a second increase of DA salaries of$ 468,000.

AOC supports (9-8- 14).

Criminal Justice Commission justice reinvestment grants

CJC has budgeted approximately$ 66 million to counties and local programs to reducerecidivism. This is the continuation of the $15 million authorized for the same purposes underHB 3194 (2013).

Modernize the 9- 1- 1 tax

The 9- 1- 1 tax has been 75 cents per month since 1995. That amount has neither kept up withinflation nor the ever increasing need for enhanced 9- 1- 1 services in the

21st

century. The taxshould be raised by 50 cents and indexed for inflation.AOC supports (9-8-14).

High- risk juvenile crime prevention program reform

Legislation and funding to transfer administration of the high- risk juvenile crime preventionprogram from the Youth Development Council to the Oregon Criminal Justice Commission (DC),

effective July 1, 2017. Each county governing body shall designate an organization or agency aslead planner to facilitate creation of a partnership among state and local public and privateentities in each county. The plans shall use services and activities to meet the needs of a

targeted population of youths who are at high risk of committing crimes. Among other things,the CJC shall ensure that the planning criteria are met; recommend policies and report progressto the governor and Legislature; review data and outcome information; ensure broad- basedcitizen involvement in development and execution of plans; allocate funds to support the plans,

including minimum grants to small counties; and approve funding and policy recommendationsof the state advisory group as required by the federal Juvenile Justice and DelinquencyPrevention Act of 1974 (42 U. S. C. 5601, et. seq.). The CJC shall have the authority to grant a

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waiver of requirements for basic services grants under ORS 417.850 (8) and high- risk juvenilecrime prevention resources managed by the CJC.

AOC action likely 12-8-14.

Other criminal justice items

Prohibiting weapons in court facilitiesCurrently, statute allows presiding judges in circuit court buildings to prohibit firearms andother weapons. Municipal and justice courts would be included with this legislative concept.

Adjustments to Court Fees

The Oregon Justices of the Peace Association is proposing increases to various court fees. Thisincludes filing fees, trial fees, motion fees, and miscellaneous fees (transcripts, copies ofjudgment, etc).

Maintain dedicated funding sources for the Oregon State Police Fish & Wildlife Division

Funding must be assured, because in emergencies an officer may be called on to provide back-up assistance to rural, in- distressed counties.AOC supports (9-8- 14).

A very bad idea that must not passContinuing efforts to legalize bail bonds in Oregon. There are public safety concerns aboutpersons not fully trained in law enforcement (" skip tracers;" " bounty hunters") active in the

state.

Medical marijuana

Regulation of medical marijuana dispensaries

AOC supports each of these measures designed to keep operation of these dispensaries safe forthe community.

LC 212: Clarify that the location of proposed and licensed dispensaries are notconfidential.

LC 213: Clarify local authority to opt out of dispensaries.LC 214: Basic permitting for persons that work in dispensaries and handle cannabis.LC 215: Licensing and regulation of testers.

LC 216: Licensing and regulation of manufacturers of concentrates.

LC 217: Limits on amounts of products that can be sold to a person at one time.

LC 218: Oregon Health Authority regulation of untruthful or misleading marketing.

LC 219: Broader OHA authority over product labeling.

LC 220: Clarify that normal land use, zoning, and building code rules apply.LC 221: Making the smoking of marijuana subject to the Indoor Clean Air Act.LC 222: Clarify that dispensaries don' t have to be licensed by the Board of Pharmacy.

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LC 393: Licensing and regulation of manufacturers of edibles.LC 391: Require a backup " Person Responsible For," so operations can continue if a PRF

dies or can no longer serve.

LC 392: Permit transfer of marijuana from one dispensary to another in event of closure,or in the event a dispensary moves location.

AOC supports (9-8- 14).

TRANSPORTATION

The Oregon Transportation Forum ( OTF) transportation legislative package

The need to fix the current road system is enormous. The OTF has drafted a package containing14 proposals in three areas: Fix It, Enhance, and Innovation/ Efficiency. AOC has taken a

position on the following 10 proposals:Fix It — Oregon' s first priority should be to maintain, rehabilitate, and operate existing

transportation facilities before building new ones.o Indexing- Seeking indexing of taxes and fees to inflation to prevent the loss of revenue and

purchasing power. AOC supports( 9-8-14); Highest Priority.o Indexing the gas tax to increases in fuel efficiency. AOC opposes (9-8-14).o Roadways— Seeking a $ 300 million per year increase in the State Highway Fund to maintain and

operate existing roads through a five-cent increase in the fuel tax($ 133. 5 million), an increase invehicle registration fees from $ 43 to $ 68 ($ 130 million), and through the implementation ofreforms to the DMV fee structure as recommended in the 2013 DMV Cost of Services Study($ 42

million). AOC supports( 9-8-14); Highest Priority.o Transit— Provide up to $75 million per biennium of state funds to cover the cost of elderly and

disabled transit service. AOC supports( 9-8-14).

Enhance It — Seeking $ 133. 5 million through a five-cent fuel tax increase for systemexpansion in all modes to facilitate swift movement of people and freight. Initial discussions

include giving half of the counties' 30 percent share to metropolitan planning organizations.AOC opposes (9-8-14).

Innovation/ Efficiency— includes the following:o Jurisdictional Transfers of Roads- increase fuel tax by one cent to fund road transfers. AOC

opposes( 9-8-14).

o Directing ODOT to enter into agreements with other state agencies or local governments toshare the costs of facilities and equipment. AOC opposes( 9-8-14).

o Support the Road User Charge voluntary program and advocate for legislative action totransition from a voluntary program to a required Road User Charge. AOC supports ( 9-8-14);

Moderate-High priority.o Develop a 10-year multi- modal transportation needs assessment that will serve as the basis for

funding proposals( i. e. 50/ 30/ 20) to be considered by future legislatures. AOC supports( 9-8-14);Low priority.

o Recommend that state transportation planning efforts ( a) include findings regarding how eachmode should best interconnect with other modes to maximize use of system resources; and ( b)evaluate the impact of the plans' findings on other transportation modes. AOC supports ( 9-8-14), Low priority.

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The current OTF proposal is highly tentative and will be reviewed by members at its September10th meeting.

Propose legislation to allow counties to charge franchise fees to utilities [GTF Recom.# 25]

Change the law to give counties a specific exemption to the rule prohibiting collection offranchise fees from utilities. There is a significant cost to counties at every stage of utility workin county rights-of way, which counties are legally unable to recover. Counties desire the sameexemption cities have to charge franchise fees.

AOC supports (9-8-14).

WATER POLICY

Grants of specific authority to the Water Resources Department: Enter into agreements andconduct certain activities (LC 612)

Although the Water Resources Department (WRD) believes it has broad authority, the WRDdoes not have explicit authority to enter into contracts and other agreements with otherentities. Currently, WRD must undertake these activities through authorities under theDepartment of Administrative Services and the Public Contracting Code. WRD undertakes anumber of activities to purchase goods and services such as water measuring devices andgauges, well drilling, and other activities that are not typical goods and services. Other stateagencies in Oregon have received specific authority allowing them to enter into contracts.

In addition, WRD also has identified a number of activities that it would like to ensure that it

has clear authority to undertake. These include providing grants for place- based planning, damsafety, and dam emergency action plans. It also would like to make clear that it has authority torequire emergency action plans and contract with others to evaluate dams. This billimplements Integrated Water Resources Strategy Actions# 7a, 10, 9a, & 9c.

AOC supports (9-8-14).

Water Resources Department Funding; task force (LC 614)Until 2013, the Water Resources Department, which is heavily dependent on the General Fundfor its operating budget, had experienced a declining share of the General Fund, reductions instaffing capacity, as well as declining dollars overall for the past two decades. This has been

compounded by a corresponding decrease in water management funds from county andfederal partners. In the meantime, WRD workloads are increasing in complexity, particularly inregards to groundwater science. The Water Resources Commission, the overarching policybody, increasingly concerned about these trends, previously formed a revenue enhancementsubcommittee. This bill would continue the commission' s efforts by establishing a task force toidentify and recommend solutions to stabilize and increase WRD funding. This bill implementsIntegrated Water Resources Strategy Action # 13b.

AOC supports (9-8-14).

Water Resources Department 2015- 17 Policy Option Packages ( POPs)

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POP 102— Rebuilding water management field capacity; assistant watermasters ( IWRSAction # 13b). WRD' s watermaster corps protects and manages water rights includingout-of-stream and instream water rights. In the 1990s, WRD staff was supplemented by37 county-funded assistant watermasters in the field. With decreases in county budgetcapacity they are funding only 15 assistant watermasters. The technical assistance andwater distribution capacity at WRD has declined, leaving fewer field resources to helpsenior water right holders and Oregon communities. Positions would be located in theKlamath Basin and other Eastern Oregon field offices. Fiscal impact: $ 356,082 General

Funds; 2. 0 FTE.

POP 103 - Advancing groundwater data management and processing ( IWRS Action # 1b,

1c). An NRS5, chief groundwater technology scientist, would serve as the liaison

between the groundwater section and others internally and externally to implementimprovements to how staff process, use, and share groundwater data. This in turn is

expected to help WRD decrease groundwater rights processing times. Fiscal impact:215, 261 GF; 1. 0 FTE.

POP 105 - Regional Solutions and Placed- Based IWRS Planning Community LiaisonsIWRS Action # 9a, 9b, & 9c). Place- based, integrated water resources strategies are a

tool for communities to determine how to meet their unique out-of-stream and

instream water needs. Similarly, Regional Solutions focuses on implementing economicand community development projects at the local level. With two additional staff, WRD

could increase its capacity to participate in these efforts, providing technical guidance,data, and permitting assistance necessary to secure water supplies for future out-of-stream and instream needs. This request would also include grants to communities toincrease local capacity to develop place-based strategies. Fiscal impact: $ 413, 328 GF;

872,469 Lottery bonds; 2. 0 FTE.POP 106- Helping communities evaluate water projects— SB 1069 (2008) FeasibilityStudy Grants ( IWRS Action # 13c). Local communities often find it difficult to secure

feasibility study funding as part of their project development. WRD currently has750,000 in its base budget to provide funding for water conservation, reuse, or storage

feasibility studies. WRD would also benefit from increasing the resources available forstaffing( currently at .25 FTE) to manage and monitor the granting process. Fiscalimpact: $ 139,318 GF; $ 791,954 Lottery bonds; 0.75 FTE.POP 110- Monitoring Coordinator for efficient data sharing and management ( IWRSAction # 1b, lc). Adding a monitoring coordinator will allow WRD to coordinate inter-agency collaborative monitoring efforts, fill data gaps, and make improvements to howwe gather, process and share water resources data and information. This

position would lead in assessing water resource data needs and providing data qualityassurance in working with state and local governments, as well as non- governmentalentities and other partners. Fiscal impact: $ 211,067 GF; 1. 0 FTE.

POP 113 - Recapitalizing the Water Supply Development Fund ( IWRS Action # 3a, 10a,

10b, 10c, 10e, & 11b). WRD will see the first bond sale to capitalize the state' s Water

Supply Development Account during 2015. If the fund is not recapitalized and all of themoney is granted in 2015, WRD will be unable to provide another round of grants until

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2019. There is a need to continue to recapitalize the fund to keep pace with demandand enable Oregon to meet its current and future out-of-stream and instream waterneeds. This includes a position to administer the grants. Fiscal impact: $ 186,962 GF;

20,483,990 Lottery bonds; 1. 0 FTE.POP 115 - Integrated Water Resources Supply Development ( IWRS Action # 3a, 5a, 9c,

10a, 10b, 10c, 10e, & 11b). This package would add to the existing Water Resources

Development Team, allowing the state to proactively work with communities toidentify, evaluate, and develop water resources solutions. This package would expandthe water supply team, adding a project manager, two finance specialists, and atechnical coordinator. In addition, an engineer focused on water resources would

provide the necessary expertise to evaluate the practicality and safety of such projects.Fiscal impact: $ 1, 026,218 GF; 5. 0 FTE.

AOC supports (9-8-14).

Department of Fish & Wildlife 2015- 17 budget

Engage in the Water Supply Development Program and Integrated Water Resources Strategy byshifting from license fees to General Funds ($ 603,000). This will provide three partial positions

in Water Quantity and Quality program, which are proposed for elimination if not funded by GF.

AOC supports (9-8-14).

Environment

Sage grouse— potential listing under federal Endangered Species ActAOC is fully engaged with the counties in eastern Oregon, led by Harney County Judge SteveGrasty, in the state and federal administrative processes related to sage grouse and its habitat.The Governor' s office is currently working on a legislative policy package that would supportefforts to avoid the listing under the ESA. The Oregon comprehensive land use planning systemis playing a key role in attempting to retain local control of the solution.

Waters of the U. S.

On April 21 the U. S. Environmental Protection Agency (EPA) and the U. S. Army Corps ofEngineers ( Corps) jointly released a new proposed rule— Definition of Waters of the U. S. Under

the Clean Water Act— that would amend the definition of "waters of the U. S." to expand the

range of waters that fall under federal jurisdiction. Counties and the state would likely feel amajor impact as more waters become federally protected and subject to new rules orstandards. The proposed rule would impact roadside ditches, flood control channels, drainageconveyances, stormwater systems, and green infrastructure construction and maintenance.

AOC is actively opposed to increased jurisdiction of the EPA on the waters of the US.

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Clean Water Act: " navigable" waters

AOC and the National Association of Counties support keeping the terms navigable and/ ornavigable waters in the Clean Water Act to protect intrastate waters, including wetland

habitats, rivers, and streams within the United States and to protect the basic, fundamentalprinciples of local land use control in accordance with the goals of the CWA. NACo and AOC will

oppose any effort to remove the term " navigable" from the CWA.

Natural Resources and Public Lands

Forest and rangeland health

AOC, the National Forest Counties & Schools Coalition, and the National Association of Counties

support initiatives to address the threat of catastrophic events to our public forest andrangeland resources. Federal land management agencies shall utilize an appropriate mix of

management practices, and increased private, local, and state contracts and partnerships forpre- fire management, effective fire suppression, and restoration of federal forest andrangelands. As a goal, AOC and NACo support legislation to direct and enable federal forestmanagement agencies to reduce Fire Regime Condition Class ( FRCC 3) to a standard of FRCC 1

in all federal forests by the year 2030, and to reduce FRCC 2 to the standard of FRCC 1 in allfederal forests by the year 2050, through means of active landscape scale management, fuelsreduction, and immediate post- fire restoration.

Wyden- Crapo Wildfire Disaster Funding Act (S. 1875)The U. S. Forest Service and Bureau of Land Management have been forced to spend increasingproportions of their budgets on wildland fire suppression, diverting critical resources from the

very programs designed to prevent fires. To illustrate, the proportion of budgets of the U. S.Forest Service devoted to wildland fire suppression has increased from 13% in 1991 to 41% in

2013. S. 1875 would move any spending above 70% of the 10-year rolling average for fire

suppression outside of the agency' s baseline budget by making additional costs eligible to befunded under a separate disaster account.

AOC, the National Forest Counties & Schools Coalition, and the National Association of Counties

support S. 1875, the Wildfire Disaster Funding Act, so that the budgets of the U. S. ForestService and Bureau of Land Management will have protection of its resources appropriately

devoted to hazardous fuel treatments through active management of the federally ownedlandscape, rather than having those resources drained by wildland fire suppression.

Traditional receipt sharing with counties of stewardship end- result contracting project

authority

The U. S. Forest Service and Bureau of Land Management have renewed legislative authority to

enter into stewardship contracts for management of federal forests and rangelands. Thereauthorization does not include, however, traditional sharing with counties of revenues

generated from these projects. AOC and the National Association of Counties support

stewardship end- results contracting projects as a tool to manage federal forests andrangelands, but only if it retains the historical receipts sharing with counties. In this context, the

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sharing should be based on the gross appraised value of the commodity or product harvestedor produced under the contract or agreement.

Active federal forest management with "bridge funding"

While counties are deeply grateful for the financial lifeline of the Secure Rural Schools &Community Self-Determination Act (SRS), AOC, the National Forest Counties & Schools

Coalition, and the National Association of Counties urge a new direction in management of our

federal forests, for the very health of the forests themselves, and for job opportunities andsocial and economic sustainability. While some form of" bridge funding" to maintain solvency inour counties will be required, particularly given the dominance of federal forest presence inmany counties, it must be in concert with a new direction in federal forest management.Legislation that provides " bridge funding" to forested counties and school districts whileeconomic vitality is restored in these communities is vitally important and essential. Also, foreconomic vitality, Congress must mandate active sustainable forest management to achieveresilient forestlands managed by the United States government.

Improved economic analysis of the effects of Critical Habitat designations under theEndangered Species Act

AOC and the National Association of Counties support legislation that would require the US FishWildlife Service to perform cumulative and quantitative economic analysis, prior to the

designation of Critical Habitat, that would measure the effects of such a designation on allaffected stakeholders— not just on federal agencies— and would include the effects on possible

uses of land, property values, employment, and revenues available for state and localgovernments.

Payment in Lieu of Taxes (PILT)

AOC, the National Forest Counties & Schools Coalition, and the National Association of Counties

support the permanent, full funding of the PILT program at its yearly authorized level.

Special use designations of federal lands

Congress and federal agencies shall consult and confer with affected counties as early as

possible when considering special land use designations that impact the use and status ofpublic lands. Counties should be fully involved in the drafting and development of any billspertaining to wilderness designation within any affected county' s jurisdiction. Public hearingsmust be held in the counties affected by the proposed designation. There must be compliancewith the requirements of the National Environmental Policy Act ( NEPA). AOC and the National

Association of Counties oppose Executive Branch efforts to designate de facto wilderness orfederal restrictions not explicitly enacted on use of public or private lands in proximity to adesignated wilderness or a Wilderness Study Area without congressional approval.

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