The OSWA Legislative Update
The OSWA Legislative Update · June 22, 2009
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Dear OSWA Member,  
 
Forestry Budget Finally Approved
Last Friday afternoon following interminable delays and brinksmanship, the budget for the Oregon Department of Forestry passed the Ways & Means Natural Resources Subcommittee.  The ODF budget was the final budget approved by the subcommittee as the legislature charges towards adjournment.
 
Budget negotiations ran into a brick wall when budget writers ignored legislation, HB 2215, unanimously approved by the House Agriculture & Natural Resources Committee.  HB 2215 set out sharing of emergency fire costs on a dollar for dollar basis from the first dollar between forest landowners and the General Fund and maintaining the current maximum landowner share at $15 million.  The $15 million limit has been in place for the past few biennia, but needs to be renewed every two years or the limit defaults to $10 million.  Oregon's one-of-a-kind fire insurance comes with a $25 million deductible that landowners and the General Fund have to pay before the policy kicks in.
 
Legislators were forced to resolve the emergency fire fund matter when subcommittee members refused to approve the ODF budget until an equitable resolution of forest landowner fire costs was reached.  Like everything legislative, the ultimate product was a compromise that was designed on the spot.  Although forest landowners will not share emergency fire costs on a dollar for dollar basis with the General Fund, the landowners share will be reduced to a maximum of $10 million.  Thus, the landowners will pay the first $10 million of the insurance deductible and the General Fund will be responsible for all costs from $10 million to the $25 million.
 
Previously, legislative budget writers had agreed to restore the 50-50% cost sharing for the normal fire program budget and remove Administration costs from landowners' responsibility.  Thus, the Governor's proposal to shift more of the fire program costs to landowners was rejected by the budget writers.  Note: OSWA members' lobbying efforts this session did pay dividends!
 
ODF's Private Forest program did not fare as well as the fire program.  It is still unclear how many stewardship foresters will be lost based on the approved budget.  OSWA will report on this in the coming weeks as the impacts clarify. 
 
To help offset some of the revenue loss due to the budget cuts, landowners agreed to continue forest practice act enforcement support at the current Forest Product Harvest Tax rate for the next two years.  Thus, the subcommittee approved HB 2214 with an amendment that will maintain the historical 60-40% split between the General Fund and the FPHT by describing the $0.37 per thousand board feet as a privilege tax.  Forest landowners agreed to maintain the FPHT thru the one-time surcharge, or privilege tax, in light of the state's revenue shortfall as long as the money is directed to field enforcement of the Forest Practices Act as the budget legislation requires.
 
Subcommittee Co-Chair Sen. Vicki Walker, D-Eugene, was extremely helpful in advocating for ODF's budget and maintaining landowners' traditional level of support for fire and forest practices.  At the end of the committee's deliberations, Co-Chair Rep. Bob Jenson, R-Pendleton, said that he and other budget writers would work with forest landowners during the interim to forge a long-term resolution to the emergency fire cost sharing issue.
 
ODF Division Chiefs Paul Bell (Fire) and Jim Paul (Private Forests) have been invited to attend our next GAC meeting (July 1) to review the final budget numbers and the impacts to their respective programs.
Governor Threatens Budget Veto
Amidst the frenetic pace of the legislature as they cobble together budgets prior to adjournment, Governor Ted Kulongoski sent Democratic legislative leaders a terse letter threatening to veto their K-12 Budget over an extra $200 million from reserves they added to the $6 billion budget.  Kulongoski wants the reserves maintained to mitigate future revenue shortfalls as the recession continues.
 
The veto threat harkened back to the years of Governor John Kitzhaber when Republicans controlled both Houses of the legislature and Kitzhaber frequently used his veto pen.  He began to be referred to as Dr. No for the frequency of his vetoes.
 
Kulongoski's threat is unusual since he is also a Democrat.  Talk of a veto override was the buzz in the Capitol as the session winds down.  A two-thirds vote is needed for an override, so four Republicans in the House and two in the Senate will need to join all Democrats for prevail over the Governor.
 
One Climate Change Bill Moving
Although SB 80, a much debated Cap & Trade proposal, has been shelved; HB 2186 is pending on the Senate floor.  HB 2186 is a greenhouse gas complimentary measures bill that gives DEQ authority to study regulations affecting transportation including tires, aerodynamic modifications and fuels.
 
Log trucks and some farm vehicles are exempt from the Low Carbon Fuel Standards that HB 2186 requires.  However, the low carbon fuel would not be appropriate for heavy equipment like yarders and loaders.  The original HB 2186 passed the house in a close vote, the Senate will vote this week. 
 
Environmental interests have leaned on legislators and the Governor to pass HB 2186 by threatening to finance a citizen referral of the $300 million transportation package that passed with bipartisan support last month. 
 
HB 2001 includes a $0.06 per gallon gas tax increase that is vulnerable to rejection at the ballot. This potential ballot loss is motivating legislators who previous were not in support of the transportation measures bill to work to pass HB 2186 by adjournment.
 
Below is a link to an article from The Oregonian describing the environmental initiatives that, to date, have not faired well in the 2009 session.
 
Many green-friendly bills don't make the cut in Oregon - Oregon, Northwest and National Politics & Elections News - Oregonlive.com  

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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
 
Ralph Saperstein
OSWA Lobbyist
Conkling Fiskum & McCormick

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