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Oregon Trails
An Occasional Newsletter
from
The Association of Oregon Counties
Month, Year - Vol 1, Issue 1 |
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Summer Arrives - Oregon Prepares
No let down in activity
June 26, 2012 |
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| Election Year Summer | |
With the mandated deadline of June 30th looming, county officials have been working on their 2012 - 2013 budgets. Most of those budgets will be very lean. In Salem, efforts continue in both the legislative and executive branches to find ways to effectively work with impacted counties. The Legislature's County Payments Task Force staff is working on an agenda for the group's next meeting this fall. The Governor's office continues to grapple with the myriad of problems as does the Chief Operating Officer's office.
Of course, AOC staff continues to work with state officials every step of the way. In some respects, the attention finally being paid to county government in Oregon is refreshing, if not long overdue. Opportunity may be knocking in the form of legislation for the 2013 session that could enable counties to more effectively and efficiently provide vital public services.
AOC Executive Director Mike McArthur has been on the go visiting several Eastern Oregon counties. He captured a road sign on Highway 140 that a cynic might consider a sign of the times. See the story below for more details about his trip. |
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| U.S. Supreme Court to Hear NEDC v. Brown/Decker | |
In exciting news, the Supreme Court of the United States agreed to consider the Ninth Circuit ruling of NEDC v. Decker, which would require a National Pollution Discharge Elimination System permit under the Clean Water Act for stormwater runoff from logging roads, in spite of an Environmental Protection Agency rule to the contrary adopted in 1976. The ruling has sweeping implications, potentially requiring NPDES permits for every road in the country that is served by ditches or culverts that eventually discharge to natural surface waters. AOC, the State of Oregon, NACo, and others requested review of the decision by the Supreme Court. Moreover, Congress prohibited funding until September 20th to implement the ruling, and bills were sponsored by Senator Ron Wyden and Congressmen Kurt Schrader and Greg Walden to correct the decision.
The Solicitor General noted several times in his brief to the Supreme Court that the Ninth Circuit erred, but curiously recommended that the Court not take the case. Given that few reviews are actually granted, the Court's decision may well indicate that the Ninth Circuit ruling will be partially or entirely overturned. |
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Commissioner Robertson Addresses Spotted Owl Critical Habitat | |
The US Fish & Wildlife Service (USFWS) held a public hearing in Portland last Wednesday regarding its proposal to designate Critical Habitat for the Northern Spotted Owl on some 14 million acres in Oregon, Washington, and northern California. Included in the proposal are private and state forest lands. Paul Henson, State Supervisor of the Oregon USFWS Office, states that the number of acres will be reduced in its final designation, and that he is working with the Oregon Department of Forestry to align the designation with conservation areas of County Forest Trust Lands/State Forests. The USFWS points out that Critical Habitat does not create a reserve, but does require consultation under the Endangered Species Act if there is federal action, federal money, or potential "take" of a spotted owl involved in an operation within Critical Habitat.
Commissioner Doug Robertson, a Chair of the AOC Forest Management Subcommittee and President of the O&C Counties Association (O&CCA), made several points at the hearing. He stated that over 1.2 million acres of federal O&C lands are in the designation, in spite of strong physical, historical, and legal reasons to exclude them. O&C lands are checkerboarded with private lands and have as their dominant purpose the production of revenues and jobs. He argued that the USFWS should have done an Environmental Impact Statement (EIS) instead of an Environmental Assessment (EA), given the devastating nature of the cumulative impacts of the listing of the Spotted Owl. An EA uses only data of incremental impacts of the designation, while an EIS would require data of the full impacts of federal action since listing of the owl, thus providing a clear view of economic and social damage. Commissioner Robertson also commented that the Barred Owl, a competitor of the Spotted Owl, is successfully displacing the listed owl. He argued that there should be a full analysis of the effects of this before designation of Critical Habitat.
The final designation is due by court order on November 15th. At the request of AOC and O&CCA, several members of the Oregon Congressional Delegation urged the Secretary of Interior to extend the comment period for 90 days, which was refused. Moreover, Douglas County and two other counties requested Cooperating Agency Status in the process. This, too, was denied.
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| Transportation Reauthorization | |
As this newsletter is being produced, the United States Congress is still trying to find a compromise transportation bill that will not only insure that hundreds of construction projects will continue this summer, but that federal forest payments would be reauthorized for one more year (albeit at a lower amount than the 2011 payment) and the PILT program would be appropriated for one additional year. Senate Democrats and House Republicans have indicated federal forest payments will be a part of any final transportation package. Congressional leadership has made it clear getting a transportation package done by June 30th is a must. The conference committee currently trying to craft the package is said to be very close to a final agreement. Oregon Congressmen Peter DeFazio and Earl Blumenauer are members of that conference committee.
The fallback position if Congress does not get done by June 30 is an extension of the current authorization, which does not include federal forest payments.
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| Transportation Funding Allocation and Project Selection Process | |
The Oregon Department of Transportation (ODOT) is proposing to change the process and allocations for funding transportation projects. Every two years the Oregon Transportation Commission (OTC) establishes the various program levels for the Statewide Transportation Improvement Program (STIP). Facing the reality that money available for state transportation projects will decline in future years, the proposed new process and allocations will place greater emphasis on flexibility and maintenance of the system.
The proposal assumes the status quo for the amount of federal funds but gives recommendations on what would happen if there was either less or more funding. Secondarily, it establishes a new process that would place all funds into essentially two buckets: Enhance-it and Fix-it. Approximately 76 percent of the funding ($1,028 million) would be allocated to the Fix-it bucket, primarily for maintenance/ preservation decided by ODOT management. The remaining 24 percent ($324 million), would split:
- 20 percent would be set aside for the OTC obligation to state priorities
- 80 percent would be allocated to the five ODOT Regions using the "modernization split" formula. The Area Commissions on Transportation (ACT's) would be asked to recommend funding for this portion. Using the funding assumptions from the recommended scenario, the funding allocations would be:
- Region 1 = 38 percent ($98.5 million)
- Region 2 = 29 percent ($75.2 million)
- Region 3 = 15 percent ($38.9 million)
- Region 4 = 10 percent (25.9 million)
- Region 5 = 8 percent (20.7 million)
The OTC will decide whether to approve this new process and funding allocations at their July 18 meeting. More details on the proposal can be found in the OTC June meeting materials (go to page 232).
At its June 21, 2012 meeting in Coos Bay, the OTC also approved the I-5 Rogue Valley Corridor Plan and had an informational presentation on the Oregon Seismic Lifelines Route study and Seismic Options Report. The study is part of an effort to identify seismic vulnerabilities of critical facilities and resources and recommend options to improve resiliency.
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Central Oregon Large-Lot Industrial Lands Rulemaking Begins | |
A workgroup charged with implementing the terms of a settlement agreement between Deschutes County and 1000 Friends of Oregon held an initial meeting June 13th in Bend. The goal of the workgroup is to translate the terms of the agreement brokered by the Governor's office into narrowly targeted rulemaking that will implement the Central Oregon Regional Economic Opportunity Analysis (REOA). The REOA identified a regional need for large-lot industrial sites and called for the short-term addition of six new sites by authorizing cities in the region that do not have qualifying land available to add one of the six authorized large-lot sites to their UGB providing certain conditions are met. 1000 Friends appealed the Deschutes County adoption of the REOA into the county's Comprehensive Plan to the Land Use Board of Appeals (LUBA), however the Governor's office subsequently offered to conduct settlement negotiations, resulting in the LUBA appeal being stayed.
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Workgroup Addressing FEMA Floodplain Management Kicks Off | |
Over forty county and city planners convened at the Department of Land Conservation and Development (DLCD) on June 6th to begin what will likely be a multi-year process to address the outcome of a recent lawsuit that requires the Federal Emergency Management Agency (FEMA) to consult with the National Marine Fisheries Service (NMFS) over the effects of the National Flood Insurance Program (NFIP) on listed salmon. The group's mission will be to develop strategies for incorporating the outcome of the FEMA Endangered Species Act (ESA) consultation into local flood hazard zone programs. Some of the topics of concern raised at the initial meeting included how to develop interim guidance, demonstrating "no adverse modification," funding issues, and dealing with riparian buffer zone adjustments. Sub-groups will be formed to deal with these issues and several others. Consultation is expected to take at least a year, with a four-year implementation window to follow.
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| Oregon Department of Energy "Energy Incentive Program" Rules | |
The Oregon Department of Energy (ODOE) has filed permanent rules for its transit, conservation, and compliance and pass-through programs. These programs are part of the Energy Incentives Program, created in 2011 by House Bill 3672 (amended by HB 4079 in 2012) and replaced the Business Energy Tax Credit.
A summary of the new rules:
Transit: Effective June 11
* Includes information on the application process, allocation of tax credits within funding limits and issuance of tax credits.
* The first opportunity announcement and application forms for the transit program will be available this summer.
Conservation: Effective June 19
* Creates an operating framework for the energy conservation tax credit.
* Includes the application process, allocation of tax credits within funding limits and issuance of tax credits.
Compliance and Pass-through: Effective June 19
* Creates an operating framework for the transfer of tax credits through the pass-through process and ODOE's compliance activities to inspect and verify projects and systems.
For more information on the energy incentives program visit the Oregon Department of Energy Web site or contact:
Lisa Joyce, 503-378-6510
Maureen Bock 503-934-4004
In Oregon 1-800-221-8035
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White House Rural Council's Rural America Forum | |
Amanda Hoey, Executive Director of the Mid-Columbia Development District and President of the Oregon Economic Development Association, spoke on June 18, 2012 in Washington D.C. about bringing together varied interests and organizations to take a wide-angle look at shared economic development interests spanning Oregon's Hood River, Wasco and Sherman counties along with Skamania and Klickitat counties in Washington. Her work was done in concert with the USDA Rural Development sponsored a training program, "Stronger Economies Together" (SET). It aims to help neighboring stakeholders and institutions identify new ways to leverage multiple local assets and opportunities for increased prosperity in the region.
She underscored that "it is important to maintain updated, long-term regional strategies that include an expanded set of partners, including government entities as well as non-profits and foundations with a mission and resources to invest in economic development. They will be crucial partners moving forward."
The Oregon Economic Development Association is an affiliate organization with the Association of Oregon Counties.
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| Health Care Transformation Update | |
The following entities have submitted Requests for Application to become a CCO for Wave 2 certification for the services areas indicated.
- Columbia Pacific CCO, LLC (resubmitted) Clatsop, Columbia, Coos (partial), Douglas (partial), Tillamook
- Eastern Oregon Coordinated Care Organization (resubmitted) Gilliam, Grant, Harney, Lake, Morrow, Sherman, Umatilla, Wallowa
- FamilyCare Community Health Alliance, Inc. (resubmitted) Morrow, Umatilla
- Jackson County Coordinated Care Organization, LLC Jackson
- PrimaryHealth of Josephine County, LLC Douglas (partial), Jackson (partial), Josephine (partial)
As each of these entities move forward with their application AOC will be contacting the affected counties and requesting details on how the future CCO has been communicating with each county.
Several entities who received provisional certification from the first round have submitted their "readiness review." The results of this review should be available in the next few days. Those entities that are judged to meet the criteria of the review will be certified as CCOs. The CCOs will "go live" on August 1.
Health Care Transformation Questions
Several commissioners and judges have requested a forum to have their CCO questions answered by OHA. OHA has agreed to have someone answer these questions so now it is up to you, the commissioners and judges, to ask your questions. Please send your questions to AOC staffer Mark Nystrom by July 6th and he will compile the questions and submit them to OHA. These questions and answers will be discussed at the July 13th Human Services Steering Committee meeting and also be made available in the next newsletter.
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AOC Representation Needed for Public Transit Advisory Committee | |
If you're interested in public transit issues, consider representing the Association of Oregon Counties on ODOT's Public Transit Advisory Committee. This committee meets every other month on the 2nd Monday.
The Public Transportation Advisory Committee (PTAC) provides a forum for public and special-needs transportation providers within Oregon. The committee gives input to the Oregon Transportation Commission and Public Transit Division on significant public transportation issues. In addition to making policy and program recommendations, PTAC members promote alternative transportation modes and supports transportation options, endorsing local community and regional solutions.
For more information, please contact Ann Hanus.
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| Out and About With Mike McArthur |
AOC executive director Mike McArthur spent the past few days visiting counties near and far. Starting in Morrow County, McArthur met with Judge Terry Tallman about juvenile  work and all that's going on with the Portland General Electric coal plant in Boardman. In John Day, McArthur met with Judge Mark Webb regarding forest management where Grant County is considering putting money into forest restoration projects. They also discussed health transformation and the formation of CCOs.
 McArthur went on to Burns for a meeting of the Oregon Geographic Names Board (OGNB), of which he is a member. Commissioner Pete Runnels provided a welcome to the OGNB on behalf of Harney County. Following the meeting the OGNB headed to Diamond for a tour of the Malheur National Wildlife Refuge and the special management area on Steens Mountain. McArthur followed the tour with a visit to Commissioner Dan Nichols.
On to Lakeview, McArthur dined with Commissioner Brad Winters and his wife, followed the next day with a visit to Commissioner Ken Kestner before attending the Lake County Board meeting. Lake County is considering referring a question to the voters on making the board non-partisan.
Then it was off to Grants Pass for a meeting with Douglas, Jackson and Josephine counties to talk about the regional pilot program on redefining farm and forest land. That's where he is at the time of this writing. He'll be back in the office on Wednesday. I think this what they call a "whirlwind tour."
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Upcoming Trainings, Workshops, Conferences and Listening Sessions | |
LGPI Annual Conference, Oregon Garden Resort, Silverton, August 21-23, early bird registration opens in June!
SAVE the DATE:
The Oregon Business Development Department is partnering with the Fair Housing Council of Oregon to present three fair housing workshops in 2012. Registration and agenda information will be out soon.
Pendleton, Oregon - August 20, 2012 (10am-4pm)
Medford, Oregon - September 11, 2012 (10am-4pm)
Portland, Oregon - October 2, 2012 (8:30am-5pm)
(NOTE: The Portland session is longer due to a bus tour that will be included.)
3CMA (City/County Communications and Marketing Association) Annual Conference, Portland, September 5-7, 2012
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Have a great weekend!
Laura Cleland & Eric Schmidt
Association of Oregon Counties
503-585-8351
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