Bill Text: OR HB3337 | 2013 | Regular Session | Engrossed
Bill Title: Relating to ecosystem services; declaring an emergency.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3337 Detail]
Download: Oregon-2013-HB3337-Engrossed.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2711
B-Engrossed
House Bill 3337
Ordered by the House June 27
Including House Amendments dated April 11 and June 27
Sponsored by Representatives GARRETT, GILLIAM; Representatives
BAILEY, BOONE, BUCKLEY, DEMBROW, GOMBERG, REARDON, VEGA
PEDERSON
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ + Directs Governor's office to convene work group on
ecosystem services. + }
{ - Expands state policy relating to ecosystems. - } Adds
ecosystem services to principles guiding state land use program.
Directs Governor's office to { - facilitate - } review
{ - of - } state conservation plans.
{ - Authorizes state agencies to allow use of payments for
ecosystems services as compensatory mitigation. Specifies
circumstances under which state agency may purchase credits for
ecosystem services. - }
{ + Encourages state agencies and local governments to
consider use of natural infrastructure. + }
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to ecosystem services; creating new provisions; amending
ORS 197.010; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
ECOSYSTEM SERVICES WORK GROUP + }
SECTION 1. { + (1) The Governor's office shall convene a work
group that represents public and private interests in ecosystem
services, including, but not limited to, farming, ranching,
timber, nursery, municipal, conservation, water quality, real
estate and wetlands interests, to:
(a) Identify impediments to the State of Oregon's ability to
employ ecosystem services and tools to meet conservation goals
within the context of agency programs, while providing
socio-economic benefits for landowners who employ good
stewardship;
(b) Prioritize solutions to address the impediments specified
in paragraph (a) of this subsection;
(c) Propose pilot projects that apply prioritized solutions and
demonstrate how these solutions may overcome impediments to the
use of ecosystem services approaches and tools; and
(d) Consider the role of state agencies and local governments
in the use of public funds to achieve measurable ecological
outcomes in the course of:
(A) Complying with mitigation or regulatory requirements;
(B) Advancing the missions of the state agencies and the
interests of the local governments;
(C) Administering grant programs;
(D) Administering landowner incentive programs; and
(E) Engaging in voluntary ecosystem services markets.
(2) The Oregon Watershed Enhancement Board shall provide staff
support to the Governor's office for purposes related to the
provisions of this section.
(3) The Governor's office shall transmit the work group's
report to the interim legislative committees related to the
environment and natural resources or other appropriate
legislative committees on or before January 1, 2015. + }
SECTION 2. { + Section 1 of this 2013 Act is repealed on
January 2, 2015. + }
{ +
ECOSYSTEM SERVICES IN LAND USE, MANAGEMENT + }
{ +
AND INFRASTRUCTURE DECISIONS + }
SECTION 3. ORS 197.010 is amended to read:
197.010. The Legislative Assembly declares that:
(1) In order to ensure the highest possible level of livability
in Oregon, it is necessary to provide for properly prepared and
coordinated comprehensive plans for cities and counties, regional
areas and the state as a whole. These comprehensive plans:
(a) Must be adopted by the appropriate governing body at the
local and state levels;
(b) Are expressions of public policy in the form of policy
statements, generalized maps and standards and guidelines;
(c) Shall be the basis for more specific rules and land use
regulations which implement the policies expressed through the
comprehensive plans;
(d) Shall be prepared to assure that all public actions are
consistent and coordinated with the policies expressed through
the comprehensive plans; and
(e) Shall be regularly reviewed and, if necessary, amended to
keep them consistent with the changing needs and desires of the
public they are designed to serve.
(2)(a) The overarching principles guiding the land use program
in the State of Oregon are to:
(A) Provide a healthy environment;
(B) Sustain a prosperous economy;
(C) Ensure a desirable quality of life; and
(D) Equitably allocate the benefits and burdens of land use
planning.
(b) Additionally, the land use program should, but is not
required to { - , - } { + :
(A) + } Help communities achieve sustainable development
patterns
{ - and - } { + ;
(B) + } Manage the effects of climate change { - . - } { + ;
(C) Maintain and enhance ecosystem services, as defined in ORS
468.581, for present and future generations; and
(D) Consider the use of natural infrastructure in place of
engineered solutions. + }
(c) The overarching principles in paragraph (a) of this
subsection and the purposes in paragraph (b) of this subsection
provide guidance to:
(A) The Legislative Assembly when enacting a law regulating
land use.
(B) A public body, as defined in ORS 174.109, when the public
body:
(i) Adopts or interprets goals, comprehensive plans and land
use regulations implementing the plans, or administrative rules
implementing a provision of ORS chapter 195, 196, 197, 215 or
227; or
(ii) Interprets a law governing land use.
(d) Use of the overarching principles in paragraph (a) of this
subsection and the purposes in paragraph (b) of this subsection
is not a legal requirement for the Legislative Assembly or other
public body and is not judicially enforceable.
(3) The equitable balance between state and local government
interests can best be achieved by resolution of conflicts using
alternative dispute resolution techniques such as mediation,
collaborative planning and arbitration. Such dispute resolution
techniques are particularly suitable for conflicts arising over
periodic review, comprehensive plan and land use regulations,
amendments, enforcement issues and local interpretation of state
land use policy.
{ +
GOVERNOR'S OFFICE + }
SECTION 4. { + (1) Before June 30, 2015, the Governor's
office, with assistance from the Oregon Watershed Enhancement
Board, shall:
(a) Review relevant local, state, regional and federal
conservation plans and laws that could impact ecosystem services
as defined in ORS 468.581 and develop a process for these plans
and laws to be spatially aligned and coordinated, with a focus on
potential cost savings and efficiencies in the implementation of
the conservation plans and laws.
(b) Propose statewide goals and measurable objectives that
support the maintenance, enhancement and restoration of ecosystem
services as described in ORS 468.583 to the interim legislative
committees related to the environment and natural resources or
other appropriate legislative committees on or before June 30,
2015.
(2)(a) The work required by this section shall be informed and
guided by the efforts of the work group convened under section 1
of this 2013 Act.
(b) The Governor's office and the board shall provide periodic
reports on the progress of the work required by this section to
the work group convened under section 1 of this 2013 Act. + }
SECTION 5. { + Section 4 of this 2013 Act is repealed on
January 2, 2016. + }
{ +
STATE AGENCIES AND LOCAL GOVERNMENTS + }
SECTION 6. { + Sections 7 and 8 of this 2013 Act are added to
and made a part of ORS 468.581 to 468.587. + }
SECTION 7. { + (1)(a) State agencies and local governments are
encouraged, to the extent practicable, to compare costs and
consider natural infrastructure as part of or as an alternative
to:
(A) Traditionally engineered means of mitigating or addressing
the environmental impacts of new development or redevelopment;
(B) Traditional approaches to public habitat or ecosystem
investments; and
(C) Traditional approaches to attaining the objectives of
public infrastructure development or redevelopment.
(b) The Oregon Watershed Enhancement Board shall coordinate
with state agencies, local governments and the private sector to
develop technical assistance tools that support and facilitate
the objectives in subsection (1)(a) of this section.
(2) State agencies may participate in public-private
partnerships to develop, test and implement ecosystem services
approaches and methodologies. + }
SECTION 8. { + In implementing conservation, restoration and
regulatory compliance programs, state agencies and local
governments are encouraged, to the greatest extent practicable,
to undertake projects and programs that:
(1) Provide incentives to private landowners for implementation
of conservation measures on their property;
(2) Are more cost effective than current approaches;
(3) Ensure long-term environmental stewardship;
(4) Address multiple conservation values, especially resilience
to challenges related to climate change, carbon sequestration,
water quantity and quality and biodiversity;
(5) Emphasize the protection of high-quality, functioning
ecosystems first, and then focus on the restoration of ecosystems
where such restoration efforts are most likely to be successful;
and
(6) Are consistent with any state conservation plans. + }
{ +
CAPTIONS + }
SECTION 9. { + The unit captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
{ +
EMERGENCY CLAUSE + }
SECTION 10. { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
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