OSWA Legislative Update - February 14, 2010

The Legislature completed its second week of the special session on Friday. Our efforts, along with those of other natural resources organizations, made certain that several bills were defeated. If these bills had passed, they would have had direct negative impacts on family forestland owners (see details below).

There are many bills still in play; however, none that directly threaten our ability to manage forestland. Although repealing the kicker law is going nowhere this session, there are many bills and proposed constitutional amendments still in play.

The most significant proposed constitutional amendment would provide for annual legislative sessions. This would substantially increase the time and cost for the public and groups like OSWA to effectively participate in the legislative process.

It is hard to understand how any of the bills or constitutional amendments introduced this session in any way constitutes an emergency that must be addressed in a special session. However, that has not slowed down legislative leaders from moving a wide range of bills. The Legislature is on schedule to adjourn the last week of February.

SB 1060 - The original bill redefined navigability, floatage and recreational access to waterway and adjoining properties. Due to the bill's controversy, there were not enough votes to move it out of committee. OSWA actively lobbied against passage of this bill.

The committee members reached a compromise to amend the bill so its only purpose is to create a Task Force of 17 members to study public use of waterways.

The amended bill directs the task force to study the use by the public of waterways, reviewing relevant considerations including, but not limited to, the public use doctrine, judicial opinions and the interests of landowners who own property adjacent to waterways.

The bill states, "The task force shall submit a report summarizing the results of the study, and shall include recommendations for legislation, including proposed language, to the interim legislative committees on environment and natural resources on or before December 1, 2010. The Department of State Lands shall provide staff support to the task force."

On Friday, the amended bill was passed out of committee with a do pass recommendation. It has not yet been scheduled for Senate floor action. We anticipate it will pass the Senate, as well as the House before the session ends.

SB 1020 - This bill would have changed the definition of an "applicant" when applying for a removal - fill permit. OSWA was vocally opposed to the bill on grounds that it was detrimental to private property rights.

The bill did not have the votes to pass it out of committee, thus the bill is dead for this session. However, we expect some version of this bill will be back in the 2011 general session.

HB 3661 - This bill would have reduced the amount of ground water for single domestic use exempted from registration, permit, certificate and other requirements. It also added new permitting requirements. OSWA testified in opposition to this bill and effectively lobbied to stop the bill in Committee. The Environment and Water Committee Chair did not have the votes to pass this out of Committee, so it died for this session.

It is probable that this legislation will be reintroduced in 2011. It is important to note that both the Oregon Farm Bureau and the Oregon Association of Nurseries will support some form of greater restrictions on exempt use of ground water. Both organizations were supportive in this session to postpone consideration of this legislation until the 2011 session to ensure broader public input in developing a bill.

HB 3693 - This bill permits the sale of diesel fuel containing additives to prevent congealing from November 1 to March 31 without violating minimum biodiesel content requirements. The bill was amended and passed by the Environment and Water Committee with a do pass recommendation. One key change in the amended bill is the dates were changed to October 1 to February 28. The bill has not yet been scheduled for House floor action.

Key dates for the Special Session:

Feb. 17 - deadline for second-chamber bills to be posted on committee agenda ((except Rules, Revenue, and Ways & Means).

Feb. 19 - last day for committee action - exceptions require presiding officer approval (except Ways & Means).

Feb. 22 - last day for all committee action except Ways & Means.

Congressman Schrader Visits Bentz Family Tree Farm

Congressman Kurt Schrader toured the Bentz Family Tree Farm near Scio, Oregon on February 12, 2010. Oregon family woodland owners talked with the Congressman about a number of issues important to them and their families. The tour was organized by OSWA, in cooperation with the American Forest Foundation.

A common thread about the issues discussed with Congressman Schrader was ways to keep forestland in family ownership across multiple generations. Tour participants suggested that to do this will require estate tax reform, ensuring supplemental income streams are available, such as biomass and ecosystem services, including carbon, and federal funding support for some key USDA programs.

The group thanked the Congressman for his leadership on forestry issues, and for co-chairing the Congressional Healthy Forest Caucus with Congressman Greg Walden. They also thanked him for his work to achieve a reasonable biomass definition in federal legislation that creates opportunities for family forestlands to participate in this emerging market.

In discussing the jobs bill being debated in Congress, participants acknowledged Congressman Schrader's support of job creation through activities focused on public lands. However, the participants stated that there are equal or greater opportunities for job creation on private forestlands across Oregon, and a balance of job opportunities on public and private forestlands would best serve his district and the state.

Participants ask for his support on reforming the estate tax law to exclude or limit estate taxes on family woodlands. Further, they sought Congressman Schrader's support for three USDA programs that benefit family woodland owners: the Forest Stewardship Program, which is administered by state forestry agencies and provides an array of forestland owner assistance; the Forest Inventory and Analysis Program, which maintains an annual inventory of all the nation's forestland; and the Cooperative Forest Health Program, which provides detection, monitoring and response mechanisms to combat pests and pathogens that threaten our forests.

Thank you for reading OSWA's Legislative Update. Please pass this email on to others that may be interested in legislative news and information. Your comments and suggestions are always welcome.

Sincerely,

David Ford

Executive Director

Oregon Small Woodlands Association