State of the Environment post 2005 Legislative Session

Contact: Jessica Hamilton, 503-753-6523

State of the Environment post 2005 Legislative Session

Oregon has a reputation for leading our nation’s efforts to protect the environment. Our state built that reputation in the 1970s and 1980s with strong, bipartisan environmental legislation that protected our beaches, promoted recycling, and helped Oregon to plan for the future of our communities.

But since the 1990s, actions by Oregon’s legislature have eroded that reputation by rolling back the laws which protect our clean water, clean air, and the healthy environment we call home.

This year, Oregon’s conservation community brought 5 pro-active environmental proposals to the state legislature. In addition, we asked the legislature to pass no law that weakens Oregon’s environmental safeguards, and to protect Oregon’s land use planning system following the passage of Measure 37. For the first time, we went into the session with a clear consensus on the environmental community’s highest priorities, and the Oregon Conservation Network’s “Common Agenda” gave legislators a broad blueprint for conservation action in 2005.

We saw progress on the common environmental priorities that were brought to the legislature, and far fewer bills were passed that weaken the laws protecting our clean water and clean air than in previous sessions.

The Senate deserves credit for stopping anti-environmental legislation, especially during the early part of the session. While we were pleased with the new Senate leadership for their efforts to defeat anti-environmental legislation early on, we were disappointed by their performance at the end of the session. In addition, we were frustrated that they were not able to move Oregon forward again by advancing all of our priority bills out of the Senate. The concessions the Senate leadership made on environmental issues in the final budget negotiations were especially troubling. The fact that the House majority was willing to expend so much political capital blocking a few modest environmental initiatives, as opposed to advancing a positive agenda of their own, speaks volumes about the dynamics of this legislative session.

The House majority, unfortunately, seems to view most significant environmental legislation as politically dangerous and a threat to Oregon’s economy. Their views are out-of-step with most Oregonians. Even though a majority of Oregonians understand that a healthy environment is the key to a healthy economy, House leaders continue to argue that the environment and the economy are in conflict. In the long term, their views harm our state’s economic recovery and the future of our communities and children.

The Governor did very well in providing leadership on some important issues, but we are extremely displeased with his support of Senate Bill 1037 – a bill which would significantly undermine safeguards which protect our farmland from out-of-control sprawl. Though we had hoped he would take an active role in supporting all of the conservation community’s environmental priorities this session, we do appreciate his actions on behalf of several key proposals. We were pleased that the Governor included funding for Conservation Investments and the Pesticide Use Reporting System in his budgets, and we appreciate his strong endorsement for the concept of marine reserves, and support of programs to increase the production of biofuels in Oregon

We particularly commend the Governor's leadership on the issue of Clean Cars and cutting global warming pollution here in Oregon. This issue turned into a significant environmental rollback when auto lobbyists and the House of Representatives tried to limit the Governor's authority to limit air pollution from vehicles. The Governor showed strong leadership by promising to veto that measure after Senate leadership agreed to allow it in the final budget deal.

Biodiesel Solutions for Oregon's Farmers and Children

For more information contact: Matt Blevins
Oregon Environmental Council - 503-819-9375 cell - mattb@oeconline.org

In an effort to jump start the biofuels industry in Oregon, a diverse group of advocates, led by OEC, brought forth a package of bills for consideration. This package looked at incentives to encourage production of biofuels while also growing the demand for these fuels through the adoption of a minimum level of ethanol and biodiesel to be sold across the state. The package aimed to ensure that Oregon can be at the forefront of this new industry that is good for the economy and the environment.

While there is tremendous support on both sides of the aisle and in both chambers for the package, the bill is being held hostage by Associated Oregon Industries who are using it as a vehicle to push for a dramatic expansion of the Pollution Control Tax Credit, a totally unrelated proposal. In the waning days of the session, it is hoped that common sense will prevail and the biofuels package will be able to be adopted.

Taking Back Our Right to Know: Implementing Oregon's Pesticide Use Reporting Law

For more information contact: Matt Blevins
Oregon Environmental Council, cell:503-819-9375; email: mattb@oeconline.org

In 1999, the Oregon Legislature passed the Pesticide Use Reporting System (PURS) by an overwhelming margin. PURS established a program to track commercial and public pesticide use across Oregon, ensuring that public health was protected from the over 13 million pounds of pesticides that are used annually. Unfortunately, the program has been on hold for the last 6 years as the pesticide industry and House Leadership have fought to derail funding for the program.

After tremendously difficult negotiations, a compromise was finally reached to allow the program to move forward. While the compromise leaves rural Oregon out in the cold with limited reporting requirements, it allows the program to move forward and start to provide information to urban areas across the state that will help public health officials to protect public health.

Closing the Toxic Pollution Loophole

For more information contact: Rhett Lawrence
OSPIRG - 503-231-4181 x313 - rhettlawrence@yahoo.com

The groups behind the proposal to close the toxic loophole in Oregon’s clean water law knew we had our work cut out for us coming into the 2005 session. For starters, hardly anyone in the state – including most legislators – had any idea what a toxic mixing zone was, or had any conception that polluters would still be allowed to discharge toxic chemicals at toxic concentrations to our waterways. Still, with pre-session support from leadership in the Senate and given the public’s concern about the condition of the Willamette River, we had high hopes that we would at least be able to take a substantial step towards closing this toxic loophole.

We are disappointed that we were not able to pass our major policy initiatives, but we are pleased at least to have moved the issue forward. Our coalition had made progress toward brokering a bipartisan bill in the Senate that would have taken real steps toward addressing the problem of toxic mixing zones, but that proposal dissolved in partisan bickering in the Senate and had been promised a certain death in the House anyway. It is quite disappointing not to have had a floor vote in either chamber on either SB 555 or SB 532, both of which would have made a real difference in the cleanup of the Willamette River.

Ultimately, we believe that we have educated legislators and much of the public about the need to close this toxic loophole and hopefully we are now are the road to doing so. Whether that change comes in the next legislative session, through administrative or executive action in the interim, or through a citizen initiative, the harmful effects of toxic mixing zones on the Willamette and other waters of the state will be dealt with one way or another.

Creating Marine Nurseries to Put Fishermen Back to Work

For more information contact: Samantha Murray
Audubon Society of Portland - 503-239-7761 cell - smurray@audubonportland.org

Recognizing the importance of marine biodiversity for coastal communities and Oregonians statewide, members of the Oregon Ocean Coalition proposed SB 734, which called for the establishment of marine parks and fully protected marine reserves. Although we are disappointed that we were not able to move SB 734 through the Senate and House, we were successful in educating the public and media on the scientific value of marine reserves. In addition, we were pleased with the overwhelmingly positive response to Common Ground screenings throughout the state.

We have made significant progress toward marine conservation by working closely with the Governor’s office, legislators, and agencies to sort out jurisdictional challenges and develop a structure for implementing marine reserves in the future. But perhaps most of all, we are excited to see the Ocean Policy Advisory Council (OPAC) up and running again, after more than a two-year impasse, and are pleased to have three Oregon Ocean member groups represented on the council. As a result of our work this session, Governor Kulongoski has taken a strong position on marine reserves and given clear direction to OPAC to move forward with their 2002 recommendation to establish a limited system of marine reserves off of Oregon’s coast.

Supporting Oregon's Economy by Restoring Conservation Investments

For more information contact: Bruce Taylor
Defenders of Wildlife - 503-697-3889 - btaylor@defenders.org

Strong bipartisan majorities in both the House and Senate backed Governor Kulongoski’s call for increased long-term investments in habitat conservation and watershed health by the Oregon Watershed Enhancement Board. Defenders of Wildlife, The Nature Conservancy, and Trout Unlimited led an OCN campaign for funding to protect fish and wildlife, repair Oregon’s natural infrastructure, and create jobs in rural communities.

The final legislative agreement on the OWEB’s budget boosted the agency’s capital grants program, which funds on-the-ground conservation projects, from $24.2 million to $41.3 million in the 2005-2007 biennium, a 70 percent increase. Funding for the grants comes from lottery revenues dedicated to conservation under 1998’s Ballot Measure 66. Legislators also tapped the lottery funds and federal salmon recovery grants to provide about $4 million for technical assistance, monitoring, and evaluation related to the capital investment program, and $3.9 million to support local watershed councils.

In part, the funding increases were a result of increased lottery revenues, including the addition of line games. However, the new budget also reversed a trend toward increasing use of Measure 66 and federal funds to backfill cuts in general fund support for natural resource agency programs. Governor Kulongoski’s proposed budget sharply scaled back the backfill, and legislative budget writers largely held the line, despite intense pressures to divert the conservation funds to other purposes. Conservationists give much of the credit to Senators Alan Bates, Frank Shields, and Kurt Schrader, and Rep. Susan Morgan for holding firm on their final negotiated agreement and putting the constitutionally dedicated dollars to work on-the-ground, in our communities as intended by the voters.

Protecting Land Use Planning for Oregon's Future

For more information contact: Elon Hasson
1000 Friends of Oregon - 503-481-8622 - elon@friends.org

Measure 37 is a likely unconstitutional compensation law. 1000 Friends of Oregon recognized the sentiment of the bill and worked towards a constitutional solution that was fair to claimants and neighbors of Measure 37 claims.

The first part of that solution involved compensating claimants instead of simply waiving land use protections. Sadly, the Governor has made no effort to compensate land owners, and has instead focused on making waivers of land use laws easier.