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Agenda Packet - 2023-09-05 503.534.4225 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY AGENDA CITY COUNCIL MEETING Tuesday, September 5, 2023 5:30 p.m. Council Chamber - 3rd Floor of City Hall Contact: Kari Linder, City Recorder Email: Klinder@lakeoswego.city or CityRecorder@lakeoswego.city Phone: 503.534.4225 Also published on the internet at: www.lakeoswego.city. The meeting location is accessible to persons with disabilities. To request ADA accommodations, please submit your request online or call 503.635.0282, four business days in advance of the meeting. The meeting will be livestreamed on the City’s YouTube Channel and at www.lakeoswego.city as well as broadcast live on Tualatin Valley Community TV; check their website for details. How to testify: If you would like to provide public comment or public testimony at an upcoming City Council meeting, please refer to the City’s instructions for in person and electronic (via Zoom or by phone) participation. In order to participate online or by phone, email: CityRecorder@lakeoswego.city by Noon the day of the meeting. Pre-registration is not required to testify in person at City Hall, but is encouraged and appreciated for meeting preparation. Simply fill out the request to speak card located on the table to the left as you enter the Chamber. Thank you. 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE 4.PROCLAMATIONS 4.1 National Recovery Month. 4.2 National Hispanic Heritage Month. 5.PUBLIC COMMENT The purpose of Public Comment is to allow the community to present information or raise an issue regarding items not on the agenda or regarding agenda items that do not include a public hearing. A time limit of three minutes per individual shall apply. Public Comment will not exceed thirty minutes in total. Page 2 503.534.4225 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY 6.CONSENT AGENDA •The Consent Agenda allows the City Council to consider items that require no discussion. •An item may only be discussed if it is pulled from the Consent Agenda. •The City Council makes one motion covering all items included on the Consent Agenda. Motion: Move to adopt the Consent Agenda. 6.1 Resolution 23-38, A Resolution of the City Council of the City of Lake Oswego Authorizing the City Manager to Execute an Intergovernmental Agreement with the Clackamas County Health, Housing, and Human Services Department’s Social Services Division for Fiscal Year 2023-2024. 6.2 Approval of Meeting Minutes. August 1, 2023, Draft Regular Meeting Minutes 7.ITEMS REMOVED FROM CONSENT AGENDA 8. 8.1 8.2 COUNCIL BUSINESS Vacating the Public Interest in a 6-ft. wide Unimproved Pathway Right-of-Way Located Northwesterly of the Railroad Right-of-Way of Union Pacific Railroad from Boones Ferry Road to Bryant Road. Motion: Move to direct staff to initiate vacation proceedings pursuant to ORS 271.130 for a 6-ft wide portion of public right-of-way depicted in Attachment 1. 2023 Legislative Session Recap. 9.STUDY SESSION 9.1 Climate-Friendly and Equitable Communities Rules (Parking). 10.INFORMATION FROM COUNCIL 11. 12. REPORTS OF OFFICERS ADJOURNMENT Proclamation National Recovery Month WHEREAS, September marks National Recovery Month nationwide. In Lake Oswego, we proudly join in bringing awareness to the important systems of recovery, reducing the harmful stigma of addiction, and emphasizing the role community support plays in recovery efforts. Following 30 years of recognition, this year’s theme centers on the significance of first responders, healthcare workers, community leaders, and advocates in supporting recovery within our society. In celebrating National Recovery Month, we also solemnly recognize the continued suffering that comes at the lack of investment Oregon has historically made in addiction recovery, while also recognizing the challenging and often long road many of neighbors in recovery and their loved ones have walked. Recovery requires an immense amount of individual courage and emotional fortitude. There are proven pathways to success that rely on an important combination of compassionate care, medical science, and community support. No one recovers alone. Recovery often requires unwavering love and empathy of family, friends, co-workers, and neighbors. Nationwide, 16.5% of the population suffers from substance abuse disorder. Of those, 64% suffer from alcohol use disorder and 36% suffer from drug use disorder. In Oregon, six people die daily from alcohol alone. While deaths from acute drug use are notably on the rise, excessive alcohol use leads to thousands of deaths each year. This is the third leading cause of preventable deaths in the state and is estimated to cost Oregonians billions annually. Alcohol is responsible for more emergency room visits than any other substance, representing 42% of all drug-related visits. As a community, let us recognize addiction for the serious medical condition it is, and through our support, eradicate its stigma as a self-imposed moral shortcoming. We share the renewed joy for life with those who are in recovery from addiction and acknowledge the unique life-long, daily attention recovery requires. We thank the medical practitioners and scientists in our city who work within the recovery community and the many others in our workplaces and neighborhoods who are a part of the recovery journey. We express heartfelt gratitude for those leaders in our daily lives who share their personal recovery story and work to support a path to new life in others. NOW, THEREFORE, be is resolved that we, the Lake Oswego City Council, proclaim September 2023 as National Recovery Month in Lake Oswego. We invite all residents to join us in learning more about addiction, advocating for increased resources, spreading awareness, and stepping forward to compassionately support loved ones who may be suffering. Together, we can promote recovery and the immense benefit it brings to the health of our entire community. __________________________ Joseph M. Buck, Mayor September 5, 2023 4.1 Proclamation Hispanic Heritage Month WHEREAS, this year’s Hispanic Heritage Month theme is, “Latinos: Driving Prosperity, Power, and Progress in America”. Hispanic Americans have made significant contributions to the economic, political, and social growth of the Hispanic community in Lake Oswego, but also in the United States. The exchange of history and culture continues to strengthen our community and our City government as we embrace the medley of the many cultures represented by our community members; and The City of Lake Oswego honors the changing demographics in Oregon and celebrates our Hispanic and Latino community members as our third largest racial population in our city. May we continue to focus our energy on the recognition of our Hispanic community to empower our neighbors to leadership positions within all levels of government, business community, and overall social fabric; and NOW, THEREFORE, BE IT RESOLVED, that we, the Lake Oswego City Council, declare September 15, 2023 – October 15, 2023 as Hispanic Heritage Month and call on all in Lake Oswego to join neighbors in celebrating by participating in activities and programs honoring our Hispanic community members. This month, and all months, may we appreciate the many contributions of the Hispanic members of our community, past and present, and continue ensuring we best honor those contributions by uplifting their voices. __________________________ Joseph M. Buck, Mayor September 5, 2023 4.2 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Subject: Resolution 23-38, Accepting the 2023-2024 Intergovernmental Subrecipient Grant Agreement with Clackamas County Social Services Division. Meeting Date: September 5, 2023 Report Date: August 22, 2023 Staff Member: Maria Bigelow, Manager Department: Parks & Rec – Adult Community Center Action Required Advisory Board/Commission Recommendation ☐Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded ☒Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction ☒Consent Agenda Staff Recommendation: Adopt Resolution 23-38, Authorizing the City Manager to sign the 2023-2024 intergovernmental subrecipient grant agreement with Clackamas County Social Services Division, to allow for reimbursement to the City for services provided. Recommended Language for Motion: Move to adopt Resolution 23-38. Project / Issue Relates To: Funding Lake Oswego Adult Community Center social services Issue before Council (Highlight Policy Question): ☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable 6.1 Page 2 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY BACKGROUND The 2023-24 grant agreement with Clackamas County Social Services describes the scope of services, compensation, manner of performance, general conditions and various service agreements for services delivered by the Lake Oswego Adult Community Center. The County’s grant funds are from the Older Americans Act. Services include information and reassurance, case management, transportation and nutrition. This is a cost reimbursement grant and disbursements will be made in accordance with the requirements contained in the agreement on page 20 of 46, Budget and Units of Services and page 22 of 46, Reporting Requirements. DISCUSSION This 2023-24 agreement provides a grant budget at $132,170 for the cost of services through June 30, 2024. Resolution 23-38 authorizes the City Manager to sign the agreement for FY 2023-24 intergovernmental subrecipient grant agreement with Clackamas County, for $132,170, for ongoing delivery of services for FY 2023-24, and thereby allowing the Lake Oswego Adult Community Center to submit documentation for reimbursement of those additional funds for social services. FISCAL IMPACT The FY 2023-24 maximum, not to exceed, grant amount that Clackamas County will pay is $132,170, which would allow for reimbursement to the City for costs for service. RECOMMENDATION Adopt Resolution 23-38. ATTACHMENTS 1. Resolution 23-38, with Exhibit A Clackamas County Subrecipient Grant Agreement Resolution 23-38 Page 1 of 2 RESOLUTION 23-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE CLACKAMAS COUNTY HEALTH, HOUSING, AND HUMAN SERVICES DEPARTMENT'S SOCIAL SERVICES DIVISION FOR FISCAL YEAR 2023-2024. WHEREAS, there is a need to provide social services to the residents of Lake Oswego; and WHEREAS, Clackamas County has the funding available to provide social services to the community in Lake Oswego through the Older Americans Act; and WHEREAS, the City and Clackamas County have previously entered into intergovernmental agreements whereby the City has provided social services; NOW THEREFORE, BE IT RESOLVED, that: by the City Council of the City of Lake Oswego that the City Manager is authorized to execute on behalf of the City of Lake Oswego an intergovernmental agreement with Clackamas County Health, Housing and Human Services, Social Services Division for fiscal year 2023/2024, substantially in the form attached as Exhibit A. This resolution shall be effective upon its adoption by the City Council. Approved and adopted by the City Council of the City of Lake Oswego at a regular meeting held on the 5th day of September 2023. // // // // [Signatures on Next Page] ATTACHMENT 1 Resolution 23-38 Page 2 of 2 Considered and enacted at the regular meeting of the City Council of the City of Lake Oswego on the 5th day of September, 2023. AYES: NOES: EXCUSED: ABSTAIN: ___________________________________ Joseph M. Buck, Mayor ATTEST: ___________________________________ Kari Linder, City Recorder APPROVED AS TO FORM: ________________________________ Ellen Osoinach, City Attorney CLACKAMAS COUNTY, OREGON SUBRECIPIENT GRANT AGREEMENT 24-006 Project Name: Older Americans Act Project Number: multiple This Agreement is between Clackamas County, Oregon, acting by and through its Health Housing & Human Services Department, Social Services Division – Area Agency on Aging, (“COUNTY”), and City of Lake Oswego (“SUBRECIPIENT”), acting by and through its Lake Oswego Adult Community Center, a Municipal Corporation. Clackamas County Data Grant Accountant: Kara Taylor Program Manager: Tonia Hunt Clackamas County – Finance Clackamas County – Social Services Division 2051 Kaen Road 2051 Kaen Road Oregon City, OR 97045 Oregon City, OR 97045 (503)742-5430 503-655-8330 KTaylor@clackamas.us THunt@clackamas.us Subrecipient Data Finance/Fiscal Representative: Program Representative: Maria Bigelow, Center Manager Same PO Box 369, 505 G Avenue Lake Oswego, OR 97034 503-635-0215 mbigelow@ci.oswego.or.us UEI: YJJFCP3HM9L6 RECITALS 1. Clackamas County’s fastest growing population segment is adults aged 60 years and older. The goal of Aging and Disability Services within Clackamas County Social Services is to provide services, supports, and information that allow older adults (and in some cases depending on program guidelines, younger persons with disabilities) to live independently in the community of their choosing. 2. SUBRECIPIENT has provided nutrition, transportation, wellness, recreation and information support to Lake Oswego’s older adult community since 1970. SUBRECIPIENT was identified as the exclusive qualified provider for older adult services in the Lake Oswego area through a 2023 Request for Qualifications process. 3. This project is a cooperative effort by SUBRECIPIENT and COUNTY in providing the Area Agency on Aging's designated services of nutrition services, outreach, assessment, information and assistance, case management, reassurance, transportation, and health promotion for Clackamas County residents aged 60 and older. EXHIBIT A City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 2 of 46 NOW THEREFORE, according to the terms of this Subrecipient Grant Agreement (this “Agreement”) the COUNTY and SUBRECIPIENT agree as follows: AGREEMENT 1. Term and Effective Date. This Agreement shall become effective on the date it is fully executed and will terminate on June 30, 2027, unless sooner terminated or extended pursuant to the terms hereof. Eligible expenses for this Agreement may be charged during the period beginning July 1, 2023 and expiring June 30, 2027, subject to additional restrictions set forth below and to the exhibits attached hereto, and unless this Agreement is sooner terminated or extended pursuant to the terms hereof. No grant funds are available for expenditures after the expiration date of this Agreement. 2. Program. The Program is described in the attached Exhibit A: Subrecipient Statement of Program Objectives & Performance Reporting. SUBRECIPIENT agrees to carry out the Program in accordance with the terms and conditions of this Agreement and according to SUBRECIPIENT scope of work in Exhibit A. 3. Standards of Performance. SUBRECIPIENT shall perform all activities and programs in accordance with the requirements set forth in this Agreement and all applicable laws and regulations. Furthermore, SUBRECIPIENT shall perform all activities and programs in accordance with the requirements of the Older Americans Act, 42 U.S.C. § 3001 et. seq., and 45 CFR 1321 (collectively “OAA”) that are the source of the grant funding and other required information in Exhibits A- I, which are attached to and made a part of this Agreement by this reference. SUBRECIPIENT shall further comply with any and all terms, conditions, and other obligations as may be required by the applicable local, State or Federal agencies providing funding for performance under this Agreement, whether or not specifically referenced herein. SUBRECIPIENT agrees to take all necessary steps, and execute and deliver any and all necessary written instruments, to perform under this Agreement including, but not limited to, executing all additional documentation necessary to comply with applicable State and Federal funding requirements. 4. Grant Funds. COUNTY’s funding for this Agreement is a combination of Federal, State and Local dollars as specified below by title and Assistance Listing Number (“ALN”) number as appropriate. The maximum, not to exceed, grant amount COUNTY will pay for one year is $132,170. Payments will be made on a reimbursement basis in accordance with the rates set forth in Exhibit B, and the award is conditional upon compliance with the terms herein and disbursements will be made in accordance with the schedule and requirements contained in Exhibit D: Reimbursement Request. Failure to comply with the terms of this Agreement may result in withholding of payment. 4.1. Grant Funds: COUNTY’s funding of $116,150 in grant funds for this Agreement is the Older Americans Act (ALN: 93.043, 93.044, 93.052, 93.053) issued to COUNTY by the State of Oregon, Department of Human Services (“ODHS”), Adults and People with Disabilities (“APD”), Community Services & Solutions Unit (“CSSU”). 4.2. Grant Funds: COUNTY’s funding of $16,020 for transportation services outlined in this agreement are from Elderly and Disabled Transportation funds issued to COUNTY by Ride Connection, Inc. and TriMet; 5. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented, or amended, in any manner whatsoever, except by written instrument signed by both parties. SUBRECIPIENT must submit a written request including a justification for any amendment to COUNTY in writing at least forty five (45) calendar days before this Agreement expires. No payment will be made for any services performed before the beginning date or after the expiration date of this Agreement. If the maximum compensation amount is increased by amendment, the amendment must be fully executed before SUBRECIPIENT performs work subject to the amendment. 6. Termination. This Agreement may be suspended or terminated prior to the expiration of its term or City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 3 of 46 with 30 days’ notice from either party by: a. At COUNTY’s discretion, upon thirty (30) days’ advance written notice to SUBRECIPIENT; b. Written notice provided by COUNTY resulting from material failure by SUBRECIPIENT to comply with any term of this Agreement, or; c. Mutual agreement by COUNTY and SUBRECIPIENT. d. Written notice provided by COUNTY that ODHS has determined funds are no longer available for this purpose; or e. Written notice provided by COUNTY that it lacks sufficient funds, as determined by COUNTY in its sole discretion, to continue to perform under this Agreement. Upon completion of improvements or upon termination of this Agreement, any unexpended balances shall remain with COUNTY. 7. Effect of Termination. The expiration or termination of this Agreement, for any reason, shall not release SUBRECIPIENT from any obligation or liability to COUNTY, or any requirement or obligation that: a. Has already accrued hereunder; b. Comes into effect due to the expiration or termination of the Agreement; or c. Otherwise survives the expiration or termination of this Agreement. Following the termination of this Agreement, SUBRECIPIENT shall promptly identify all unexpended funds and return all unexpended funds to COUNTY. Unexpended funds are those funds received by SUBRECIPIENT under this Agreement that (i) have not been spent or expended in accordance with the terms of this Agreement; and (ii) are not required to pay allowable costs or expenses that will become due and payable as a result of the termination of this Agreement. 8. Funds Available and Authorized. COUNTY certifies that it has received an award sufficient to fund this Agreement. SUBRECIPIENT understands and agrees that payment of amounts under this Agreement is contingent on COUNTY receiving appropriations or other expenditure authority sufficient to allow COUNTY, in the exercise of its sole administrative discretion, to continue to make payments under this Agreement. 9. Future Support. COUNTY makes no commitment of future support and assumes no obligation for future support for the activity contracted herein except as set forth in Section 8. 10. Federal and State Procurement Standards a) All procurement transactions, whether negotiated or competitively bid and without regard to dollar value, shall be conducted in a manner so as to provide maximum open and free competition. All sole-source procurements must receive prior written approval from COUNTY in addition to any other approvals required by law applicable to SUBRECIPIENT. Justification for sole-source procurement should include a description of the project and what is being contracted for, an explanation of why it is necessary to contract noncompetitively, time constraints and any other pertinent information. Interagency agreements between units of government are excluded from this provision. b) COUNTY’s performance under the Agreement is conditioned upon SUBRECIPIENT’s compliance with, and SUBRECIPIENT shall comply with, the obligations applicable to public contracts under the Oregon Public Contracting Code and applicable Local Contract Review Board rules, which are incorporated by reference herein. c) SUBRECIPIENT must maintain written standards of conduct covering conflicts of interest and governing the performance of its employees engaged in the selection, award and administration of contracts. If SUBRECIPIENT has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, SUBRECIPIENT must also maintain written standards of City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 4 of 46 conduct covering organizational conflicts of interest. SUBRECIPIENT shall be alert to organizational conflicts of interest or non-competitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. Contractors that develop or draft specifications, requirements, statements of work, and/or Requests for Proposals (“RFP”) for a proposed procurement must be excluded by SUBRECIPIENT from bidding or submitting a proposal to compete for the award of such procurement. Any request for exemption must be submitted in writing to COUNTY. d) Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms. SUBRECIPIENT shall take all necessary affirmative steps to assure that small & minority businesses, women’s business enterprises, and labor surplus area firms are used when possible when contracting for services or soliciting for potential resources, per 2 CFR 200.321. 11. General Agreement Provisions. a) Non-appropriation Clause. If payment for activities and programs under this Agreement extends into COUNTY’s next fiscal year, COUNTY’s obligation to pay for such work is subject to approval of future appropriations to fund the Agreement by the Board of County Commissioners. b) Indemnification. SUBRECIPIENT agrees to indemnify, defend, and hold COUNTY, and its elected officials, officers, employees, and agents, harmless with respect to any claim, cause, damage, action, penalty or other cost (including attorney’s and expert fees) arising from or related to (1) SUBRECIPIENT’s negligent or willful acts or those of its employees, agents, or those under SUBRECIPIENT’s control; or (2) SUBRECIPIENT’s acts or omissions in performing under this Agreement including, but not limited to, any claim by State or Federal funding sources that SUBRECIPIENT used funds for an ineligible purpose. SUBRECIPIENT is responsible for the actions of its own agents and employees, and COUNTY assumes no liability or responsibility with respect to SUBRECIPIENT’s actions, employees, agents or otherwise with respect to those under its control. SUBRECIPIENT agrees to indemnify, defend, and hold the State of Oregon and its officers, employees and agents, harmless with respect to any claim, cause, damage, action, penalty or other cost (including attorney’s and expert fees) arising from or related to (1) SUBRECIPIENT’s negligent or willful acts or those of its employees, agents, or those under SUBRECIPIENT’s control; or (2) SUBRECIPIENT’s acts or omissions in performing under this Agreement including, but not limited to, any claim SUBRECIPIENT used funds for an ineligible purpose. Ride Connection/Tri-Met funds: To the fullest extent permitted by law, SUBRECIPIENT agrees to fully indemnify, hold harmless and defend Ride Connection, Inc. ("Ride Connection") its directors, officers, employees and agents, Tri Met, its officers employees and agents, and the State of Oregon, its officers, employees and agents, from and against all claims, suits, actions of whatsoever nature, damages or losses, and all expenses and costs incidental to the investigation and defense thereof including reasonable attorney's fees resulting from or arising out of the activities of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and volunteers under this Agreement. Non-Medical rides for Medicaid clients funds: SUBRECIPIENT shall defend, save, hold harmless, and indemnify the State of Oregon, Human Services Division and their officers, agents, and employees from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of, or relating to the activities of SUBRECIPIENT or its officers, employees, subcontractors, or agents, in performance of this Agreement. City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 5 of 46 c) Assignment. This Agreement may not be assigned in whole or in part without the prior express written approval of COUNTY. d) Independent Status. SUBRECIPIENT is independent of COUNTY and will be responsible for any federal, state, or local taxes and fees applicable to payments hereunder. SUBRECIPIENT is not an agent of COUNTY and undertakes this work independent from the control and direction of COUNTY excepting as set forth herein. SUBRECIPIENT shall not seek or have the power to bind COUNTY in any transaction or activity. e) Notices. Any notice provided for under this Agreement shall be effective if in writing and (1) delivered personally to the addressee or deposited in the United States mail, postage paid, certified mail, return receipt requested, (2) sent by overnight or commercial air courier (such as Federal Express), (3) sent by electronic mail with confirming record of delivery confirmation through electronic mail return-receipt, or by confirmation that the electronic mail was accessed, downloaded, or printed. Notice will be deemed to have been adequately given three days following the date of mailing, or immediately if personally served. For service by facsimile or by electronic mail, service will be deemed effective at the beginning of the next working day. f) Governing Law. This Agreement is made in the State of Oregon, and shall be governed by and construed in accordance with the laws of that state without giving effect to the conflict of law provisions thereof. Any litigation between COUNTY and SUBRECIPIENT arising under this Agreement or out of work performed under this Agreement shall occur, if in the state courts, in the Clackamas County court having jurisdiction thereof, and if in the federal courts, in the United States District Court for the State of Oregon. g) Severability. If any provision of this Agreement is found to be illegal or unenforceable, this Agreement nevertheless shall remain in full force and effect and the provision shall be stricken. h) Counterparts. This Agreement may be executed in any number of counterparts, all of which together will constitute one and the same Agreement. Facsimile copy or electronic signatures shall be valid as original signatures. i) Third Party Beneficiaries. Except as expressly provided in this Agreement, there are no third party beneficiaries to this Agreement. The terms and conditions of this Agreement may only be enforced by the parties. j) Binding Effect. This Agreement shall be binding on all parties hereto, their heirs, administrators, executors, successors and assigns. k) Integration. This Agreement contains the entire Agreement between COUNTY and SUBRECIPIENT and supersedes all prior written or oral discussions or Agreements. l) No Attorney Fees. In the event any arbitration, action or proceeding, including any bankruptcy proceeding, is instituted to enforce any term of this Agreement, each party shall be responsible for its own attorneys' fees and expenses. m) Debt Limitation. This Agreement is expressly subject to the limitations of the Oregon Constitution and Oregon Tort Claims Act and is contingent upon appropriation of funds. Any provisions herein that conflict with the above referenced laws are deemed inoperative to that extent. 12. Exhibits and Attachments. This document is comprised of the following exhibits and attachments: • Exhibits A-1 & A-2: SUBRECIPIENT Scope(s) of Work & Performance Reporting • Exhibit B: SUBRECIPIENT Program Budget City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 6 of 46 • Exhibit C: Lobbying Certificate • Exhibit D: Required Reporting and Payment Request • Exhibit E: General Administrative and Federal Terms and Conditions • Exhibit F: SUBRECIPIENT Insurance Requirements • Exhibit G: Final Financial Report • Exhibit H-1 to H-5: 2 CFR 200.332(a) Required Information • Exhibit I: Business Associate Agreement • Exhibit J: Provider Application Recertification In the event of a conflict between the terms of any exhibits to this Agreement, interpretations shall be based on the following order of precedence: • This Agreement • Exhibit I • Exhibit E • Exhibit C • Exhibit F • Exhibits A-1 & A-2 • Exhibit D • Exhibit B • Exhibits H-1 to H-5 • Exhibit J • Exhibit G (Signature Page Follows) City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 7 of 46 SIGNATURE PAGE TO SUBRECIPIENT GRANT AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. CLACKAMAS COUNTY City of Lake Oswego By: ____________________________ By: _______________________________ Its: ____________________________ Its: _______________________________ Dated: __________________________ Dated: ____________________________ Approved to Form By: ____________________________ County Counsel Dated: __________________________ City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 8 of 46 EXHIBIT A-1 SUBRECIPIENT SCOPE OF WORK AND PERFORMANCE REPORTING PROGRAM NAME: Older Americans Act AGREEMENT No. 24-006 SUBRECIPIENT: City of Lake Oswego – Lake Oswego Adult Community Center 1. PURPOSE OF THE SERVICES The purpose of this Agreement is the cooperation of both parties in providing the Area Agency on Aging's designated services of nutrition services, outreach, assessment, information and assistance, case management, reassurance, transportation, health promotion and legal consultation for Clackamas County residents aged 60 and older (“Work”). The goal in providing these services is to assist older residents in meeting their individual needs by linking them with County resources. 2. DESCRIPTION OF SERVICES SUBRECIPIENT will provide the following Work: a. Case Management: Is an in-depth interview with a client to provide access to an array of service options to assure appropriate levels of service and to maximize coordination in the service delivery system. Case management must include four general components: access, assessment, service implementation, and monitoring: i. Access & Assessments: (1) Informing clients of available services and, where appropriate, developing a goal- oriented service plan. (2) Utilize an approved County-wide standardized assessment/intake form. (3) Assessment is re-done with a change in client life situation/condition - every six to twelve months. (4) May be billed upon submission of assessment/intake form. (5) Double billing for Case Management Assessments and Home Delivered Meal Assessments is not allowed. ii. Service Implementation & Monitoring: (1) Provide early identification of current or potential problem areas. (2) Assess the need for changes/improvements in service. (3) Identify any gaps/unmet needs. (4) Review intervention results to determine if what was done achieved the desired result. (5) Determine if services should be discontinued. (6) Case monitoring services are available to frail but mobile elderly as well as homebound individuals. b. Reassurance: Regular friendly telephone calls and/or visits to physically, geographically or socially isolated registered clients that are receiving services to determine if they are safe and well, if they require assistance, and to provide reassurance. A unit is one contact. c. Information & Assistance: Consists of request for assistance locating resources to meet a specific need, or assistance prioritizing and locating resources to meet multiple needs. Inquiries require: City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 9 of 46 i. Informal assessment of the client's needs. ii. Evaluation of appropriate resources. iii. Assistance linking the client to the resources. iv. Completion of an intake form to document background information on the client, the client's needs and what actions or referrals were made. v. Follow up with the client or agency to see if the needs were met. vi. Documenting any unmet needs including recording the request, resources tried and the reason unable to help. d. Public Outreach/Education: Is a service or activity to provide information to groups of current or potential clients and/or aging network partners and other community partners regarding available services for the elderly. e. Transportation: Is the service that provides one-way rides for older persons and younger persons with disabilities. The goal is to ensure that transportation needs are met for those who are unable to meet their transportation needs independently. OAA-funded rides are scheduled for persons who are aged 60 and older for trips to medical appointments, clinics, personal business and to senior center activities. Ride Connection and COUNTY STIF- funded rides are scheduled for individuals aged 60 and older and for persons with disabilities age 18 and over for medical appointments, personal business, shopping, nutrition and recreation activities. i. Lake Oswego Adult Community Center Transportation Consortium Goals: (1) Increase replacement reserve fund with separate accounting. (2) Ensure all drivers meet Ride Connection training and eligibility requirements as defined in the Operations Manual for Transportation Coordinators. (3) Continue regular publicity/marketing efforts regarding transportation program. (4) Continue to explore ways to increase ridership, including contact with long term care facilities in the area. (5) Attend all scheduled Transportation Consortium meetings. ii. Guidelines for Non-Medical Transportation for Waivered Medicaid Clients (1) This funding source is available for Medicaid clients who are receiving “waivered” services. Medicaid clients with a case manager who reside in all types of living situations except nursing facilities are waivered Medicaid clients. All rides must be authorized in writing on a NON MEDICAL RIDE REFERRAL FORM FOR WAIVERED MEDICAID CLIENT form by an Aging and Disability Services case manager before reimbursement may be requested for them. SUBRECIPIENT must keep the client ride authorizations on file – faxed forms are adequate. Case Managers will authorize rides yearly, at a minimum and will note the need for non-medical transportation in the client’s signed case plan. COUNTY will coordinate completion and distribution of forms for SUBRECIPIENT and case managers through the Transportation Reaching People (“TRP”) program. (2) Services shall be billed by SUBRECIPIENT according to the following rate scale: One-person, one-way ride: $17.00 per ride (3) Clients receiving the rides will not be asked or expected to contribute to the cost of the ride. (4) Trips will be tracked daily by client and type of ride. This information will be sent monthly to COUNTY and be available for State and Federal representatives for audit purposes. City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 10 of 46 (5) Medical rides are not allowed under this funding. iii. SUBRECIPIENT will be responsible for: (1) recruitment of volunteer and/or paid drivers who will qualify for insurance coverage or who are willing to provide proof of coverage as drivers and maintaining an adequate number of qualified volunteer and/or paid drivers to provide services. (2) orientation of drivers to the transportation program and informing them of other specialized training opportunities required to maintain safety of operations. (3) submission of criminal record check requests on all potential drivers and receiving satisfactory reports back prior to scheduling them to transport any client. (4) drug and alcohol testing on all potential paid drivers prior to hiring them is recommended for all drivers of Center-owned mini vans and buses, including volunteers. f. Food Service: Is the production of meals for the congregate and home delivered meal recipients of SUBRECIPIENT. Each meal must contain at least one-third of the Recommended Dietary Allowance (“RDA”) as established by the Food and Nutrition Board, National Research Council - National Academy of Science. A unit is one meal prepared and served, delivered, or a home delivered meal (“HDM”) “late-cancel.” g. Meal Site Management: Meal Site Management includes such tasks as: supervising final on-site preparation and serving/delivery of meals to eligible congregate and home-delivered participants; recruiting, training, scheduling and monitoring program volunteers; determining eligibility of participants; collecting and accounting for participant donations; completing and submitting required budget and program reports, providing events and activities for meal site participants; meeting with meal site Advisory Committee; and publicizing meal site in the local community to enhance visibility and encourage participation. One unit is one meal served. h. OAA HDM Assessment: a means of determining a homebound older person’s eligibility for home-delivered meals per the Oregon Nutrition Service Program standards. i. Evidence-based Health & Wellness Program – The provision of Evidence-based Health & Wellness Programs that either focus on strength, balance, and flexibility exercise to promote physical activity and/or prevent falls or focus on disease self-management/stress management. Any program under this service must be demonstrated to be evidence-based and effective with older populations. j. Caregiver Respite – Services that offer temporary, substitute supports or living arrangements for care recipients in order to provide a brief period of relief or rest for unpaid caregivers served under the Family Caregiver Support Program. To be eligible for caregiver respite, the care recipient must either: (1) be unable to perform at least two activities of daily living (ADL’s) without substantial human assistance, including verbal reminding, physical cueing OR (2) due to a cognitive or other mental impairment, require substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or another individual. 3. SERVICE OBJECTIVES a. Case Management Objective: To provide contracted units of service throughout the contract period for County residents aged 60 and older who are identified as needing assistance from County agencies. Elements: City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 11 of 46 i. SUBRECIPIENT Client Services Coordinator (“CSC”) assesses clients within two weeks following their request for services or referral from another source (outreach effort, gatekeeper, neighbor, family member, etc.). ii. SUBRECIPIENT CSC completes assessment on a COUNTY-approved assessment/intake form. iii. SUBRECIPIENT CSC writes case plan, as appropriate, for the client from the information gathered on the assessment form. iv. SUBRECIPIENT CSC re-assesses clients’ service needs/eligibility every six months or when their condition or life situation dramatically changes. v. SUBRECIPIENT CSC reviews client case plans quarterly, at a minimum, and provides follow up contact by phone or home visits. vi. SUBRECIPIENT CSC (upon request from client, other agency or family member) provides additional follow up to coordinate services. vii. SUBRECIPIENT CSC consults with SPD Case Manager (if client has one) to maximize coordination of services. Consultations will be annotated on Case Monitoring forms within 2 work days. viii. SUBRECIPIENT CSC documents all reviews and additional follow ups on case monitoring contact forms which are kept in client record file. ix. SUBRECIPIENT CSC keeps all client information in a secured area, accessible to only authorized personnel. b. Reassurance Objective: To provide contracted units of service throughout the contract period for County residents aged 60 and older who are registered clients and identified as needing assistance from County agencies. Elements: i. SUBRECIPIENT CSC assesses clients and provides follow up contact by phone to ensure that services outlined under case plan are meeting clients need. ii. SUBRECIPIENT CSC documents all reviews and additional follow ups on case monitoring contact forms which are kept in client record file. iii. SUBRECIPIENT CSC keeps all client information in a secured area, accessible to only authorized personnel. c. Information and Assistance - COUNTY Responsibilities Objective: To provide participating SUBRECIPIENT with training, technical assistance, resource development, networking and information sharing. Elements: i. COUNTY will provide orientation on COUNTY’s Information & Referral program to SUBRECIPIENT Information & Assistance staff. ii. COUNTY will notify SUBRECIPIENT's I & A Specialist of "Networking" I & R Breakfast Meetings and schedule speakers to meet interests expressed by SUBRECIPIENT. d. Information and Assistance - SUBRECIPIENT Responsibilities Objective 1: Have a system in place which enables SUBRECIPIENT to provide referral services to link people with needs to the appropriate resources. Elements: i. SUBRECIPIENT will designate a single individual (paid or volunteer) who is at least 0.5 FTE with SUBRECIPIENT as an I & A Specialist. City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 12 of 46 ii. SUBRECIPIENT will notify COUNTY I & A Coordinator and Contract Specialist within 30 days of any change in SUBRECIPIENT’s designated I & A Specialist and will schedule an on-site training with COUNTY I & A Coordinator for the new designee within 60 days of appointment. iii. SUBRECIPIENT's I & A Specialist will attend a minimum of 3 bi-Monthly County “Networking” I&R meetings each year and attend Scheduled CSC meetings. iv. SUBRECIPIENT's I & A Specialist will update center information for the COUNTY’s Community Resources Guide, initiate notification to COUNTY’s I&R program regarding any changes to SUBRECIPIENT programs and notify COUNTY’s ’s I&R program of any significant changes in local community resources. Objective 2: To provide contracted units of service throughout the contract period for County residents aged 60 and older who need help identifying resources to meet their individual needs. Elements: i. SUBRECIPIENT Director or CSC annotates name, Medicaid status, address, phone number, date of request, and nature of request/need. ii. SUBRECIPIENT makes referral and follows up with client within a 2-day work period. iii. SUBRECIPIENT annotates follow up taken and number of referrals needed on Referral Log. iv. SUBRECIPIENT keeps completed Referral Logs in a secured area, accessible to only authorized personnel. e. Public Outreach/Education Objective: To provide information to groups of current or potential clients and community partners about available services for Lake Oswego area residents aged 60 and older. Elements: i. SUBRECIPIENT schedules and makes presentations to local groups throughout the contract year. ii. SUBRECIPIENT keeps a record of information given to groups such as: (1) outline of presentation (2) copies of flyers, brochures, etc. distributed (3) names and number of people in group presented to f. Transportation Objective: To provide contracted units of service throughout the contract period for County residents aged 60 and older, and to younger persons with disabilities who are unable to meet their transportation needs. Elements: i. SUBRECIPIENT designates one person to be coordinator for the transportation program. This person will be responsible for: (1) Recruiting drivers. (2) Submitting criminal background checks. (3) Ensuring all drivers meet Ride Connection training requirements. (4) Scheduling road tests for all drivers. (5) Conducting periodic/seasonal driver safety training. (6) Providing a copy of written procedures for transportation services to each driver. (7) Scheduling vehicle maintenance. (8) Maintain daily Pre- and Post- trip Reports. City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 13 of 46 ii. SUBRECIPIENT provides transportation as scheduled each day. iii. SUBRECIPIENT maintains system to document each trip of each day. g. Food Service Objective 1: To produce contracted number of second entrée option for congregate dinners throughout the contract period. Elements: a. SUBRECIPIENT submits each month's menu to COUNTY’s contracted Registered Dietitian (“RD”) by the first day of the preceding month unlike a like item is being substituted. “Like for Like” replacements of food items do not require RD approval. Menus must meet the following standards: i. Each meal must contain at least 1/3 of the Dietary Reference Intakes (DRI) as established by the Food and Nutrition Board, National Research Council - National Academy of Science, for Male 70+ or Female 70+, whichever is greater. (Milk is part of Site Management.) Nutrition providers are strongly encouraged to use computerized nutrient analysis to assure meals are in compliance with nutritional requirements. ii. The cycle for the cycle menu system must be at least nine weeks long. iii. A Registered Dietitian (RD) must review and sign the menus to certify that they meet the one-third recommended daily intake. They should also incorporate the whole grains, fruits, vegetables and low-fat dairy products that meet the current Dietary Guidelines for Americans; specifically persons 70 years of age and older. iv. Menus should reflect the tastes and appetites of the current elderly population. v. Menus should incorporate a variety of foods and preparation methods with contrasts in color, texture, sizes, shapes, and flavors. Food items should not be repeated two days in a row, or on same day of consecutive weeks. Menus should reflect seasonal availability of fresh fruits and vegetables. vi. All items must be specifically identified in the menu. Listing such things as "Fruit in Season", "Vegetable" or "Cookie" does not provide enough information. Each menu item should be easily identified by its name. vii. A special meal should be planned for major holidays, such as Thanksgiving and Christmas. These meal dates will be coordinated with meal site staff. A special food and/or meal planned for lesser holidays, such as Valentine's Day and Mother's Day would also be encouraged. viii. Menus should be served as written and approved. If changes are necessary, they must be of comparable nutrient value. Each change is to be recorded on the working and/or file copy of the menu and initialed and dated by a supervisor. Updated menu must be posted for meal participant’s information. Objective 2: To provide Special Diet Meals to meet participants' needs. Menus shall be planned and meals available for the modified diets listed below: Elements: i. Uncalculated Diabetic. Eliminates items high in sugar by substituting products or recipes that use artificial sweeteners. The carbohydrate content of the meal should represent approximately 50% of the total calories. ii. Moderate Sodium Restricted. Eliminates menu items or foods that are naturally high in sodium (not to exceed 1.2 grams per meal). iii. Low Cholesterol. Eliminates menu items or foods that are naturally high in cholesterol City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 14 of 46 and/or fat (not to exceed 100 mg per meal). Objective 3: To use standardized recipes and portion control. Elements: i. Recipes used by SUBRECIPIENT should be adapted to the requirements of a Title III Senior Nutrition meal. ii. Recipes should be standardized for the kitchen, equipment, ingredients, and skills of personnel using them. iii. Recipes should be adjusted for yield based on portion size and the number of people being served that particular meal. iv. Food service employees must understand and be able to use standardized recipes and produce standard portions. Objective 4: To procure food from sources that comply with all federal, state and local laws that relate to food production, manufacturing, packaging and labeling. Donated food that meets the above standards may be used. Objective 5: To comply with all federal, state and local laws and regulations pertaining to sanitation requirements and practices in food production, storage, transportation, and service. Elements: i. A sanitation inspection by a Registered Sanitarian from the State Health Division or local health department is required every six months. ii. A copy of each inspection report is to be mailed to County within five working days of receipt, along with a written plan (including timelines) of any required corrective action. iii. Subrecipient must establish and use sanitary procedures for packaging and transporting food from kitchen for home delivered meals. This will include procedures for maintaining proper temperatures and cleaning and sanitizing all transport equipment. iv. Food temperatures shall be taken and recorded as the food is panned to leave the production area for transport. Records of these temperature checks shall be maintained in the Subrecipient’s files. v. Oregon Nutrition Program Standards and Oregon Administrative Rules, Chapter 333, Food Sanitation Rules must be followed. Objective 6: To employ qualified, trained personnel to assure satisfactory performance. Elements: i. SUBRECIPIENT must have at least one employee in the kitchen who has completed a community college-level food service sanitation course. ii. SUBRECIPIENT must have a new employee orientation. iii. SUBRECIPIENT must have a training plan that includes training for employees and supervisory staff. iv. SUBRECIPIENT must ensure all staff and volunteers successfully pass a criminal background check. h. Meal Site Management Objective 1: To supervise preparation of meals, serving meals to congregate participants, and delivery of meals to home delivered clients. City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 15 of 46 Elements: i. Procurement of milk is part of meal site management. ii. Packaging of home delivered meals is part of site management. Objective 2: To organize and supervise the recruiting, training, scheduling and monitoring of program volunteers. Objective 3: To determine eligibility of congregate participants and target services to individuals who are in the greatest economic or social need, with particular attention to low-income minority individuals. Elements: i. Economic need is defined as income equal to, or less than, the poverty level as determined by the Department of Commerce. ii. Persons with social need are those persons who have at least two of the following characteristics: (1) be 75 years or older (2) live alone (3) have a physical or mental impairment which prevents proper functioning within society (4) be of a minority group (5) have no significant other(s) Objective 4: To offer a range of events and activities to enhance daily living efforts of older people or to provide opportunity for their participation in community life. Elements: i. SUBRECIPIENT plans educational presentations in areas such as nutrition, health, safety, utilization of community services and programs, and other topics of interest to participants. ii. SUBRECIPIENT provides opportunities to promote personal growth and self-image. iii. SUBRECIPIENT provides opportunities for a variety of types and levels of involvement. (1) Small and large group activities. (2) Active and spectator participation. (3) Participation with the general community and other generations. iv. SUBRECIPIENT plans activities which are flexible and responsive to change in: (1) Individual participant needs and interests. (2) Characteristics of the service area's older population. (3) Other programs in the relevant service area. Objective 5: To inform the community about the meal site program. Elements: i. SUBRECIPIENT publicizes programs in local newspapers, flyers, brochures, posters, fraternal organizational meetings, etc. ii. SUBRECIPIENT ensures Center is identified by an easily visible sign at its entrance. iii. SUBRECIPIENT posts monthly menus in an obvious position in the Center and delivers them to home-bound clients each month. City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 16 of 46 iv. SUBRECIPIENT mails or delivers calendar of upcoming Center activities to current and potential participants. Objective 6: To plan for provision of services in cooperation with site Advisory Committee and Area Agency on Aging (“AAA”) Adult Center Liaison Committee. Elements: i. SUBRECIPIENT identifies needs and concerns specific to the Center and service area participants. ii. SUBRECIPIENT incorporates information from other service providers, community agencies, and governmental organizations in providing services. iii. SUBRECIPIENT conducts program participant satisfaction survey at least once per year. iv. SUBRECIPIENT food service manager meets quarterly with COUNTY nutrition consultant to go over status of meal program files, plans, goals, accountings, etc. Objective 7: To collect, account for and report program income (participant donations). Elements: i. SUBRECIPIENT provides each participant (congregate and home delivered) with an opportunity to voluntarily contribute to the cost of the service. ii. SUBRECIPIENT sets up container for donations at meal site which ensures and protects the privacy of the participants. iii. SUBRECIPIENT has system set up at site to collect full meal price from persons not eligible for services. iv. SUBRECIPIENT posts: (1) full cost of the meal, and (2) a notice describing the donation and payment policies. v. SUBRECIPIENT may post suggested donation information if it is clear that: (1) every donation from an eligible participant is on a "pay what you can afford" basis, and (2) no means test is used in the collection of contributions or provision of the meal. i. OAA HDM Assessment Objective: Elements: Determine eligibility of homebound older adults and target services to individuals who are in the greatest economic or social need, with particular attention to low-income minority individuals. i. Conduct an in-person assessment of homebound older adult’s nutritional needs. ii. Evaluates the recipient’s strengths and limitations with regards to meeting their nutritional needs and activities of daily living. iii. Review other means of realistically obtaining consistent and adequate meals such as shopping assistance, assistance from friends/family, attending congregate meals should be explored. j. Evidence-based Health & Wellness Program Objective: To provide contracted units of service throughout the contract period. City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 17 of 46 Elements: i. SUBRECIPIENT regularly schedules classes that meet the evidenced-based requirements and either include a focus on strength, balance, and flexibility to promote physical activity and/or prevent falls or on disease self-management/stress management. ii. SUBRECIPIENT registers participants for activities, obtaining a waiver to injury for each participant if necessary. iii. SUBRECIPIENT has physical condition of clients assessed before setting up plan for workouts with equipment. j. Caregiver Respite – Objective: To provide contracted units of service for family members of eligible under the Family Caregiver Support Program. Elements: i. Agency respite program coordinator (RPC) interviews care providers to determine appropriateness of clients to program. ii. Agency RPC registers clients in program. iii. Agency staff, led by an RN, provide weekly activity program for respite clients. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 18 of 46 EXHIBIT A-2 Transportation Provider Standards A. Vehicle Standards 1. SUBRECIPIENT shall maintain its vehicles to provide comfortable and safe rides to clients. SUBRECIPIENT’s vehicles shall meet the following requirements: a. The interior of the vehicle shall be clean; b. SUBRECIPIENT shall not smoke or permit smoking in the vehicle; c. SUBRECIPIENT shall maintain appropriate safety equipment in the vehicle, including but not limited to: i. First Aid Kit; ii. Fire Extinguisher; iii. Roadside reflective or warning devices; iv. Flashlight; v. Chains or other traction devices (when appropriate); and, vi. Disposable gloves. d. SUBRECIPIENT shall maintain the vehicle in good operating condition, by providing the following: i. Seatbelts; ii. Side and rear view mirrors; iii. Horn; and, iv. Working turn signals, headlights, taillights, and windshield wipers. 2. SUBRECIPIENT shall maintain a preventative maintenance schedule, which incorporates, at a minimum, all maintenance recommended by the vehicle manufacturer. SUBRECIPIENT shall comply with appropriate local, state, and federal transportation safety standards regarding passenger safety and comfort. SUBRECIPIENT shall provide all equipment necessary to transport Clients using wheelchairs. B. Drivers 1. SUBRECIPIENT shall inform drivers of their job duties and responsibilities and provide training related to their job duties. SUBRECIPIENT shall also: a. Brief drivers about the Non-Medical Transportation Services, reporting forms, vehicle operation, and the geographic area in which drivers will be providing service; b. Ensure that drivers are capable of safely operating vehicles; c. Require drivers to complete the National Safety Council Defensive Driving course, or an equivalent course, within six months of date of hire; d. Require drivers to complete Red Cross approved First Aid, Cardiopulmonary Resuscitation and blood spill procedures within six months of date of hire prior to providing Medicaid Non-medical transportation services to Clients; e. Require drivers to complete passenger assistance training, as required by the Americans with Disabilities Act; and, f. Establish procedures for drivers to deal with situations in which emergency care is needed for Clients that they have been assigned to transport. 2. SUBRECIPIENT’s selection of its drivers shall include: a. Verification that the driver has an appropriate and valid, unrestricted State of Oregon driver's license as defined in ORS Chapter 807 and OAR Chapter 735, Division 062; and, b. Verification that the driver has not been convicted of any crimes against people or any drug or alcohol related offenses. If a Provider desires an exception to this requirement, such exception shall be made only with the approval of COUNTY and shall be dependent City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 19 of 46 upon when the crime occurred, nature of the offense, and other circumstances to assure Clients is not placed at risk of harm from the driver. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 20 of 46 EXHIBIT B SUBRECIPIENT Program Budget PROGRAM NAME: Older Americans Act AGREEMENT No. 24-006 SUBRECIPIENT: City of Lake Oswego - Lake Oswego Adult Community Center City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 21 of 46 EXHIBIT C – LOBBYING CERTIFICATE Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid by or on the behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, contribution, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Please do not alter this form; any questions regarding the form should be directed to EFSP staff. City of Lake Oswego _________________________________________________ Representative Name _____________________________________________________________________________________ Representative Signature Date (month/day/year) City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 22 of 46 EXHIBIT D REQUIRED REPORTING AND PAYMENT REQUEST 1. INVOICES SUBRECIPIENT shall submit invoices in a format designated or approved by COUNTY. Invoices are due by the 10th calendar day of the subsequent month. COUNTY shall make payment to SUBRECIPIENT within 21 days of receipt of each invoice submitted. Invoices and reports on units of service provided shall bear SUBRECIPIENT's name and address and be signed by an authorized representative of SUBRECIPIENT. The authorized signer of the invoice shall verify that the services billed have been performed. SUBRECIPIENT shall submit the following invoices and reports: a. Financial summary including match and program income. b. Vehicle Maintenance Invoices for vehicle maintenance will be entered into Ride Connection database as outline in Exhibit A-1 Section 3 and noted on monthly transportation reports submitted to COUNTY. c. Additional financial reports for the administration of this contract, as required by COUNTY. Withholding of Contract Payments: Notwithstanding any other payment provision of this agreement, should SUBRECIPIENT fail to submit reports when due, or submit reports which appear patently inaccurate or inadequate on their face, or fail to perform or document the performance of contracted services, COUNTY shall immediately withhold payments hereunder. Such withholding of payment for cause may continue until SUBRECIPIENT submits required reports, performs required services, or establishes to COUNTY's satisfaction that such failure arose out of causes beyond the control, and without the fault or negligence of SUBRECIPIENT. SUBRECIPIENT shall return to COUNTY all funds which were expended in violation of this contract. 2. PROGRAM ACTIVITY REPORTS SUBRECIPIENT shall submit monthly program activity reports presenting data comparing actual levels of service to the planned levels specified in Exhibit 6 Budget & Units of Service. These reports are due with the invoices. The format of these reports shall be designated or approved by COUNTY, and contain the following: a. SUBRECIPIENT shall submit nutrition reports monthly. These reports shall have: i. the over and under aged 60 meal program participation numbers broken out by: Congregate, HDM, Medicaid, volunteers, guests and staff. ii. the amount of participant donations by Congregate and HDM. b. SUBRECIPIENT may bill Food Services for OAA funded HDM if they have been ordered by recipients then cancelled after 2:00 PM the day before delivery. SUBRECIPIENT may not bill for Meal Site Management for these meals. c. Monthly NAPIS/GetCare information for client registration and program service data including client identifiers for all new clients. Programs service data must be equal to or greater than units of service billed. d. Master Transportation Report form. e. List of Medicaid waivered services clients who were provided non-medical transportation during the billing period, with number of rides provided for each client by ride type. City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 23 of 46 f. SUBRECIPIENT shall submit copies of the SPD Medicaid Home Delivered Meals vouchers on current State approved form. 3. AUDIT/MONITORING SUBRECIPIENT shall permit authorized representatives of COUNTY and other applicable audit agencies of the state or federal government, to review the records of SUBRECIPIENT in order to satisfy program audit and evaluation purposes deemed necessary by COUNTY and permitted under law. SUBRECIPIENT agrees to participate with COUNTY in any evaluation project or performance report, as designated by COUNTY or applicable state or federal SUBRECIPIENT, and to make available all information required by any such evaluation process. COUNTY agrees to notify SUBRECIPIENT in writing of intent to conduct onsite evaluation of reported performance management data and SUBRECIPIENT agrees to provide COUNTY access to its facility and staff, all related programs and fiscal documents, SUBRECIPIENT’S reports and any other related documentation to substantiate performance management data reports. 4. ADMINISTRATION COUNTY Project Manager shall be the ADS Contract Specialist or any other person as shall be designated in writing by the Director of the Social Services Division. The Project Manager is authorized to approve invoices, make site inspections, and be COUNTY representative in matters related to this contract. SUBRECIPIENT shall designate one or more representatives in writing who shall be authorized to sign the invoices and accompanying activity reports. City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 24 of 46 EXHIBIT E General Administrative and Federal Terms & Conditions 1. Federal Funds a) This Agreement is funded in part by federal funds. By signing this Agreement, SUBRECIPIENT certifies neither it nor its employees, contractors, subcontractors, or subrecipients who will perform the Program activities described herein are currently employed by an agency or department of the federal government. b) COUNTY has determined: ☒ Entity is a subrecipient ☐ Entity is a contractor ☐ Not applicable c) Assistance Listing Number(s) of federal funds paid through this Agreement: 93.044; 93.045; 93.053; 93.043; 20.513, 93.778. 2. Administrative Requirements. SUBRECIPIENT agrees to its status as a subrecipient, and accepts among its duties and responsibilities the following: a) Financial Management. SUBRECIPIENT shall comply with 2 CFR Part 200, Subpart D—Post Federal Award Requirements, and agrees to adhere to the accounting principles and procedures required therein, use adequate internal controls, and maintain necessary sources documentation for all costs incurred. b) Revenue Accounting. Grant revenue and expenses generated under this Agreement should be recorded in compliance with generally accepted accounting principles and/or governmental accounting standards. This requires that the revenues are treated as unearned income or “deferred” until the compliance requirements and objectives of the grant have been met. Revenue may be recognized throughout the life cycle of the grant as the funds are “earned.” All grant revenues not fully earned and expended in compliance with the requirements and objectives at the end of the period of performance must be returned to COUNTY within 15 days. c) Change in Key Personnel. SUBRECIPIENT is required to notify COUNTY, in writing, whenever there is a change in SUBRECIPIENT key administrative or programmatic personnel and the reason for the change. Key personnel include but are not limited to: Executive Director, Finance Director, Program Manager, Bookkeeper, or any equivalent to these positions within the organization. d) Cost Principles. SUBRECIPIENT shall administer the award in conformity with 2 CFR 200, Subpart E. These cost principles must be applied for all costs incurred whether charged on a direct or indirect basis. Costs disallowed by the Federal government shall be the liability of the SUBRECIPIENT. e) Period of Availability. SUBRECIPIENT may charge to the award only allowable costs resulting from obligations incurred during the funding period. f) Match. SUBRECIPIENT is required to provide match in the amounts specified in Exhibit B: Budget. g) Budget. SUBRECIPIENT use of funds may not exceed the amounts specified in the Exhibit B: Subrecipient Program Budget. At no time may budget modification change the scope of the original grant application or Agreement. h) Indirect Cost Recovery. Indirect cost recovery is statutorily unavailable for this award. City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 25 of 46 i) Payment. SUBRECIPIENT must submit a final request for payment no later than fifteen (15) days after the end date of this Agreement. Routine requests for reimbursement should be submitted as specified in Exhibit D: Reimbursement Request. j) Performance Reporting. SUBRECIPIENT shall comply with reporting requirements as specified in Exhibit A. k) Financial Reporting. Methods and procedures for payment shall minimize the time elapsing between the transfer of funds and disbursement by the grantee or SUBRECIPIENT, in accordance with Treasurer regulations at 31 CFR Part 205. Therefore, upon execution of this Agreement, SUBRECIPIENT will submit completed Exhibit D: Reimbursement Request on a monthly basis. l) Closeout. COUNTY will closeout this award when COUNTY determines that all applicable administrative actions and all required work have been completed by SUBRECIPIENT, pursuant to 2 CFR 200.344—Closeout. SUBRECIPIENT must liquidate all obligations incurred under this award and must submit all financial, performance, and other reports as required by the terms and conditions of the Federal award and/or COUNTY, no later than 90 calendar days after the end date of this Agreement. m) Unique Entity Identifier and Contractor Status. SUBRECIPIENT shall register and maintain an active registration in the Central Contractor Registration database using its Unique Entity Identifier (“UEI”), located at http://www.sam.gov. n) Suspension and Debarment. SUBRECIPIENT shall comply with 2 CFR Part 180. These rules restrict subawards and contracts with certain parties that are debarred, suspended or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. SUBRECIPIENT is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. SUBRECIPIENT may access the Excluded Parties List System at http://www.sam.gov. The Excluded Parties List System contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Orders 12549 and 12689. Awards that exceed the simplified acquisition threshold shall provide the required certification regarding their exclusion status and that of their principals prior to award. o) Lobbying. SUBRECIPIENT certifies (Exhibit C: Lobbying) that no portion of the Federal grant funds will be used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law and shall abide by 2 CFR 200.450 and the Byrd Anti-Lobbying Amendment 31 U.S.C. 1352. In addition, the SUBRECIPIENT certifies that it is a nonprofit organization described in Section 501(c) (3) of the Code, but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. p) Audit. SUBRECIPIENT shall comply with the audit requirements prescribed in the Single Audit Act Amendments and the new Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, located in 2 CFR 200.501. SUBRECIPIENT expenditures of $750,000 or more in Federal funds require an annual Single Audit. SUBRECIPIENT is required to hire an independent auditor qualified to perform a Single Audit. Subrecipients of Federal awards are required under the Uniform Guidance to submit their audits to the Federal Audit Clearinghouse (“FAC”) within 9 months from SUBRECIPIENT’s fiscal year end or 30 days after issuance of the reports, whichever is sooner. The website for submissions to the FAC is https://harvester.census.gov/facweb/. At the time of submission to the FAC, SUBRECIPIENT will also submit a copy of the audit to COUNTY. If requested and if SUBRECIPIENT does not meet the threshold for the Single Audit requirement, SUBRECIPIENT shall submit to COUNTY a financial audit or independent review of financial statements within 9 months from SUBRECIPIENT’s fiscal year end or 30 days after issuance of the reports, whichever is sooner. City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 26 of 46 q) Monitoring. SUBRECIPIENT agrees to allow COUNTY access to conduct site visits and inspections of financial records for the purpose of monitoring in accordance with 2 CFR 200.332. COUNTY, the Federal government, and their duly authorized representatives shall have access to such financial records and other books, documents, papers, plans, records of shipments and payments and writings of SUBRECIPIENT that are pertinent to this Agreement, whether in paper, electronic or other form, to perform examinations and audits and make excerpts and transcripts. Monitoring may be performed onsite or offsite, at COUNTY’s discretion. Depending on the outcomes of the financial monitoring processes, this Agreement shall either a) continue pursuant to the original terms, b) continue pursuant to the original terms and any additional conditions or remediation deemed appropriate by COUNTY, or c) be de-obligated and terminated. r) Record Retention. SUBRECIPIENT will retain and keep accessible all such financial records, books, documents, papers, plans, records of shipments and payments and writings for a minimum of six (6) years from the end of program date, or such longer period as may be required by the Federal agency or applicable state law, following final payment and termination of this Agreement, or until the conclusion of any audit, controversy or litigation arising out of or related to this Agreement, whichever date is later, according to 2 CFR 200.334-338. s) Certification of Compliance with Grant Documents. SUBRECIPIENT acknowledges that it has read the award conditions and certifications for [Federal program name], that it understands and accepts those conditions and certifications, and that it agrees to comply with all the obligations, and be bound by any limitations applicable to the Clackamas County, as COUNTY, under those grant documents. t) Failure to Comply. SUBRECIPIENT acknowledges and agrees that this Agreement and the terms and conditions therein are essential terms in allowing the relationship between COUNTY and SUBRECIPIENT to continue, and that failure to comply with such terms and conditions represents a material breach of the original grant and this Agreement. Such material breach shall give rise to COUNTY’s right, but not obligation, to withhold SUBRECIPIENT grant funds until compliance is met, reclaim grant funds in the case of omissions or misrepresentations in financial or programmatic reporting, require repayment of any funds used by SUBRECIPIENT in violation of this Agreement, to terminate this Agreement, and to pursue any right or remedy available to COUNTY at law, in equity, or under this Agreement. u) HIPAA Compliance. SUBRECIPIENT shall comply with the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”), which include the Standards for the Privacy of Individually Identifiable Health Information (the “Privacy Rule”), the Standards for Electronic Transactions, and the Security Rule (45 C.F.R. Parts 160–64), and the Privacy provisions (Subtitle D) of the Health Information Technology for Economic and Clinical Health Act and its implementing regulations (the “HITECH Act”) (collectively, and as amended from time to time, the “HIPAA Rules”), together with the regulations governing disclosure of substance use disorder information under 42 C.F.R. Part 2. SUBRECIPIENT shall further execute the Business Associate Agreement [or Qualified Service Organization Business Associate Agreement] attached hereto as Exhibit L and incorporated by this reference herein. 3. Compliance with Applicable Laws a) Public Policy. SUBRECIPIENT expressly agrees to comply with all public policy requirements, laws, regulations, and executive orders issued by the Federal government, to the extent they are applicable to the Agreement: (i) Titles VI and VII of the Civil Rights Act of 1964, as amended; (ii) Sections 503 and 504 of the Rehabilitation Act of 1973, as amended; (iii) the Americans with Disabilities Act of 1990, as amended; (iv) Executive Order 11246, “Equal Employment Opportunity” as amended; (v) the Health Insurance Portability and Accountability Act of 1996; (vi) the Age Discrimination in Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended; (vii) the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended; (viii) all regulations and administrative rules established pursuant to the foregoing laws; City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 27 of 46 and (ix) all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations; and 2 CFR Part 200 as applicable to SUBRECIPIENT. b) Rights to Inventions Made Under a Contract or Agreement. SUBRECIPIENT agrees that contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any further implementing regulations issued by the U.S. Treasury Department. c) Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). SUBRECIPIENT agrees that if this Agreement is in excess of $150,000, the recipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, 42 U.S.C. 7401 et seq., and the Federal Water Pollution Control Act, as amended 33 U.S.C. 1251 et seq. Violations shall be reported to the awarding Federal Department and the appropriate Regional Office of the Environmental Protection Agency. d) State Statutes. SUBRECIPIENT expressly agrees to comply with all statutory requirements, laws, rules, and regulations issued by the State of Oregon, to the extent they are applicable to this Agreement. e) Conflict Resolution. If potential, actual or perceived conflicts are discovered among federal, state and local statutes, regulations, administrative rules, executive orders, ordinances or other laws applicable to the Services under the Agreement, SUBRECIPIENT may in writing request COUNTY to resolve the conflict. SUBRECIPIENT shall specify if the conflict(s) create a problem for the design or other Services required under the Agreement. COUNTY shall undertake reasonable efforts to resolve the issue but is not required to deliver any specific answer or product. SUBRECIPIENT shall remain obligated to independently comply with all applicable laws and no action by COUNTY shall be deemed a guarantee, waiver, or indemnity for non- compliance with any law. f) Disclosure of Information. Any confidential or personally identifiable information (2 CFR 200.1) acquired by SUBRECIPIENT during the execution of the project should not be disclosed during or upon termination or expiration of this Agreement for any reason or purpose without the prior written consent of COUNTY. SUBRECIPIENT further agrees to take reasonable measures to safeguard such information (including those set forth in 2 CFR 200.303(e)) and to follow all applicable federal, state and local regulations regarding privacy and obligations of confidentiality. g) Mileage reimbursement. If mileage reimbursement is authorized in SUBRECIPIENT budget or by the written approval of COUNTY, mileage must be paid at the rate established by SUBRECIPIENT’s written policies covering all organizational mileage reimbursement or at the IRS mileage rate at the time of travel, whichever is lowest. h) Human Trafficking. In accordance with 2 CFR Part 175, SUBRECIPIENT, its employees, contractors and subrecipients under this Agreement and their respective employees may not: • Engage in severe forms of trafficking in persons during the period of the time the award is in effect; • Procure a commercial sex act during the period of time the award is in effect; or • Used forced labor in the performance of the Agreement or subaward under this Agreement. SUBRECIPIENT must inform COUNTY immediately of any information SUBRECIPIENT receives from any source alleging a violation of any of the above prohibitions in the terms of this Agreement. COUNTY may terminate this Agreement, without penalty, for violation of these provisions. COUNTY’s right to terminate this Agreement unilaterally, without penalty, is in addition to all other remedies under this Agreement. SUBRECIPIENT must include these requirements in any subaward made to public or private entities under this Agreement. City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 28 of 46 EXHIBIT F SUBRECIPIENT INSURANCE REQUIREMENTS During the term of this Agreement, SUBRECIPIENT shall maintain in force, at its own expense, each insurance noted below: 1) Workers' Compensation. Insurance in compliance with ORS 656.017, which requires all employers that employ subject workers, as defined in ORS 656.027, to provide workers' compensation coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). If contractor is a subject employer, as defined in ORS 656.023, contractor shall obtain employers' liability insurance coverage limits of not less than $1,000,000. 2) Commercial General Liability. ☒ Required by COUNTY ☐ NOT Required by COUNTY SUBRECIPIENT shall obtain, at SUBRECIPIENT’s expense, and keep in effect during the term of this Agreement, Commercial General Liability Insurance covering bodily injury and property damage on an “occurrence” form in the amount of not less than $4,000,000 per occurrence/ $4,000,000 general aggregate for the protection of COUNTY, its officers, elected officials, and employees. This coverage shall include Contractual Liability insurance for the indemnity provided under this Agreement. This policy(s) shall be primary insurance as respects to the COUNTY. Any insurance or self-insurance maintained by COUNTY shall be excess and shall not contribute to it. 3) Commercial Automobile Liability. ☒ Required by COUNTY ☐ NOT Required by COUNTY Automobile Liability Insurance covering SUBRECIPIENT’s business use including coverage for all owned, non-owned, or hired vehicles with a combined single limit of not less than $4,000,000.00 for bodily injury and property damage. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for Commercial General Liability and Automobile Liability). Use of personal automobile liability insurance coverage may be acceptable if evidence that the policy includes a business use endorsement is provided to COUNTY. 4) Professional Liability. ☐ Required by COUNTY ☒ NOT Required by COUNTY SUBRECIPIENT shall obtain and furnish COUNTY evidence of Professional Liability Insurance in the amount of not less than $1,000,000 combined single limit per occurrence/$2,000,000 general annual aggregate for malpractice or errors and omissions coverage for the protection of COUNTY, its officers, elected officials and employees against liability for damages because of personal injury, bodily injury, death, or damage to property, including loss of use thereof, and damages because of negligent acts, errors and omissions in any way related to this Agreement. COUNTY, at its option, may require a complete copy of the above policy. 5) Abuse and Molestation Clause. ☐ Required by COUNTY ☒ NOT Required by COUNTY As part of the Commercial General Liability policy, SUBRECIPIENT shall obtain Abuse and Molestation coverage in a form and with coverage satisfactory to COUNTY covering damages arising out of actual or threatened physical abuse, mental injury, sexual molestation, negligent hiring, employment, supervision, investigation, reporting to proper authorities, and retention of any person City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 29 of 46 for whom SUBRECIPIENT is responsible including but not limited to SUBRECIPIENT and SUBRECIPIENT’s employees and volunteers. Policy endorsement’s definition of an insured shall include SUBRECIPIENT, and SUBRECIPENT’s employees and volunteer. Coverage shall be written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. Any annual aggregate limit shall not be less than $3,000,000. 6) Additional Insured Provisions. All required insurance, other than Professional Liability, Workers’ Compensation, and Personal Automobile Liability and Pollution Liability Insurance, shall include “Clackamas County, its agents, elected officials, officers, and employees” as an additional insured. (a) Required by State of Oregon for OAA funded services and non-medical rides for Medicaid clients – Insurance must provide that the State of Oregon, Department of Human Services, and its divisions, officers and employees are Additional Insured but only with respect to the transportation services funded under Agreement between the State of Oregon and Clackamas County Social Services. (b) Required for Ride Connection/Tri-Met Transportation Funding – the insurance shall: (i) include Ride Connection and Tri-Met and its directors, officers, representatives, agents, and employees as additional insured with respect to work or operations connected with providing transportation; (ii) give Ride Connection and Tri-Met not less than thirty (30) days-notice prior to termination or cancellation of coverage; and (iii) include an endorsement providing that the insurance is primary insurance and that no insurance that may be provided by Ride Connection or Tri-Met may be called in to contribute to payment for a loss. 7) Notice of Cancellation. There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 60 days written notice to COUNTY. Any failure to comply with this provision will not affect the insurance coverage provided to COUNTY. The 60 days’ notice of cancellation provision shall be physically endorsed on to the policy. 8) Insurance Carrier Rating. Coverage provided by SUBRECIPIENT must be underwritten by an insurance company deemed acceptable by COUNTY. Insurance coverage shall be provided by companies admitted to do business in Oregon or, in the alternative, rated A- or better by Best’s Insurance Rating. COUNTY reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. 9) Certificates of Insurance. As evidence of the insurance coverage required by this Agreement, SUBRECIPIENT shall furnish a Certificate of Insurance to COUNTY. The COUNTY and its, elected officials, employees and officers must be named as an additional insured on the Certificate of Insurance. No Agreement shall be in effect until the required certificates have been received, approved, and accepted by COUNTY. A renewal certificate will be sent to COUNTY 10 days prior to coverage expiration. 10) Primary Coverage Clarification. SUBRECIPIENT coverage will be primary in the event of a loss and will not seek contribution from any insurance or self-insurance maintained by, or provided to, the additional insureds listed above. 11) Cross-Liability Clause. A cross-liability clause or separation of insured’s condition will be included in all general liability, professional liability, and errors and omissions policies required by the Agreement. 12) Waiver of Subrogation. SUBRECIPIENT agrees to waive their rights of subrogation arising from the work performed under this Agreement. City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 30 of 46 Program Name: Older Americans Act Agreement #: 24-006 Federal Award #: # Date of Submission: XX/XX/XX Subrecipient: City of Lake Oswego – Lake Oswego Adult Community Center Has Subrecipient submitted all requests for reimbursement? Y/N Has Subrecipient met all programmatic closeout requirements? Y/N Exhibit G: Final Financial Report Report of Funds received, expended, and reported as match (if applicable) under this Agreement Total Federal Funds authorized on this agreement: Total Federal Funds requested for reimbursement on this agreement: Total Federal Funds received on this agreement: Total non-Federal Funds authorized on this agreement: Agreement-to-Date non-Federal Funds requested for reimbursement on this agreement: Total non-Federal Funds received on this agreement: Total match reported on this agreement (if required): Balance of unexpended Federal Funds (Line 1 minus Line 3): Balance of unexpended non-Federal Funds (Line 4 minus Line 6): By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812). Subrecipient’s Certifying Official (printed): ____________________________________ Subrecipient’s Certifying Official (signature): __________________________________ Subrecipient’s Certifying Official’s title: _______________________________________ City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 31 of 46 EXHIBIT H - 1 2 CFR 200.332(a) REQUIRED INFORMATION Federal award identification SUBRECIPIENT Name: City of Lake Oswego – Lake Oswego Adult Community Center SUBRECIPIENT Unique Entity Identifier: YJJFCP3HM9L6 Federal Award Identification Number (FAIN): Unavailable Federal award date: Unavailable Period of Performance (This Agreement): 7/1/2023 – 6/30/2027 Budget Period (This Agreement): 7/1/2023 – 6/30/2024 Total amount of all federal funds from this ALN obligated by this action: $9,750 Total amount of all federal funds obligated to SUBRECIPIENT during the current fiscal year: $116,150 Amount of federal funds from this FAIN committed to SUBRECIPIENT: [x]% Pass-through entity identifying number: NVWKAVB8JND6 Name of pass-through entity: Clackamas County Contact information for awarding official of the pass-through entity: Tonia Hunt THunt@clackamas.us Federal awarding agency: Administration for Community Living Federal award program name: Older Americans Act Is Award for Research and Development? No Assistance Listing Number (ALN) & Title: 93.044 Title III, Part B SUBRECIPIENT indirect cost rate on this Agreement: N/A City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 32 of 46 EXHIBIT H - 2 2 CFR 200.332(a) REQUIRED INFORMATION Federal award identification SUBRECIPIENT Name: City of Lake Oswego – Lake Oswego Adult Community Center SUBRECIPIENT Unique Entity Identifier: YJJFCP3HM9L6 Federal Award Identification Number (FAIN): Unavailable Federal award date: Unavailable Period of Performance (This Agreement): 7/1/2023 – 6/30/2027 Budget Period (This Agreement): 7/1/2023 – 6/30/2024 Total amount of all federal funds from this ALN obligated by this action: $116,150 Total amount of all federal funds obligated to SUBRECIPIENT during the current fiscal year: $79,800 Amount of federal funds from this FAIN committed to SUBRECIPIENT: [x]% Pass-through entity identifying number: NVWKAVB8JND6 Name of pass-through entity: Clackamas County Contact information for awarding official of the pass-through entity: Tonia Hunt THunt@clackamas.us Federal awarding agency: Administration for Community Living Federal award program name: Older Americans Act Is Award for Research and Development? No Assistance Listing Number (ALN) & Title: 93.045 Title III, Part C SUBRECIPIENT indirect cost rate on this Agreement: N/A City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 33 of 46 EXHIBIT H - 3 2 CFR 200.332(a) REQUIRED INFORMATION Federal award identification SUBRECIPIENT Name: City of Lake Oswego – Lake Oswego Adult Community Center SUBRECIPIENT Unique Entity Identifier: YJJFCP3HM9L6 Federal Award Identification Number (FAIN): Unavailable Federal award date: Unavailable Period of Performance (This Agreement): 7/1/2023 – 6/30/2027 Budget Period (This Agreement): 7/1/2023 – 6/30/2024 Total amount of all federal funds from this ALN obligated by this action: $14,000 Total amount of all federal funds obligated to SUBRECIPIENT during the current fiscal year: $116,150 Amount of federal funds from this FAIN committed to SUBRECIPIENT: [x]% Pass-through entity identifying number: NVWKAVB8JND6 Name of pass-through entity: Clackamas County Contact information for awarding official of the pass-through entity: Tonia Hunt THunt@clackamas.us Federal awarding agency: Administration for Community Living Federal award program name: Older Americans Act Is Award for Research and Development? No Assistance Listing Number (ALN) & Title: 93.053 NSIP SUBRECIPIENT indirect cost rate on this Agreement: N/A City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 34 of 46 EXHIBIT H - 4 2 CFR 200.332(a) REQUIRED INFORMATION Federal award identification SUBRECIPIENT Name: City of Lake Oswego – Lake Oswego Adult Community Center SUBRECIPIENT Unique Entity Identifier: YJJFCP3HM9L6 Federal Award Identification Number (FAIN): Unavailable Federal award date: Unavailable Period of Performance (This Agreement): 7/1/2023 – 6/30/2027 Budget Period (This Agreement): 7/1/2023 – 6/30/2024 Total amount of all federal funds from this ALN obligated by this action: $1,000 Total amount of all federal funds obligated to SUBRECIPIENT during the current fiscal year: $116,150 Amount of federal funds from this FAIN committed to SUBRECIPIENT: [x]% Pass-through entity identifying number: NVWKAVB8JND6 Name of pass-through entity: Clackamas County Contact information for awarding official of the pass-through entity: Tonia Hunt THunt@clackamas.us Federal awarding agency: Administration for Community Living Federal award program name: Older Americans Act Is Award for Research and Development? No Assistance Listing Number (ALN) & Title: 93.045 Title III, Part D SUBRECIPIENT indirect cost rate on this Agreement: N/A City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 35 of 46 EXHIBIT H - 5 2 CFR 200.332(a) REQUIRED INFORMATION Federal award identification SUBRECIPIENT Name: City of Lake Oswego – Lake Oswego Adult Community Center SUBRECIPIENT Unique Entity Identifier: YJJFCP3HM9L6 Federal Award Identification Number (FAIN): Unavailable Federal award date: Unavailable Period of Performance (This Agreement): 7/1/2023 – 6/30/2027 Budget Period (This Agreement): 7/1/2023 – 6/30/2024 Total amount of all federal funds from this ALN obligated by this action: $8,000 Total amount of all federal funds obligated to SUBRECIPIENT during the current fiscal year: $116,150 Amount of federal funds from this FAIN committed to SUBRECIPIENT: [x]% Pass-through entity identifying number: NVWKAVB8JND6 Name of pass-through entity: Clackamas County Contact information for awarding official of the pass-through entity: Tonia Hunt THunt@clackamas.us Federal awarding agency: Administration for Community Living Federal award program name: Older Americans Act Is Award for Research and Development? No Assistance Listing Number (ALN) & Title: 93.052 Title III, Part E SUBRECIPIENT indirect cost rate on this Agreement: N/A City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 36 of 46 EXHIBIT I: BUSINESS ASSOCIATE AGREEMENT This Business Associate Agreement is entered into as of 7/1/2023 (“Effective Date”) by and between Clackamas County, on behalf of its Department of Health, Housing and Human Services, Social Services Division (“Covered Entity”) and City of Lake Oswego – Lake Oswego Adult Community Center (“Business Associate”) in conformance with the Health Insurance Portability and Accountability Act of 1996, and its regulations (“HIPAA”). RECITALS Whereas, the Covered Entity has engaged the services of the Business Associate, as defined under 45 CFR §160.103, for or on behalf of the Covered Entity; Whereas, the Covered Entity may wish to disclose Individually Identifiable Health Information to the Business Associate in the performance of services for or on behalf of the Covered Entity as described in a Services Agreement (“Agreement”); Whereas, such information may be Protected Health Information (“PHI”) as defined by the HIPAA Rules promulgated in accordance with the Administrative Simplification provisions of HIPAA; Whereas, the Parties agree to establish safeguards for the protection of such information; Whereas, the Covered Entity and Business Associate desire to enter into this Business Associate Agreement to address certain requirements under the HIPAA Rules; Now, Therefore, the parties hereby agree as follows: SECTION I – DEFINITIONS 1.1 “Breach” is defined as any unauthorized acquisition, access, use or disclosure of Unsecured PHI, unless the Covered Entity demonstrates that there is a low probability that the PHI has been compromised. The definition of Breach excludes the following uses and disclosures: 1.1.1 Unintentional access by a Covered Entity or Business Associate in good faith and within an Workforce member’s course and scope of employment or placement; 1.1.2 Inadvertent one time disclosure between Covered Entity or Business Associate Work force members; and 1.1.3 The Covered Entity or Business Associate has a good faith belief that an unauthorized person to whom the disclosure was made would not reasonably have been able to retain the information. 1.2 “Covered Entity” shall have the meaning given to such term under the HIPAA Rules, including, but not limited to, 45 CFR §160.103. 1.3 “Designated Record Set” shall have the meaning given to such term under the HIPAA Rules, including, but not limited to 45 CFR §164.501. 1.4 “Effective Date” shall be the Effective Date of this Business Associate Agreement. 1.5 "Electronic Protected Health Information" or "Electronic PHI" shall have the meaning given to such term at 45 CFR §160.103, limited to information of the Covered Entity that the Business Associate creates, receives, accesses, maintains or transmits in electronic media on behalf of the Covered Entity under the terms and conditions of this Business Associate Agreement. 1.6 “Health Care Operations” shall have the meaning given to such term under the HIPAA Rules, including, but not limited to, 45 CFR §164.501. 1.7 “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules codified at 45 CFR Part 160 and Part 164. 1.8 “Individual” shall have the meaning given to such term in 45 CFR §160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR §164.502(g). 1.9 “Individually Identifiable Health Information” shall have the meaning given to such term under the HIPAA Rules, including, but not limited to 45 CFR §160.103. 1.10 “Protected Health Information” or “PHI” means any information, whether oral or recorded in any form or medium: (i) that relates to the past, present or future physical or mental condition of an Individual; the provision of health care to an Individual; or the past, present or future payment for the provision of health care to an Individual; and (ii) that identifies the Individual or with respect to which there is a reasonable basis to believe the information can be used to identify the Individual, and shall have the meaning given to such term under the HIPAA Rules, 45 CFR §160.103 and §164.501. City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 37 of 46 1.11 “Protected Information” shall mean PHI provided by the Covered Entity to Business Associate or created, maintained, transmitted or received by Business Associate on Covered Entity’s behalf. 1.12 “Required by Law” shall have the meaning given to such phrase in 45 CFR §164.103. 1.13 “Secretary” shall mean the Secretary of the Department of Health and Human Services or his or her designee. 1.14 “Security Incident” shall have the meaning given to such phrase in 45 CFR §164.304. 1.15 “Unsecured Protected Health Information” shall mean protected health information that is not rendered unusable, unreadable, or indecipherable to unauthorized individuals through the use of a technology or methodology specified by the Secretary in accordance with 45 CFR §164.402. 1.16 Workforce means employees, volunteers, trainees, and other persons whose conduct, in the performance of work for a Covered Entity or Business Associate, is under the direct control of such Covered Entity or Business Associate, whether or not they are paid by the Covered Entity or Business Associate. SECTION II – OBLIGATIONS AND ACTIVITIES OF THE BUSINESS ASSOCIATE The Business Associate agrees to the following: 2.1 Not to use or further disclose PHI other than as permitted or required by this Business Associate Agreement or as Required by Law; 2.2 To use appropriate safeguards, and comply with Subpart C of 45 CFR Part 164 with respect to Electronic PHI, to prevent use or disclosure of PHI other than as provided for by this Business Associate Agreement; 2.3 To mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of PHI by the Business Associate in violation of the requirements of this Business Associate Agreement; 2.4 To immediately report to the Covered Entity any use or disclosure of PHI not provided for by this Business Associate Agreement of which it becomes aware, including any Security Incident of which it becomes aware; 2.5 In accordance with 45 CFR §§164.502(e)(1)(ii) and 164.308(b)(2), if applicable, ensure that any agent, including a subcontractor, that creates, receives, maintains, or transmits PHI on behalf of the Business Associate agrees in writing to the same restrictions, conditions and requirements that apply to the Business Associate with respect to such PHI; 2.6 To provide access, at the request of the Covered Entity, and in the time and manner designated by the Covered Entity, to PHI in a Designated Record Set, to the Covered Entity or, as directed by the Covered Entity, to the Individual or the Individual’s designee as necessary to meet the Covered Entity’s obligations under 45 CFR §164.524; provided, however, that this Section 2.6 is applicable only to the extent the Designated Record Set is maintained by the Business Associate for the Covered Entity; 2.7 To make any amendment(s) to PHI in a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR §164.526 at the request of the Covered Entity or an Individual, and in the time and manner designated by the Covered Entity; provided, however, that this Section 2.7 is applicable only to the extent the Designated Record Set is maintained by the Business Associate for the Covered Entity; 2.8 To make internal practices, books and records, including policies and procedures on PHI, relating to the use and disclosure of PHI received from, or created or received by the Business Associate on behalf of, the Covered Entity available to the Covered Entity, or at the request of the Covered Entity to the Secretary, in a time and manner designated by the Covered Entity or the Secretary, for purposes of the Secretary’s determining the Covered Entity’s and the Business Associate’s compliance with the HIPAA Rules; 2.9 To document such disclosures of PHI and information related to such disclosures as would be required for the Covered Entity to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR §164.528; 2.10 To provide to the Covered Entity or an Individual, in a time and manner designated by the Covered Entity, information collected in accordance with Section 2.9 of this Business Associate Agreement, to permit the Covered Entity to respond to a request by an accounting of disclosures of PHI in accordance with 45 CFR §164.528; 2.11 That if it creates, receives, maintains, or transmits any Electronic PHI on behalf of the Covered Entity, it will implement administrative, physical, and technical safeguards that reasonably and City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 38 of 46 appropriately protect the confidentiality, integrity, and availability of the Electronic PHI, and it will ensure that any agents (including subcontractors) to whom it provides such Electronic PHI agrees to implement reasonable and appropriate security measures to protect the information. The Business Associate will report to the Covered Entity any Security Incident of which it becomes aware; 2.12 To retain records related to the PHI hereunder for a period of six (6) years unless the Business Associate Agreement is terminated prior thereto. In the event of termination of this Business Associate Agreement, the provisions of Section V of this Business Associate Agreement shall govern record retention, return or destruction; 2.13 To promptly notify the Covered Entity of a Breach of Unsecured PHI as soon as practicable, but in no case later than 10 calendar days, after the discovery of such Breach in accordance with 45 CFR §164.410. A Breach shall be treated as discovered as of the first day on which such Breach is known, or by exercising reasonable diligence would have been known, to any person, other than the person committing the Breach, who is an employee, officer, or agent of Business Associate. The notification shall include, to the extent possible, the identification of each Individual whose Unsecured PHI has been, or is reasonably believed by Business Associate to have been, accessed, acquired, used, or disclosed during the Breach in addition to the information required in Section V. In addition, Business Associate shall provide the Covered Entity with any other available information that the Covered Entity is required to include in the notification to the individual under 45 CFR §164.404(c); and 2.14 To the extent Business Associate is to carry out one or more of the Covered Entity’s obligations under Subpart E of 45 CFR Part 164, comply with the requirements of Subpart E that apply to the Covered Entity in the performance of such obligations. SECTION III – THE PARTIES AGREE TO THE FOLLOWING PERMITTED USES AND DISCLOSURES BY THE BUSINESS ASSOCIATE: 3.1 Business Associate agrees to make uses and disclosures and requests for PHI consistent with the Covered Entity’s minimum necessary policies and procedures. 3.2 Except as otherwise limited in this Business Associate Agreement, the Business Associate may use or disclose PHI to perform functions, activities or services for, or on behalf of, the Covered Entity as specified in the Services Agreement, provided that such use or disclosure would not violate the HIPAA Rules if done by the Covered Entity; and, 3.3 Except as otherwise limited in this Business Associate Agreement, the Business Associate may: a. Use for management and administration. Use PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate; and, b. Disclose for management and administration. Disclose PHI for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that disclosures are Required by Law, or the Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and will be used or further disclosed only as Required by Law or for the purposes for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached. SECTION IV – NOTICE OF PRIVACY PRACTICES 4.1 If requested, the Covered Entity shall provide the Business Associate with the notice of privacy practices that the Covered Entity produces in accordance with 45 CFR §164.520, as well as any changes to such notice. Covered Entity shall (a) provide the Business Associate with any changes in, or revocation of, permission by an Individual to use or disclose PHI, if such changes affect the Business Associate’s permitted or required uses and disclosures; (b) notify the Business Associate of any restriction to the use or disclosure of PHI that the Covered Entity has agreed to in accordance with 45 CFR §164.522, to the extent that such restrictions may affect the Business Associate’s use or disclosure of PHI; and (c) not request the Business Associate to use or disclose PHI in any manner that would not be permissible under the Privacy Standards if done by the Covered Entity, except as set forth in Section 3.2 above. City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 39 of 46 SECTION V – BREACH NOTIFICATION REQUIREMENTS 5.1 With respect to any Breach, the Covered Entity shall notify each individual whose Unsecured PHI has been, or is reasonably believed by the Covered Entity to have been, accessed, acquired, used, or disclosed as a result of such Breach, except when law enforcement requires a delay pursuant to 45 CFR §164.412. This notice shall be: a. Without unreasonable delay and in no case later than 60 calendar days after discovery of a Breach. b. In plain language including and to the extent possible: 1) A brief description of what happened, including the date of the Breach and the date of the discovery of the Breach, if known; 2) A description of the types of Unsecured PHI that were involved in the Breach (such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or other types of information were involved); 3) Any steps Individuals should take to protect themselves from potential harm resulting from the Breach; 4) A brief description of what the Covered Entity and/or Business Associate is doing to investigate the Breach, to mitigate harm to Individuals, and to protect against any further Breaches; and, 5) Contact procedures for Individuals to ask questions or learn additional information, which shall include a toll-free telephone number, an e-mail address, web site, or postal address. c. By a method of notification that meets the requirements of 45 CFR §164.404(d). d. Provided to the media when required under 45 CFR §164.406 and to the Secretary pursuant to 45 CFR §164.408. 5.2. Business Associate shall promptly provide any information requested by Covered Entity to provide the information described in Section 5.1. 5.3 Covered Entity may, in its sole discretion, require Business Associate to provide the notice of Breach to any individual or entity required by applicable law to receive such notice. SECTION VI – TERM AND TERMINATION 6.1 Term. The term of this Business Associate Agreement shall be effective as of the date set forth above in the first paragraph and shall terminate when all of the PHI created, maintained, transmitted or received by the Business Associate on behalf of the Covered Entity, is destroyed or returned to the Covered Entity, or, if it is infeasible to return or destroy PHI, protections are extended to such information, in accordance with the termination provisions in this Section. 6.2 Termination for Cause. Upon the Covered Entity’s knowledge of a material breach of this Business Associate Agreement by the Business Associate, the Covered Entity shall provide an opportunity for the Business Associate to cure the breach or end the violation. The Covered Entity shall terminate this Business Associate Agreement and the Services Agreement if the Business Associate does not cure the breach or end the violation within the time specified by the Covered Entity, or immediately terminate this Business Associate Agreement if cure is not reasonably possible. If the Business Associate fails to cure a breach for which cure is reasonably possible, the Covered Entity may take action to cure the breach, including but not limited to obtaining an injunction that will prevent further improper use or disclosure of PHI. Should such action be taken, the Business Associate agrees to indemnify the Covered Entity for any costs, including court costs and attorneys' fees, associated with curing the breach. Upon the Business Associate's knowledge of a material breach of this Business Associate Agreement by the Covered Entity, the Business Associate shall provide an opportunity for the Covered Entity to cure the breach or end the violation. The Business Associate shall terminate this Business Associate Agreement and the Services Agreement if the Covered Entity does not cure the breach or end the violation within the time specified by the Business Associate, or immediately terminate this Business Associate Agreement if the Covered Entity has breached a material term of this Business Associate Agreement if cure is not reasonably possible. 6.3 Effect of Termination. City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 40 of 46 a. Return or Destruction of PHI. Except as provided in Section 6.3(b), upon termination of this Business Associate Agreement, for any reason, the Business Associate shall return, or if agreed to by the Covered Entity, destroy all PHI received from the Covered Entity, or created, maintained or received by the Business Associate on behalf of the Covered Entity and retain no copies. This provision shall apply to PHI that is in the possession of subcontractors or agents of the Business Associate. b. Return or Destruction of PHI Infeasible. In the event that the Business Associate determines that returning or destroying PHI is infeasible, the Business Associate shall provide to the Covered Entity notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the parties that return or destruction of the PHI is infeasible, the Business Associate shall extend the protections of this Business Associate Agreement to such PHI and limit further uses and disclosures of such PHI to those purposes that make the return or destruction infeasible, for so long as the Business Associate maintains such PHI. In addition, the Business Associate shall continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to Electronic PHI to prevent use or disclosure of the PHI, for as long as the Business Associate retains the PHI. SECTION VII – GENERAL PROVISIONS 7.1 Regulatory references. A reference in this Business Associate Agreement to the HIPAA Rules or a section in the HIPAA Rules means that Rule or Section as in effect or as amended from time to time. 7.2 Compliance with law. In connection with its performance under this Business Associate Agreement, Business Associate shall comply with all applicable laws, including but not limited to laws protecting the privacy of personal information about Individuals. 7.3 Amendment. The Parties agree to take such action as is necessary to amend this Business Associate Agreement from time to time. All amendments must be in writing and signed by both Parties. 7.4 Indemnification by Business Associate. Business Associate agrees to indemnify, defend and hold harmless the Covered Entity and its commissioners, employees, directors, officers, subcontractors, agents or other members of its workforce, each of the foregoing hereinafter referred to as “Indemnified Party,” against all actual and direct losses suffered by the Indemnified Party and all liability to third parties arising from or in connection with Business Associate’s breach of Sections II and III of this Business Associate Agreement. Accordingly, on demand, Business Associate shall reimburse any Indemnified Party for any and all actual and direct losses, liabilities, fines, penalties, costs or expenses (including reasonable attorneys’ fees) which may for any reason be imposed upon any Indemnified Party by reason of any suit, claim, action, proceeding or demand by any third party which results for Business Associate’s breach hereunder. The obligation to indemnify any Indemnified Party shall survive the expiration or termination of this Agreement for any reason. 7.5 Survival. The respective rights and obligations of Business Associate under Section II of this Business Associate Agreement shall survive the termination of the Services Agreement and this Business Associate Agreement. 7.6 Interpretation. Any ambiguity in this Business Associate Agreement shall be resolved to permit Covered Entity to comply with the HIPAA Rules. [Signature Page Follows] City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 41 of 46 The Parties hereto have duly executed this Agreement as of the Effective Date as defined here above. Covered Entity Business Associate CLACKAMAS COUNTY City of Lake Oswego By: ____________________________ By: _______________________________ Its: ____________________________ Its: _______________________________ Dated: __________________________ Dated: ____________________________ City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 42 of 46 Exhibit J: Provider Application Recertification OAA Focal Point Service Provider Application Recertification The below requested information provides an update to material originally submitted in prior Request for Proposals for Older American Act Focal Point Service Providers. Name of Service Provider: Lake Oswego Adult Community Center Date Completed: 5/5/2023 Organizational Policies/Procedures: 1. How does your organization handle client and staff grievances? Please describe your policies and procedures for handling complaints, including how/if Clackamas County Social Services fits into the process. Clackamas county would not be involved in our complaint processes unless the complaint was regarding a procedure guided by the county contract. a. How do you handle client complaints? Administrative Procedure: PURPOSE: The purpose of the attached Inquiry/Complaint Routing list is to identify the appropriate departments for the initial response to an inquiry or complaint from the public. The routing list should also assist City staff in identifying areas of responsibility in order to quickly address service issues and provide a high level of customer service. The list identifies the initial department or division contact, with responsibility for the inquiry or complaint. The responsible department or division shall involve other departments or divisions as necessary. If a department receives a call for assistance that it is unable to remedy, the name and number of the individual should be taken and the individual told that they will be contacted by the appropriate department or person. The caller information is then forwarded by the initial contact to the Citizen Information Coordinator. It is then the responsibility of the Citizen Information Coordinator to find the appropriate department and follow-up to ensure that the citizen was contacted. It is preferable that citizens are not transferred from department to department in order to get their question answered or complaint heard. REFERRAL: If staff determines that the complaint may require conflict resolution services, the caller should be either transferred to the Citizen Information Coordinator (Ext. 0257) or given the phone number to contact the Citizen Information Coordinator (503-635-0257). REVISIONS: It is the responsibility of each department or division to make note of any inaccuracies on the attached Inquiry/Complaint Routing list, and to inform the Deputy City Recorder of these changes. For example, over a period of time, it may become evident to a department that although they are listed as the initial contact, another department should be b. How do you handle staff complaints? HR Policy: POLICY STATEMENT: The City recognizes the importance of providing timely procedures for City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 43 of 46 the resolution of complaints and grievances arising from the employment relationship. Accordingly, employees are encouraged to use the Complaint Resolution Process. GUIDELINES 1. Complaints A ‘complaint’ is an employee’s formal, written expression of disagreement with aspects of employment such as working conditions, hours of work, environment, relationships with supervisor and other employees, or policies or decisions of the department considered by the employee to be inappropriate. The complaint should state the action(s) to be reviewed, the date(s) of each act, and the resolution requested. 2. Eligibility All regular non-represented employees who have completed their initial probationary period are encouraged to use this procedure to file a complaint. Represented employees should use the grievance procedure outlined in their respective collective bargaining agreement. On-call and temporary employees, including probationary employees, alleging violation of the City’s equal employment opportunity, anti-harassment/non-discrimination, ethics or other policies may take their complaints to the Human Resources Department. 3. Four-Step Process The employee must initiate his or her own complaint resolution process as set forth below. On occasion and by mutual agreement, the specified time-lines may be altered to suit the circumstances. Employees who have questions about how to proceed may seek guidance from Human Resources at any Personnel Policy 1-7 City of Lake Oswego - 2 - Complaint Resolution Process time in the process. (Note: The following process is the primary process for all regular non-represented employees. Represented employees should consult their collective bargaining agreement for filing a grievance.) Step 1: Informal Discussions Employees, supervisors, and managers are encouraged to identify and resolve workplace problems and disputes as early as possible by using informal problem-solving methods, such as: direct discussions with the individual(s) involved; involvement of the supervisor, manager or department director; and assistance from the Human Resources Office. If the problem remains unresolved after these efforts, the employee may submit a formal, written complaint to the Department Director. Step 2: Department Review Upon receiving a written complaint or statement of grievance, the Department Director shall review the situation, investigate as appropriate, and issue a written determination, generally within 10 workdays of receiving the complaint or grievance. Step 3: Human Resources Review If the employee is not satisfied with the response, the employee may forward the written complaint and any supplemental materials to the Human Resources Director within 10 workdays of the Department Director’s response. The written complaint and the supplemental materials should fully define the problem, explain reasons for dissatisfaction with the Department Director’s reply, and specify the remedy sought. The Human Resources Director will review the situation, investigate as appropriate, and issue a determination, generally within 10 workdays of receiving the complaint. Personnel Policy 1-7 City of Lake Oswego - 3 - Complaint Resolution Process Step 4: City Manager Review If the employee is not satisfied with the response of the Human Resources Director, the employee may file a written appeal to the City Manager within 10 workdays. The City Manager’s decision is final and will be issued within 30 days of receiving the written appeal. 4. Complaints Against Charter Officers Any employee who believes that he or she has been subjected to any type of unlawful employment practice by one of the City’s Charter Officers (i.e., the City Attorney, the City Manager, or the Municipal Court Judge) should take their concerns to the Human Resources Director or either of the other Charter Officers. In the event that the issue is unresolved, either the City Manager or the City Attorney will then report directly to the City Council regarding the complaint and will provide a copy of the written complaint to the City Council. 5. Related Information > Personnel Policy City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 44 of 46 No. 1-3: Anti-Harassment and Non-Discrimination > Personnel Policy No. 1-6: Appropriate Workplace Conduct > Personnel Policy No. 2-5: Corrective Action 2. How does your organization handle donations and ensure that they are being collected and used appropriately for acceptable program purposes? Please describe your policies and procedures for accepting and tracking donations, including any specialized software or tools used, communication with donors, and regular review and analysis of donation data to ensure compliance with program requirements. We collect donations and put them into bank bags that correspond with the program for which the donation is intended. And then at the time of deposit the donations are processed through our finance software called Incode, and the donation is deposited using the corresponding general leger account. Some donations are recognized by a letter, stating our tax ID number and we do offer a fillable receipt for in-kind donations. NAPIS Enrollments/Service Records: 3. How does your organization ensure required NAPIS enrollments are collected and reported within the first month of service delivery for eligible participants? Please describe your process for determining eligibility and collecting required assessments, demographic information and other required enrollment information. Before we submit our reimbursement request form we use an Excel spreadsheet to verify all clients that received services (a report exported from My Senior Center) have a NAPIS form in the NAPIS file. We determine eligibility based on the answers of the NAPIS questions and other conversation. 4. How does your organization document provided service units for Case Management, Reassurance, Information & Assistance and Nutrition programs? Describe your record keeping system for each service type among OAA eligible and non-OAA eligible individuals. When people call into the client services coordinator (CSC), the CSC will determine what category the needs falls under. The CSC then fills out a NAPIS and fills out a client profile in the software program, My Senior Center. Below is a sample of the menus the CSC will click through to determine the category. City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 45 of 46 City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 46 of 46 My Senior Center can produce a report that give the client’s age so we can track and report the OAA eligibility. The CSC uses a calendar and a notepad to track any follow-up needed. Transportation: 5. How do you ensure adequate documentation for rides provided each month as a service provider for riders who are 60+ or experiencing a disability? Please describe your process and the steps you take to track and document rides, including any specialized software or tools used, paper records maintained, communication with riders, and regular review and analysis of ride data. The participant calls us to schedule a ride, they are entered into My Senior Center and then a reminder call is made as the transportation coordinator is on his way to pick up the participant. We use My Senior Center, a software program where we register a participant for transportation. My Senior Center allows us to create “events” for each time we offer a ride to or from the Center. The transportation coordinator also lists all rides on the master transportation tracking spreadsheet. And at the end of each month the report from My Senior Center must match the spreadsheet. The information is reviewed monthly prior to being sent to Clackamas County for reimbursement. 6. How do you ensure that drivers report mileage, time, rider issues, vehicle maintenance needs, and other issues that may arise while delivering rides to riders who are 60+ or experiencing a disability? Please describe your process for tracking and documenting this information, including any specialized software or tools used, communication with drivers, and the steps taken to address any reported issues. Each vehicle is equipped with a clipboard and a form for the driver to track mileage and time, i.e.: We then use the clipboard information to complete the master transportation tracking spreadsheet that lists, mileage and time. The transportation coordinator will bring to management any rider issues to discuss and resolve. Along with alerting management, if we have a customer incident the transportation coordinator fills out the “Citizen and Volunteer Incident Report Form”; a copy goes to human resources. We have a maintenance department that tracks our vehicle maintenance schedule and the transportation coordinator will alert the maintenance department of any issues that arise. City of Lake Oswego - Lake Oswego Adult Community Center Subrecipient Grant Agreement – 24-006 [Older Americans Act Services] Page 47 of 46 Outreach: 7. How does your organization provide information about its services to the community? Please describe your outreach efforts to the targeted population of frail, low-income, minority, and rural residents aged 60 and older. Our programs and services are promoted in our Parks & Recreation Activities Guide that is published three times a year and mailed to every resident. We also promote our services in the Hello LO, the City’s monthly newsletter that is also mailed to every resident. Lake Oswego is home to two low income senior apartment building and we have posted flyers in the elevators. 8. How does your organization prioritize services for the target population of frail, low-income, minority, and rural residents aged 60 and older? Please describe your procedure for prioritizing services. At this time, we are able to meet the demand for our services and have not needed to prioritize for a special target population. Organization Operations: 9. What are your hours of operation and official closures? Please provide details about your organization's operating hours and any scheduled closures. We are open Monday-Friday 8a-4:30p expect for the following holidays: • Monday, January 2, 2023 New Year’s Day observed • Monday, January 16, 2023 Martin Luther King, Jr. • Monday, February 20, 2023 Presidents’ Day • Monday, May 29, 2023 Memorial Day • Monday, June 19, 2023 Juneteenth • Tuesday, July 4, 2023 Independence Day • Monday, September 4, 2023 Labor Day • Friday, November 10, 2023 Veterans Day observed • Thursday, November 23, 2023 Thanksgiving Day • Friday, November 24, 2023 Day after Thanksgiving • Monday, December 25, 2023 Christmas Day • Monday, January 1, 2024 New Year’s Day 10. What are the geographic boundaries of your organization's service area? Please describe the specific areas your organization serves. BOUNDARIES: Lake Oswego area, including Lake Grove. North – Clackamas County/Multnomah County line, except part of LO that is in Multnomah County; West – Clackamas County/Washington County line except small area of LO that is in Washington County; South – Tualatin River to Stafford Rd., North on Stafford to SE Bergis Rd., S. to Crestline Dr., through Skylands to West Linn city limits; East – Willamette River. 11. Community-based, nonprofit organizations only: Provide a current list of Board officers and members and the frequency of Board meetings. N/A 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Subject: Approval of City Council Meeting Minutes Meeting Date: September 5, 2023 Report Date: August 25, 2023 Staff Member: Kari Linder, City Recorder Department: City Manager’s Office Action Required Advisory Board/Commission Recommendation ☒Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded☐Resolution ☒Not Applicable☐Information Only Comments: ☐Council Direction ☒Consent Agenda Staff Recommendation: Approve minutes as written. Recommended Language for Motion: Move to approve minutes as written. Project / Issue Relates To: NA Issue before Council (Highlight Policy Question): ☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable ATTACHMENTS 1.August 1, 2023, Draft Regular Meeting Minutes 6.2 City Council Regular Meeting Minutes Page 1 of 7 August 1, 2023 CITY COUNCIL REGULAR MEETING MINUTES August 1, 2023 1. CALL TO ORDER Mayor Buck called the regular City Council meeting to order at 3:04 p.m. on Tuesday, August 1, 2023. The meeting was held both virtually via video conferencing and in-person in the Council Chamber at City Hall, 380 A Avenue. 2. ROLL CALL Present: Mayor Buck, Councilors Wendland (via video conferencing), Verdick (left meeting at 3:45 p.m.), Rapf, and Corrigan. Councilors Mboup and Afghan were excused. Staff Present: Martha Bennett, City Manager; Ellen Osoinach, City Attorney; Megan Big John, Parks Manager; Ellen Davis, Associate Planner; Bruce Powers, Project Manager; Erica Rooney, City Engineer | Public Works Director; Eddie VanBuren, Deputy Public Works Director; Madison Thesing, Assistant to the City Manager; Kim Vermillion, Administrative Assistant ______________________________________________________________________ 3. PLEDGE OF ALLEGIANCE Mayor Buck led the Council in the Pledge of Allegiance. Mayor Buck noted tonight’s Public Comment would be heard following the business agenda and announced the public hearing for the implementation of the City’s time, place, and manner regulations regarding psilocybin would be postponed until the fall to ensure the entire Council was in attendance and allow the Council a further study session in mid-October to better understand the issue and its implications. 4. PUBLIC COMMENT Agenda Item 4. Public Comment was taken out of order and addressed following Item 7.3 Review of the 2023 Community Survey Policy Questions. 5. CONSENT AGENDA 5.1 WO 315, Award a Public Improvement Contract for the Construction of the Annual Water Rehabilitation Project – Phase 2. ATTACHMENT 1 City Council Regular Meeting Minutes Page 2 of 7 August 1, 2023 5.2 WO 320.3, Award a Public Improvement Contract for the Construction of the Boca Ratan Pathway Project. 5.3 Approval of Meeting Minutes. June 6, 2023, Draft Regular Meeting Minutes June 20, 2023, Draft Regular Meeting Minutes June 27, 2023, Draft Special Meeting Minutes END CONSENT AGENDA Councilor Rapf moved to adopt the Consent Agenda. Councilor Verdick seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Wendland, Verdick, Rapf, and Corrigan voting ‘aye’, (5-0). 6. ITEMS REMOVED FROM CONSENT AGENDA No items were removed from the Consent Agenda. 7. COUNCIL BUSINESS 7.1 Resolution 23-34, A Resolution of the City Council of the City of Lake Oswego Designating Lake Oswego as a Bee City USA, Authorizing the Parks and Recreation Department as Sponsor, the Parks Manager as Liaison, and the Parks Board as Program Facilitator. Ellen Davis, Associate Planner, and Meghan Big John, Parks Manager, jointly presented a PowerPoint on Bee City, USA, reviewing the mission, purpose, and benefits of a Bee City, other Bee Cities in Oregon, the commitments involved in being a Bee City, actions the City had already taken towards those commitments, and next steps for Lake Oswego. Mayor Buck stated the pollinator garden at Iron Mountain is fantastic and he acknowledged Stephanie Wagner, who had brought the idea of Bee City forward. Becoming a Bee City would highlight work the City had already done and provide more tools for the City to continue that work. Councilor Corrigan commended staff’s work and noted the importance of pollination to food supply. Councilor Verdick moved to adopt Resolution 23-24. Councilor Corrigan seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Wendland, Verdick, Rapf, and Corrigan voting ‘aye’, (5-0). City Council Regular Meeting Minutes Page 3 of 7 August 1, 2023 7.2 WO 305, Amendment to the Public Improvement Construction Contract for the Lake Oswego Recreation and Aquatic Center. Bruce Powers, Project Manager, Lake Oswego Recreation and Aquatic Center (LORAC), presented the Council Report via PowerPoint, providing a brief update on construction, reviewing upcoming plans, and providing details on the requested contract amendments, which arose in response to plan review comments received during the permitting process; equipment changes resulting from long-lead materials; infrastructure and other project elements being moved from the Municipal Golf Course renovation project into the LORAC project scope; additional project scope at the request of the Park’s Department; and unforeseen issues that had arisen during the course of construction. Staff requested the City Council authorize the City Manager to sign Amendments 3 through 12, noting adequate funds were allocated in LORAC’s project budget and contingency budget to absorb the requested total of $1,184,800.23. Councilor Rapf confirmed the $574,662.08 in Amendments 4 and 5 did not represent an increased cost but was an accounting change that moved an expense from one budget to another. Mr. Powers added the total was separately budgeted from the LORAC. Mayor Buck asked for additional clarity on the water main. Mr. Powers responded that the original engineering plans placed the water line underneath some infrastructure with trees overhead; City engineers found the placement would impact the four-inch water line and called for the line to be moved. While the cost was substantial the line had to be moved in order for the project to move forward. Councilor Rapf confirmed planting would take place in the fall of 2024, complimented the work done on the project thus far and asked when the driving range would open. Mr. Powers replied the golf course would be opened as soon as the LORAC was opened. The course was almost finished but awaited permitting for some items. Staff hoped construction would be complete by the fall. Councilor Rapf moved to authorize the City Manager to sign Amendments 3 through 12 to the public improvement construction contract with Triplett Wellman Contractors for construction of the Lake Oswego Recreation and Aquatic Center for an amount totaling $1,884,080.23. Councilor Corrigan seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Wendland, Verdick, Rapf, and Corrigan voting ‘aye’, (5-0). 7.3 Review of the 2023 Community Survey Policy Questions. Agenda Item 7.3 Review of the 2023 Community Survey Policy Questions was taken out of order and addressed after Item 8.1 Public Hearing on Resolution 23-31. 8. PUBLIC HEARING 8.1 Resolution 23-31, A Resolution of the Lake Oswego City Council, acting as the Lake Oswego Public Contracting Review Board Pursuant to ORS 279A.060, Making Certain Findings and Approving a Special Procurement for Pacific Power Group City Council Regular Meeting Minutes Page 4 of 7 August 1, 2023 Generator, Lift Station Maintenance Contract and Authorizing the City Manager to Execute the Contract. Ellen Osoinach, City Attorney, read the parameters of the public hearing and asked if any City Councilor had a declaration of a conflict of interest. None were heard. Eddie VanBuren, Deputy Public Works Director, reviewed the Council Report on Resolution 23-31 for a special procurement contract with the Pacific Power Group (PPG) for the maintenance and repair services of the critical generator systems throughout the City of Lake Oswego, noting the contract was essential to support resilient daily operations as well as emergency preparedness of the city, particularly City Hall, the 911 Center, fire station operations, wastewater collection, water treatment and distribution. PPG had been under contract for maintenance and repair of the City’s 13 portable generators and 20 non-portable generators since 2019, though its relationship with the City dated back to 2009. The company was familiar with the City allowing it to deliver services tailored to the geography and layout of Lake Oswego. Staff recommended the City Council adopt the Resolution, and noted continuing the City’s partnership with PPG was the best course of action to ensure the reliability and effectiveness of Lake Oswego’s generator system and the City would benefit from the company’s specialized expertise in the subject matter and maintain continuity of service. Councilor Wendland asked if prices had increased from the 2019 maintenance contract. Mr. VanBuren responded prices had increased due to logistical issues within maintenance operations, but the contract was fairly low for general maintenance, around $25,000, and did not represent a significant increase from the 2019 contract. Mayor Buck opened the public hearing, confirmed there was no public testimony and closed the public hearing. Councilor Verdick moved to adopt Resolution 23-31. Councilor Corrigan seconded the motion. A voice vote was held, and the motion passed, with Mayor Buck and Councilors Wendland, Verdick, Rapf, and Corrigan voting ‘aye’, (5-0). 7.3 Review of the 2023 Community Survey Policy Questions. Madison Thesing, Assistant to the City Manager, presented the Council Report, reviewing the purpose of the Community Survey, highlighting the 2021 survey and responses included in the packet, and providing an overview of the 2023 survey, which was scheduled to launch in October in advance of the Council’s goal setting in January 2024. Staff sought the Council’s direction on three policy questions to include in the survey. After discussion, Councilors agreed the policy questions should focus on: • Assessing community support for bonding specific large capital projects, such as the library and explain how bonds are financed. • Gauging how respondents feel connected or tied to the community (e.g., through churches, social media, other community organizations, etc.) City Council Regular Meeting Minutes Page 5 of 7 August 1, 2023 • Assessing the City’s outreach efforts to create a more welcoming community; do respondents feel welcome or have a sense of belonging? Ms. Thesing clarified that the 2023 survey would contain questions almost identical to those in the 2021 survey, so the City would have a benchmark to measure improvement against how respondents answered questions two years ago, as well to compare itself to other cities in the state and across the country. Some questions had been edited for clarity or length, as necessary. City Manager Bennett suggested questions about Foothills would be better timed with the 2025 survey, given the potential timing of the Wastewater Project, which would begin construction in 2024 and the extensive targeted outreach expected with the Foothills Master Plan. 4. PUBLIC COMMENT • Anastasia Rose, resident, Blue Heron Road, expressed concerns about Blue Heron Road stemming from the lack of maintenance and the road’s narrowness. The road’s condition made it difficult for passenger cars and delivery trucks, and blind corners made it difficult for pedestrians to navigate the road safely. of Blue Heron residents paid high property taxes in addition to the maintenance fee, however rehabilitation of the road had been postponed. The City should replace the pavement, install a crosswalk at Southshore, add streetlights, and remove the railing to improve pedestrian safety. • Meg Godfrey, resident, Blue Heron Road, expressed concerns related to the road’s safety and condition and was frustrated repairs had been postponed from 2022-2023 to 2025-2027. She presented a petition from the residents of Blue Heron Road. • Megan Patton, resident, Blue Heron Road, testified the narrowness of the road had led to drivers hitting her mailbox and could lead to cars driving into her home. Repairs to a retaining wall on the portion of yard considered public right-of-way (ROW) had been postponed because the City had indicated the road would be fixed 11 years ago, but no action had been taken. • Roger Smith, resident, Blue Heron Road, attended City Council meetings in the past to voice concerns about the road. Residents of the neighborhood would like some relief from the road conditions and had waited long enough. • Susan Wellons, resident, Blue Heron Road, expressed concerns about the safety of the road, noting Blue Heron was an access road to easements. The City should paint crosswalks to indicate easement access, install a flashing light, and fix the guardrail on the bridge. The foliage and large trees were also concerns, and it was not clear why the project, which had been funded, was postponed. • Susan Speer, resident, Blue Heron Road, had been told by the City that the road would be fixed but no action had been taken, though there were many road projects elsewhere in the city. The road was unsafe and dangerous with large potholes and at some points was too narrow to allow two cars to travel in opposite directions. Their attempt to sell their house was unsuccessful due to the road’s condition. • Bryce Potter, resident, Blue Heron Road, noted the road had belonged to the County; however, the road was now part of the city, and the City was obligated to fix the road. No City Council Regular Meeting Minutes Page 6 of 7 August 1, 2023 maintenance had been performed in decades despite the monthly maintenance fee and property taxes. Mayor Buck noted Blue Heron Rehabilitation and Drainage Project was one of the four funded street projects listed in the Capital Improvement Plan (CIP), which was a good sign. He understood the project had been scheduled previously but postponed and asked Staff if the City was sure about the funding shown for the project, now scheduled for 2025-2026, 2026-2027. Ms. Bennett added that the CIP was adopted by the Budget Committee and the Council every other year. In the last budget year, the Council’s direction was to reduce the street funds and fund parks projects. She urged residents to be attentive in the spring of 2025 when the City’s budget priorities were set by the Budget Committee and the City Council during the budget process; that was when the decision would be made about what would be put in the funded column and what would be moved to the unfunded column. The Blue Heron Project was in the funded column but had been postponed due to other capital projects the Council and Budget Committee decided to advance. Mayor Buck commented he was unaware of the issue and the neighbors’ advocacy at the Council meeting gave the Council an awareness of why the project was on the list. There was nothing the Council could do to advance the project from the dais, but residents should pay attention to the budget process and return to the Council to ensure the project was funded as residents of Evergreen had done with a drainage project. Councilor Rapf, a resident of Blue Heron Road, thanked the residents for coming to the Council meeting and acknowledged their safety concerns. When moving to Blue Heron Road in 2018, he asked the City’s Engineering Department about the roadway and was advised the project was not a normal street paving project. The narrowness of the street and the easements made it challenging to pave both sides while keeping the road open to traffic, which was why $2.4 million had been allocated in the budget. He would continue to advocate for the project and asked neighbors to continue their advocacy, noting other groups who had successfully lobbied the City for improvements and changes through continuous advocacy. Councilor Wendland asked how the City could put off road maintenance for many decades and whether there were other streets in the same condition. If repairs continued to be put off, the rehabilitation project would be more expensive. Ms. Bennett replied Staff could research the specifics of Blue Heron Road, which was originally a County road not built to urban standards with urban infrastructure. In addition, there were significant ROW challenges. The CIP included tens of millions of dollars of unfunded projects for similar streets and Council had heard from residents about the cost of bringing roads up to urban conditions. There were streets like Blue Heron all over Lake Oswego, and at some point in the past, a previous City Council made a policy decision that roads like Blue Heron, which had 33 residences and generated between 200 and 300 trips a day, were a lower priority than streets in town that generated between 800 and 2,000 trips per day. Director Rooney had previously advised Council that once a street completely failed, as Blue Heron had, repairs do not become more expensive; those streets then naturally fell to the bottom of the list in favor of streets where a small investment today could stretch limited funds further. Director Rooney would return to the Council with more specifics, but Blue Heron had been neglected for a long period of time because it was built at a rural standard and required significant investment to be brought up to standard. From a policy perspective, the same decision had likely been made about similar streets. Councilor Rapf affirmed that the City would continue to work on the issue. The road was no different than 5th Avenue, which had experienced flooding and the City had found a way to fix it. City Council Regular Meeting Minutes Page 7 of 7 August 1, 2023 There may be ways for the City to ameliorate issues on Blue Heron Road while waiting for rehabilitation. 9. INFORMATION FROM COUNCIL Mayor Buck noted tonight was National Night Out and there were record number of neighborhoods taking part. He thanked the City Departments responsible for putting together the events for the more than 40 neighborhoods participating. 10. REPORTS OF OFFICERS No reports of officers were provided. 11. ADJOURNMENT Mayor Buck adjourned the City Council meeting at 4:18 p.m. Respectfully submitted, _____________________________ Kari Linder, City Recorder Approved by the City Council on {insert approval date} ____________________________ Joseph M. Buck, Mayor 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Subject: Vacating the Public Interest in a 6-ft Wide Unimproved Pathway Right-of-Way Located Northwesterly of the Railroad Right-of-Way of Union Pacific Railroad from Boones Ferry Road to Bryant Road Meeting Date: September 5, 2023 Report Date: August 25, 2023 Staff Member: Erica Rooney, PE, Public Works Director & City Engineer Department: Public Works - Engineering Action Required Advisory Board/Commission Recommendation ☐ Motion ☐ Approval ☐ Public Hearing ☐ Denial ☐ Ordinance ☐ None Forwarded ☐ Resolution ☒ Not Applicable ☐ Information Only Comments: ☒ Council Direction ☐ Consent Agenda Staff Recommendation: NA Recommended Language for Motion: Move to direct staff to initiate vacation proceedings pursuant to ORS 271.130 for a 6-ft wide portion of public right-of-way as depicted in Attachment 1. Project / Issue Relates To: NA Issue before Council (Highlight Policy Question): Direct staff on direction to take in response to a request to reinitiate the vacation process ☐Council Goals/Priorities ☐Adopted Master Plan(s) ☒Not Applicable ISSUE BEFORE COUNCIL Provide direction to Staff on whether or not the City should reinitiate vacation proceedings for a 6-ft wide portion of public right-of-way adjacent to a railroad and located behind properties along Upper Drive. 8.1 Page 2 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY BACKGROUND Oregon Revised Statutes set out two separate processes for vacating a public right-of-way, depending upon whether the City or a private party initiates the proceedings. In a private vacation, a person must submit a petition, collect notarized signatures from all property owners abutting the area requested to be vacated as well as the owners of not less than 2/3rds of the “Affected Area.i” In a city-initiated vacation, no petition or consent of property owners is required. Instead, Council may authorize the vacation unless (a) a majority of the property owners in the “Affected Area” object in writing to the vacation or (b) the vacation will substantially affect the market value of such property and the city will not pays damages. Both processes require a public hearing. On May 2, 2023 the City Council adopted Resolution 23-14 for a City-initiated vacation proceeding related to a 6-ft wide right-of-way that parallels railroad right-of-way and is located behind properties along Upper Drive. See Attachment 1 for the general location. In accordance with the applicable ORS 271 requirements, notification was posted of a pending hearing, set for June 6, 2023. The hearing was held before City Council on that date, but the Council declined to vacate the right-of-way at that time, with some counselors indicating they wanted to give affected property owners additional time to respond. Since then, one affected property owner--Habitat for Humanity--wrote a letter dated July 31, 2023, specifically requesting that the City re-initiate a vacation proceeding for the 6-ft wide right-of-way. See Attachment 2. DISCUSSION While the ORS process for vacating public right-of-way is clear, we have no known precedent for vacation requests initiated by either the City or by private entities. Additionally, we have no record of any previous vacation requests being rejected. For the past 15 years, all formal requests that have gone through the process have been approved by Council The City Attorney and the City Engineer will present more specific details on the options and process for reconsidering such a request at the Council Meeting on September 5. ATTACHMENTS 1. Vicinity Map, September 5, 2023 2. Habitat for Humanity Letter, July 31, 2023 i “Affected Area” means “land lying on either side of the [right-of-way] to be vacated and extending laterally to the next [right-of-way] that serves as a parallel [right-of-way], but in any case, not to exceed 200 feet, and the land for a like lateral distance on either side of the street for 400 feet along its course beyond each terminus of the part proposed to be vacated. Where a [right-of-way] is proposed to be vacated to its termini, the land embraced in an extension of the street for a distance of 400 feet beyond each terminus shall also be counted.” Attachment 1 Vicinity of Proposed ROW Vacation – 6 ft wide pathway September 5, 2023 ATTACHMENT 2 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Subject: 2023 Legislative Session Recap Meeting Date: September 5, 2023 Report Date: August 25, 2023 Staff Member: Madison Thesing, Assistant to the City Manager Department: City Manager’s Office Action Required Advisory Board/Commission Recommendation ☐Motion ☐Approval☐Public Hearing ☐Denial☐Ordinance ☐None Forwarded☐Resolution ☒Not Applicable ☒Information Only Comments: ☐Council Direction☐Consent Agenda Staff Recommendation: No Council Action is requested – informational only Recommended Language for Motion: Not applicable – informational only Project / Issue Relates To: 2023 Legislative Session, Intergovernmental Relations Issue before Council (Highlight Policy Question): ☐Council Goals/Priorities ☐Adopted Master Plan(s)☒Not Applicable ISSUE BEFORE COUNCIL Staff will provide a recap of the 2023 Legislative Session passed bills and the impact to the City, as well as next steps to plan for 2024 short session and 2025 long session. BACKGROUND In alignment with the City’s Intergovernmental Relations Policy - Resolution 20-28 – and goals for coordination with State initiatives, the City Manager’s Office is responsible for tracking and managing the City’s legislative agenda on behalf of the City Council. Efforts to advocate for the City at the state policy arena are guided by the City’s legislative principles and priorities 8.2 Page 2 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY (Attachment 1). The legislative priorities guide the City’s involvement and position on legislative actions in the context of what is happening during the session. Throughout session, staff provided updates and received Council feedback monthly at City Council meetings. These included: February 21, March 21, April 18, May 16, and June 20, 2023. DISCUSSION On June 25th, the State adjourned sine die in the final hours before the constitutional deadline. As pivotal bill deadlines approached, the Senate walk out lasted from May 3rd through June 15th. This six-week walk out is the longest in Oregon history. Once Senate was back in session and with quorum, floor votes were conducted at all hours at a rapid pace to address the six- week backlog in 10 days. Of the bills that passed, staff has reviewed the potential impact to City operations. Below are passed bills that align with the Council’s 2023 Legislative Agenda that are notable by impact or alignment with the goals. Page numbers in table below reference League of Oregon Cities’ 2023 Legislative Session Summary of Bills (Attachment 2). Ensure a safe, secure, and prepared community Legislative Priorities Bills Passed & Impact • Monitor policies related to public safety and services, including statewide standards and those that could preempt local decision making • Support legislative funding packages that address wildland-urban interface preparedness • Support legislative funding, grants, or opportunities to encourage community emergency preparedness • HB 3630 – Provides support to Oregon counties to develop and adopt energy resilience plans to be incorporated into county natural hazard mitigation plans (page 19) Support business investment and job creation in Lake Oswego Legislative Priorities Bills Passed & Impact • Support policies and programs that invest in workforce training in partnership with Oregon high school and higher education • Oppose legislative that directs or preempts land use and conditions Foster a welcoming and inclusive community where all people have the opportunity to thrive and have equitable access to City services Legislative Priorities Bills Passed & Impact • Encourage legislative policies that promote inclusion and equitable access to public programs, services, facilities and policies • Monitor policies related to public contracting Page 3 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Combat climate change and strengthen the community’s resilience to climate impact Legislative Priorities Bills Passed & Impact • Support legislation that advances local efforts to combat climate change with local authority, which includes opposing preemptions and state mandates • Support legislation that provides direct funding or grant opportunities to advance local efforts • HB 3409 – Establishes Community Green Infrastructure Grant Program (page 15); provide grants, support, and technical assistance for resilience hubs and networks. Grants are to be awarded for planning and organizing expenses related to community resources and services for responding to extreme weather disasters (page 16); The Oregon Department of Forestry will acquire and maintain an urban tree canopy assessment tool (page 17) • SB 5506 – Directs additional funding to various energy and environment efforts and grants administered by the State, including $20 million general fund added to the Community Renewable Energy Grant Program & $4.9 million toward drought- related projects and programs (page 22) Strengthen public trust in the City through continuous improvement, outstanding customer service, infrastructure investments, and fiscal stewardship Council Initiatives Bills Passed & Impact • Oppose legislation that limits or interferes with the City’s ability to collect local revenues sources • Support legislative funding packages that support infrastructure investments, including highways, stormwater, wastewater, and drinking water • HB 2805 – Prohibits a city council or other public body subject to Oregon’s open meeting requirements from conducting a serial meeting and gives the Oregon Government Ethics Commission (OGEC) authority to enforce the new standard (page 33) Invest in Lake Oswego’s high-quality parks, natural areas, and recreational amenities Legislative Priorities Bills Passed & Impact • Encourage legislation that protects our waterways and natural spaces, while encouraging investment in park acquisitions and improvements Improve transportation connections, mobility and safety for all travelers and all types of trips in Lake Oswego Legislative Priorities Bills Passed & Impact • Support legislative funding packages that support transportation infrastructure investments. Transportation packages should address multimodal needs and promote local decision-making on needs • Support legislative direction that reexamines tolling projects and the tools available for • HB 2099 – Increased flexibility for “safe routes to school” grant program by expanding eligibility criteria for Safe Routes to School grants and eliminating minimum cash match for grants (page 40) Page 4 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY funding infrastructure projects, as well as encourage regionwide approaches for reducing congestion Conserve the community’s character, sense of place, and quality of life by planning for change and growth Legislative Priorities Bills Passed & Impact • Oppose policies or processes that allow private development to guide Urban Growth Boundaries expansion, or requires City service delivery outside of City-adopted Master Plans • Support Oregon Mayor’s Association proposal to direct funding to local solutions for addressing housing and homelessness • Encourage policies to include local funding and grant opportunities to address housing needs • Support policies that encourage local land use decision and local authority • HB 2001 & HB 5019 (Governor’s Housing Funding Package) – Appropriates moneys from General Fund to specified state agencies for certain purposes related to housing under declaration of emergency (page 7) • SB 5511 – Appropriates moneys from General Fund to Housing and Community Services Department (Oregon Mayor’s Association Homeless Funding Proposal) (page 12) Notable bills that failed were some of the most concerning for our goals. These included: • HB 3414 (Governor’s Housing Bill) – Limit conditions under which local governments may deny variance for housing development within urban growth boundary. • SB 1051 (UGB Expansion) – Authorize certain cities with demonstrated need for housing to add project area to their urban growth boundary upon certain conditions. • SB 933 (Prohibition on Tolling) – Prohibit Oregon Transportation Commission from establishing toll on Interstate 205 or Interstate 5, except for the I-5 Bridge Replacement o Instead Governor Kotek enacted tolling moratorium until January of 2026 During the City Council meeting, staff will explain the impact of the bills most notable to City operations, as well as next steps on advocacy during the legislative break. ATTACHMENTS 1. City of Lake Oswego – 2023 Legislative Agenda, approved by Council on 2/10/2023 2. League of Oregon Cities – 2023 Legislative Session Summary of Bills, August 2023 503-675-3984 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY 2023 City of Lake Oswego Legislative Priorities City of Lake Oswego Legislative Principles The legislative principles are the overarching principles that guide our efforts at the Oregon State Legislature. The principles are the framework through which we address policies that transcend partisan politics or legislative sessions. • Preserve Home Rule Authority – The City of Lake Oswego aims to preserve home rule authority and local decision-making. Local control allows the City to act on behalf of the interests of the community based on context, needs, and objectives. Additionally, the City opposes efforts that pre-empt or limit local government authority. • Avoid Unfunded Mandates – The City of Lake Oswego opposes unfunded mandates and state-issued requirements that do not have dedicated funding or resources. • Leverage Regional and State Partnership – The City of Lake Oswego aims to leverage partnerships and coordination with outside agencies to achieve community goals. These partnerships support streamlined service delivery, fiscal responsibility, and a thoughtful approach to public services that cross jurisdiction boundaries without duplication or waste of resources. 2023 Legislative Priorities Legislative priorities are grounded by the adopted 2023 City Council goals, as well as previously adopted Master Plans that guide City operations and ongoing investments, such as the City’s Comprehensive Plan, Transportation System Plan, and Sustainability and Climate Action Plan. Ensure a safe, secure, and prepared community Council Initiatives Legislative Priorities • Continue to oversee and guide the action plan to implement the recommendations of the 2021 Community Dialog on Policing, including increased reporting and public dialog about policing in Lake Oswego • Monitor policies related to public safety and services, including statewide standards and those that could preempt local decision making • Support legislative funding packages that address wildland-urban interface preparedness ATTACHMENT 1 Page 2 of 4 • Implement a sustainable business model for the Fire Department that meets the 21st century needs of Lake Oswego • Create a process for externally-based community groups to connect and create a plan to support residents, especially seniors and people with disabilities, in the event of a disaster • • Support legislative funding, grants, or opportunities to encourage community emergency preparedness Support business investment and job creation in Lake Oswego Council Initiatives Legislative Priorities • Ensure the North Anchor redevelopment stays on track • Review the status of the City’s Urban Renewal Areas, including the status of previous planning for Foothills • Implement the initiatives in the 2022 Economic Development Strategy • Support policies and programs that invest in workforce training in partnership with Oregon high school and higher education • Oppose legislative that directs or preempts land use and conditions Foster a welcoming and inclusive community where all people have the opportunity to thrive and have equitable access to City services Council Initiatives Legislative Priorities • Guide the highest priority recommendations of the DEI Advisory Board: Develop relationships with culturally specific community-based organizations; develop and implement inclusive community engagement practices; and ensure COBID procurement process requirements are met • Encourage legislative policies that promote inclusion and equitable access to public programs, services, facilities and policies • Monitor policies related to public contracting Combat climate change and strengthen the community’s resilience to climate impact Council Initiatives Legislative Priorities • Integrate climate action and resilience strategies into City projects, such as capital improvement planning, housing policy, and City facilities and fleet decisions • Update the Urban and Community Forest Plan using the findings of the 2022 State of the Urban Forest Report • Support legislation that advances local efforts to combat climate change with local authority, which includes opposing preemptions and state mandates • Support legislation that provides direct funding or grant opportunities to advance local efforts Page 3 of 4 Strengthen public trust in the City through continuous improvement, outstanding customer service, infrastructure investments, and fiscal stewardship Council Initiatives Legislative Priorities • Collaborate with the City of Portland to make a financially and environmentally responsible long-term investment in a wastewater treatment plant • Lead the community visioning process for the Lake Oswego Public Library; implement a strategic plan based on the recommendations of the visioning process • Leverage Lake Oswego’s position as the largest city in Clackamas County on regional bodies and with other groups such as the League of Oregon Cities and the Metropolitan Mayors Consortium • Conduct a long-term strategic review of the City’s finances, including revenues, expenditures, and capital funding • Oppose legislation that limits or interferes with the City’s ability to collect local revenues sources • Support legislative funding packages that support infrastructure investments, including highways, stormwater, wastewater, and drinking water Invest in Lake Oswego’s high-quality parks, natural areas, and recreational amenities Council Initiatives Legislative Priorities • Guide delivery of the LORAC and Golf Course Construction • Develop a Funding Strategy for Rassekh Park, and construct the skate park portion • Start the process to update the City’s Parks Master Plan • Encourage legislation that protects our waterways and natural spaces, while encouraging investment in park acquisitions and improvements Improve transportation connections, mobility and safety for all travelers and all types of trips in Lake Oswego Council Initiatives Legislative Priorities • Continue construction of sidewalks and pathways, focusing on safe routes to schools • Adopt a transportation framework plan for Stafford/McVey • Support legislative funding packages that support transportation infrastructure investments. Transportation packages should address multimodal needs and promote local decision-making on needs • Support legislative direction that reexamines tolling projects and the tools available for funding infrastructure Page 4 of 4 projects, as well as encourage regionwide approaches for reducing congestion Conserve the community’s character, sense of place, and quality of life by planning for change and growth Council Initiatives Legislative Priorities • Continue work on key housing initiatives, the housing production strategy, guiding the HACC/Metro project on Boones Ferry Road, and support for other non-profit led housing projects • Conduct a comprehensive review of the City’s development codes and processes to make our processes more efficient and predictable and less expensive to reduce the cost of housing and commercial development • Oppose policies or processes that allow private development to guide Urban Growth Boundaries expansion, or requires City service delivery outside of City-adopted Master Plans • Support Oregon Mayor’s Association proposal to direct funding to local solutions for addressing housing and homelessness • Encourage policies to include local funding and grant opportunities to address housing needs • Support policies that encourage local land use decision and local authority 2023 Legislative Session A UGUST 2023 Summary of Bills ATTACHMENT 2 2023 Legislative Bill Summary |1 TTAABBLLEE OOFF CCOONNTTEENNTTSS 2023 Legislative Session ......................................................................... 2 Community Development ..................................................................... 5 Finance & Taxation ............................................................................... 25 Telecom, Cybersecurity & Broadband ................................................ 36 Transportation ...................................................................................... 39 Water & Wastewater ............................................................................ 42 Wildfire Policy & Funding ..................................................................... 48 Voting Matrix ......................................................................................... 49 Index By Bill Number ............................................................................ 50 2023 Legislative Bill Summary |2 22002233 LLEEGGIISSLLAATTIIVVEE SSEESSSSIIOONN O VERVIEW 2023 – A Session of Hits, Misses, Challenges Oregon’s 82nd legislative session ended at 4:27 p.m. on June 25, just seven and one-half hours short of the constitutional Sine Die at midnight. Back in January, there were signs indicating what the LOC and others would experience during the session. House leadership started things off with a joint press conference focused on shared priorities from Republican and Democratic leadership. The Senate, however, started the session off with caucuses criticizing each other’s leadership and priorities. This contrast in relationships played out over the course of the session and culminated with a 42-day walk- out initiated by Senate Republicans, denying the Senate majority a quorum to advance legislation. This walkout was the Republican’s tactic for expressing their objections to HB 2002 (women’s healthcare, abortion access and gender affirming care) and HB 2005 (gun safety), which were key Democratic priorities entering the 2023 session. The walkout prevented floor votes, created a backup of 400-plus bills in the Senate, and left the LOC and other interests wondering when and if the walkout would end. Once a negotiated agreement to return was brokered, enough Senate Republicans returned to the Senate floor on June 15. The remaining 10-days was a scramble to move bills with little floor debate. Typically, the last day of a legislative session is largely ceremonial. This was not the case in 2023, when the final day saw three pieces of legislation fail to advance due to lack of votes. These included a priority housing bill from Governor Kotek (HB 3414 - Land Use). The LOC had worked with the governor and her staff to modify HB 3414 and was officially neutral going into the final day. Other interests from land use advocacy and environmental groups remained opposed. In addition, HB 3013 (Prescription Fee for Consumers) surfaced late in the session and would have added a surcharge to LOC member prescriptions at the urging of advocates for pharmacy benefit managers (PBM). The LOC and its members led this fight to oppose the bill, which would have added $5 million annually to the cost of health care for CIS members. The final bill that failed on the floor was HB 3242 (Medical Rights of Action). The LOC was not involved in this legislation. LOC Priorities: The LOC entered this session with a robust set of eight legislative priorities. Our efforts to advance these priorities were met with frustration and challenges throughout much of the session. One key priority was a joint effort with the Oregon Mayors Association (OMA). Despite a session-long effort, the OMA and LOC were unable to secure direct resources to cities despite historically high funding for those services. 2023 Legislative Bill Summary |3 Economic development was also a key priority going into the session, with our focus on sunset extensions for Oregon’s successful enterprise zone program and SIP-Gainshare. Sunset extensions were included in the second phase of Oregon’s semiconductor package, HB 2009. We found success with a series of transportation priorities, which focused on a three- session effort to extend the use of mobile and fixed photo radar for speed management to all cities through HB 2095, increased flexibility for “safe routes to school” program in HB 2099, and additional investment in the “great streets program” with HB 3113. The LOC’s lobby team was on top of every issue this session, and thanks to their work, combined with grass roots advocacy from members, many legislative concepts that could have hurt cities were stopped, or substantially amended. Our member advocacy also helped move priority legislation and advance long-term legislative advocacy. Patience and persistence are critical for the legislative work to have success. Without it, all organizations will struggle. The involvement of our cities during 2023 is notable and we are making progress, but we still have a lot of work to do. Advocacy for your cities or the collective of the LOC is a 24-7-365 effort. Please keep up the outreach with your elected officials. Stay engaged with LOC’s lobby team, build relationships that extend beyond your city and look for partners that share similar goals and objectives. Going Forward The LOC kicked off the 2023 session with City Day at the Capitol on January 25. It was a well-attended event for members and state legislators, with all members of caucus leadership present and Governor Kotek providing opening remarks. This helped set the stage for what was clearly a significant increase in grass roots advocacy efforts from the LOC’s members. Every time we needed members to testify, provide comments, or contact their members, our calls were answered. This was very important to this session’s efforts to balance other interests who did not share the LOC’s objectives. As the LOC lobby team prepares for the next session, we need members to maintain this high level of communication. We need your assistance in helping with our education efforts with state legislators. We urge you to invite them to council meetings, events, budget meetings and ask that as city leaders you make sure to attend the town halls they conduct. Every touch point between a local official and their respective state legislator is important for both the relationship and the educational opportunity. We have a long way to go, but the good news is that we are seeing measurable progress and we appreciate everyone who took time this session to become advocates. 2023 Legislative Bill Summary |4 How to Read the Bill Summaries HB 4106: Happy Valley Annexation from County Service District Effective Date: February 27, 2024 Effective Date – indicates the date on which the bill becomes effective Click on the bill number to view the full text of the bill. 2023 Legislative Bill Summary |5 CCOOMMMMUUNNIITTYY DDEEVVEELLOOPPMMEENNTT EECCOONNOOMMIICC DDEEVVEELLOOPPMMEENNTT PASSED BILLS HB 2009: Economic Development Incentive Omnibus Effective Date: September 23, 2023 This legislation combined several bills with extensions and program changes for key local government economic development programs: the Enterprise Zone Program, including the Long-term Rural and the Strategic Investment Programs (SIP) including gain-share. HB 2009 creates a new research & development (R&D) tax credit (SB 5) as part of the semiconductor industry incentive package, designed to help Oregon semiconductor companies be competitive for federal investments from the CHIPS Act (2022). The LOC supported extending the enterprise zone programs and gain-share (the SIP does not have a sunset) and opposed changes that would limit efficacy or add administrative burden (HB 3011) Proposed changes that were removed from the final bill language include a 25% school support fee, reducing the gain-share cap to $5 million, and adding a sunset to the SIP program. Enterprise Zones (HB 2199 & HB 3011) • The Enterprise Zone and Long-Term Rural Enterprise Zone programs are extended for 7 years until 2032. • School support fee: zone sponsors are required to negotiate with local school districts to establish a school support fee between 15-30%. The fee will apply to the amount of the property tax abatement in years 4-5 of the standard enterprise zone abatement and years 6-15 of the long term rural; companies receiving the enterprise zone will receive the full abatement during the first 3 years of a standard enterprise zone agreement and during the first 5 years of the long-term rural agreement. • Retail fulfillment/distribution centers are excluded from the program. • Zone sponsors will need to post the terms of agreements publicly for 21 days before finalization, except for confidential and proprietary information. • Zone sponsors will need to notify neighboring jurisdictions about potential impacts to infrastructure resulting from enterprise zone investments.  The program changes apply to enterprise zone agreements entered after September 23, 2023. Enterprise zone agreements that have already taken place will not be affected. 2023 Legislative Bill Summary |6 Strategic Investment Program (HB 3457, HB 3011, SB 1084) • The Gain-Share program is extended for 5 years until 2030. • The minimum investment value for SIP projects is increased from $100 to $150 million for urban projects and from $25 to $40 million for rural projects, and adjusts yearly for inflation. • The real market value amount that is taxable is increased from $25 million to $50 million, from $50 million to $75 million, and from $100 million to $150 million depending on project size. • The Community Service Fee cap is increased from $2.5 million to $3 million, and adjusts yearly for inflation. • Ports and any special districts that provide emergency services and public safety must enter into the agreement. • Disallowed any new strategic investment zones (SIZ). • Business Oregon must make negotiating materials available to local governments.  The program changes apply to SIP agreements entered after September 23, 2023. SIP agreements already in place will remain under the original terms of the agreement. SB 4: Oregon CHIPS Act Effective Date: April 13, 2023 SB 4 was effectively Oregon’s version of the federal CHIPS Act and served as the bridge head for critical economic development incentives during the 2023 session. The LOC and its members were very involved in the Oregon Semiconductor Competitiveness Task Force. Several recommendations from the task force were part of SB 4. These include: • $190 million for grants and loans to help semiconductor and advanced manufacturing companies to apply for federal CHIPS dollars; • $10 million for public universities to help secure federal research match grants; • $10 million for industrial land development for semiconductor related projects; and • Temporary gubernatorial authority to bring land into an urban growth boundary for up to eight locations designated for the semiconductor industry. The recommendations from the task force also included a suite of economic development incentives including extensions of Oregon’s Enterprise Zone program and the gain-share component of the Strategic Investment Program (SIP). The incentive package passed later in session (see HB 2009). 2023 Legislative Bill Summary |7 F AILED BILLS HB 2258: Industrial Site Readiness Funding HB 2258 would have extended the Business Oregon Industrial Site Readiness Program and allocated $40 million to the program. Without the extension, the program ended on July 1, 2023, and Business Oregon stopped accepting applications December 2022. There was some funding for industrial site readiness included in the Business Oregon budget bill (SB 5524). HB 2258 was a recommendation of the Semiconductor Task Force. HHOOUUSSIINNGG AANNDD LLAANNDD UUSSEE PASSED BILLS HB 2001/HB 5019: Affordable Housing and Emergency Homelessness Response Package Effective Date: March 29, 2023 On her first day in office, Governor Kotek signed three executive orders aimed at tackling the state’s housing and homelessness crisis by: declaring a homelessness state of emergency; setting an ambitious state target to increase home construction; and directing state agencies to prioritize reducing and preventing homelessness in all areas of the state. In response, the Legislature passed HB 2001 and HB 5019, also known as the “60-day housing package,” early in the session with broad bipartisan support. The 60-day housing package includes the following: • $33.6 million to prevent homelessness statewide; • $85.2 million to rehouse people experiencing homelessness and expand shelter capacity in emergency areas; • $27.4 million to rehouse people experiencing homelessness and expand shelter capacity in the 26 rural counties that make up the Balance of State Continuum of Care; • $5 million to federally recognized Tribes to address homelessness needs among tribal members statewide; • $3.9 million for emergency management response (OHCS and ODEM); • $25 million for programs supporting unhoused youth; • $20 million for modular home production to rapidly deploy affordable housing; • $3 million in a revolving loan fund to incentivize housing development with predevelopment loans for moderate-income housing; • $5 million to improve on-site workforce housing for agricultural workers; • A compromise between tenant advocates and landlords that provides renters faced with eviction for non-payment with more time to access rental assistance and other 2023 Legislative Bill Summary |8 services that will help them stay in their homes. The proposal lengthens the eviction notice timeline from 72 hours to 10 days and includes a right of redemption; and • Establishing and funding the Oregon Housing Needs Analysis (OHNA) program, which applies to cities with a population of 10,000 or more. The bill includes $3.5 million in funding at the Oregon Department of Land Conservation and Development (DLCD) for local grants for housing planning updates. That funding, in addition to investments in the DLCD budget, provides $4.75 million for housing and urbanization grants available to all cities for the 2023-25 biennium. HB 2889: Oregon Housing Needs Analysis (OHNA) Technical Fix Effective Date: July 18, 2023 HB 2889 was originally introduced as the vehicle for the Oregon Housing Needs Analysis (OHNA), which ended up being amended into HB 2001 and passing as part of the Emergency Housing Package early in session. HB 2889 was later amended to include technical clarifications for the OHNA that did not make it into HB 2001. The LOC supported HB 2889 and worked on the final language to ensure that the OHNA can be implemented as intended with minimal delay, confusion and litigation risk for cities. HB 2984: Commercial Conversions Effective Date: January 1, 2024 HB 2984 requires cities to allow conversion of a building from commercial use to residential use without requiring a zone change or conditional use permit. The bill prohibits cities from enforcing parking minimums greater than the amount allowed for existing commercial use, or the amount that may be required in lands zoned for residential uses that would allow the converted development. The LOC initially opposed the introduced bill, as it would have prohibited cities from charging system development charges (SDCs) for 15 years. The final version of HB 2984 allows cities to charge SDCs provided the charge is based on a “specific adopted policy for commercial to residential conversions” adopted on or before December 31, 2023, or if the charge is for water or wastewater and includes an offset for at least 100% of the water or wastewater system development charges paid when the building was originally constructed. Cities already tailor SDCs to the specific impacts of each development, and the LOC understands this provision will allow cities to continue charging SDCs accordingly. HB 2984 is not intended to require cities to conduct a formal SDC methodology review or update by December 31, 2023. HB 3395: End of Session Housing Package Effective Date: June 30, 2023 HB 3395, known as the end of session “Housing Package,” incorporated several bills that had advanced earlier in the session, including an omnibus housing bill, SB 847, which may require cities to make changes to local housing development policies or processes. The bill 2023 Legislative Bill Summary |9 also includes funding for local government capacity to support housing development. The sections most relevant to cities are: • Residential Use of Commercial Lands (Sections 1-2): Requires cities to approve the siting and development of housing within commercial zones if it is affordable to 60% AMI or below, or for mixed-use structures with ground floor commercial with residential units affordable to moderate income households. It does not require a city to update its comprehensive plan to implement; however, this change in use may impact a city’s employment lands availability. The bill explicitly exempts cities from having to conduct a new economic analysis or comp plan update; however, cities may still wish to consider the impact to Goal 9 for economic development and reflect and accommodate these impacts at a later date. HB 3395 requires cities to apply the residential density level most comparable to the density of commercial density currently allowed in zone, and specifies that updates or analyses relating to economic development are not required. • Residential Approval Procedures (Sections 3-6): Makes two changes to the appeals process for the Oregon Land Use Board of Appeals (LUBA) that is intended to reduce land use appeals or reduce the duration of those appeals and workload on city staff. First, it provides an extra seven days for a city to take final action final action on an application for a permit, limited land use decision, or zone change, including resolution of appeals, after an application deemed complete. Second, it allows a local government or state agency to withdraw a decision under appeal with LUBA for reconsideration, including decisions related to the development of a residential structure. • Emergency Shelter Siting (Sections 6-7): Continues the existing requirements for when cities must approve the siting of emergency shelters and updates some of the terms. It clarifies that cities do not have to hold a public hearing before approving a shelter siting application under the measure; awards attorney fees to a local government and any intervening applicant that prevail on appeal of approval, or applicant that prevails on appeal of denial; and updates the criteria for qualifying shelter operators. Notably, the shelter siting provisions will no longer sunset or lapse by a certain date, but will now be in effect until the statewide point-in-time count for total sheltered and unsheltered homeless population falls below 0.18% of the state population. • Single Exit Multifamily Dwellings (Section 8): Directs the Oregon Department of Consumer and Business Services to review and adopt updates to the Structural Specialty Code through the Building Codes Structures Board to allow residential occupancies to be served by a single exit. This section also requires updates that would reduce, to extent practicable, costs and barriers to mid-sized multifamily dwelling construction while maintaining safety, and encourage less expensive housing types allowing single-exit residential dwellings consistent with adopted building codes such as those in Seattle, Washington. 2023 Legislative Bill Summary |10 • Planned Community Act Exemptions (Section 9): Clarifies that development established on or after January 1, 2024, in which each residential unit is subject to an affordability restriction or is owned by a public benefit or religious nonprofit corporation, is not defined in Oregon law as a “planned community.” • Regulation of Condominiums (Sections 10-14): Grants the state’s real estate commissioner the exclusive right to regulate submission of property to condominium provisions of Oregon statute. This section also prohibits other restrictions or prohibitions on condominium form of ownership, including charges, taxes, fees, review or approval processes, or additional permitting requirements or conditions. If a city has local regulations specifically related to condominium permitting, they may need to be updated or eliminated. • Subdividing for Development of Affordable Housing (Section 15): Requires a city or county to accept as other assurance, one or more award letters from public funding sources made to an affordable housing developer that is or will be subject to an affordability restriction or affordable housing covenant, provided those awards total an amount greater than the project cost. This section may require cities to update their external and internal processes, and documents for analyzing and approving affordable housing development related to system development charges and entitlements. • Single Room Occupancies (Sections 16-19): Defines “single room occupancy” (SRO) as a residential development with at least four independently rented, lockable units with living and sleeping space for exclusive use of an occupant, but with shared sanitary or food preparation facilities. This section requires local governments to allow SRO development within an urban growth boundary, with up to six units per single-family zoned parcel, and with unit counts consistent with density standards of parcels allowing five or more units. It also adds SROs to the definition of “needed housing.” • Siting Duplexes (Sections 20-23): Requires cities located outside the Portland metro area with a population between 2,500 and 10,000 to allow duplexes on lots zoned for single family detached dwellings. In other words, this extends the duplex requirements established in HB 2001 (2019) to an additional 50 cities and requires those cities to adopt land use regulations or amend comprehensive plans no later than June 30, 2025. A city amending its comprehensive plan or land use regulations is not required to consider whether those amendments significantly affect existing or planned transportation facilities. The bill allows a city, no later than June 30, 2024, to request an extension from the June 30, 2025 deadline and appropriates $1,250,000 to the Oregon Department of Land Conservation and Development to provide grants to cities to assist them with the middle housing updates. • Affordable Housing on Public Utility Lands (Section 29): Allows public utilities to sell at or below market price, or gift, interest in real property for purpose of developing 2023 Legislative Bill Summary |11 affordable housing and requires such property to include an affordable housing covenant. The bill prohibits a public utility from recovering costs of the property sale or gift from customers. • Local Government Housing Support (Section 37-39): Allocates $5 million to the Oregon Department of Administrative Services (DAS) to provide grants to councils of governments (COGs) and economic development districts (EDDs) to support housing and community development capacity within cities, counties, and Tribes. COGs and EDDs are specifically directed to partner and consult with local governments, developers, financiers, the Oregon Department of Land Conservation and Development, Oregon Housing and Community Services (OHCS), other relevant state agencies and other interested public and private partners to enable local governments throughout the region to encourage community development and the development of infrastructure and needed housing, by: (a) Bridging any information gaps; (b) Identifying and securing needed resources, including infrastructure and community facilities; (c) Connecting producers of needed housing with consumers of needed housing; and (d) Working with representatives of historically underrepresented groups to overcome community-specific barriers to obtaining housing. HB 3442: Affordable Housing Development in Tsunami Zones Effective Date: July 31, 2023 HB 3442 clarifies that coastal cities may approve affordable housing development within 100-year floodplains or on property constrained by land use regulations based on natural disasters and hazards, if, within the property’s urban growth boundary, 60% of land is within a tsunami inundation zone or 30% is within a 100-year floodplain. SB 406: Tillamook County Middle Housing Updates Effective Date: July 13, 2023 This bill was introduced at the request of Tillamook County and LOC member cities to fund and update cities’ housing plans to include middle housing code. The LOC advocated ensuring the bill included appropriate funding for the cities to implement. HB 5027: DLCD Budget Bill Effective Date: July 27, 2023 HB 5027 was the budget bill for the Oregon Department of Land Conservation and Development (DLCD). The LOC supported funding in the bill for small city planning grants, with $4.75 million for housing and urbanization grants available to all cities for the 2023-25 biennium. The LOC also advocated for the budget to include $30 million for cities to implement the Climate Friendly and Equitable Communities (CFEC) administrative rules, however the Legislature allocated only $3 million. 2023 Legislative Bill Summary |12 SB 5511: Oregon Housing and Community Services (OHCS) Budget Bill Effective Date: July 27, 2023 SB 5511 is the agency budget bill for Oregon Housing and Community Services (OHCS), the state’s housing finance agency. In addition to funding for the wide range of affordable housing and stabilization services, the OHCS budget included $24.1 million to support ongoing operations needs for certain categories of existing shelters, including Project Turnkey shelters. A detailed summary of the 2023-25 OHCS budget is available here. F AILED BILLS HB 2506: Residential Facility Siting The LOC supported this bill that would have updated an existing requirement to allow residential care facilities in residential zones. HB 2506 expanded the definition of residential care facilities to include the full range of community-based behavioral health treatment facilities that are being funded by the state. The bill also applied to existing group homes for people with disabilities and a range of needs supported by these in-home care facilities. The behavioral health advocates behind the bill worked with the LOC on technical improvements. Some legislators on the House Housing Committee raised concerns about the proximity of these facilities near schools, and the bill was moved to the House Rules Committee for further consideration. HB 2506 was a land use bill and would not have changed existing public safety laws that prevent people with certain criminal histories from residing near schools. The LOC worked to advocate for the passage of HB 2506 and address any misunderstandings, however the bill did not pass. HB 2980A: Moderate-Income Affordable Housing Financing Tool HB 2980A would have seeded a $300 million state revolving loan program in which participating cities could award grants to housing developers to encourage the development of middle-income and affordable housing. Cities would repay loans using property tax revenue from the new development. This opt-in bill would give cities a new tool to encourage needed housing, including covering infrastructure costs. The LOC worked closely with the bill proponents and other stakeholders to improve the bill throughout session and will continue to advocate for passage in future legislative sessions. HB 2983: Manufactured Housing Development Funds This bill included a package of funding to preserve and develop affordable manufactured housing parks. HB 2983 also would have allocated $250,000 to the Oregon Department of Land Conservation and Development (DLCD) to develop model codes for manufactured parks and middle housing. The LOC supported the bill generally and with 2023 Legislative Bill Summary |13 specific support for the model code resources at the DLCD that would help cities encourage manufactured housing and middle housing development. HB 3569: Right to Housing The LOC opposed HB 3569 as introduced and with a -1 amendment that would have required cities to approve housing development in any residential and commercial zone and largely preempt any density standards, siting and design requirements, or ability to plan for adequate infrastructure. While the bill advanced to the House Rules Committee, keeping it alive throughout the session, it did not receive additional hearings or support. HB 3414: Governor’s Housing Production Bill HB 3414 was introduced two months into the legislative session as the governor’s priority housing bill. It required cities to approve variance requests for a wide range of residential development standards and established a new state Housing Accountability and Production Office (HAPO) to provide technical assistance and support for local development and investigate and enforce local violations of housing laws. Over the remainder of the session, the LOC worked closely with a coordinated group of cities and legislators with local government experience to gain amendments to improve implementation and reduce administrative burden on local governments, litigation, and development delays. In the final month of session, following numerous amendments and negotiations, the LOC reached a neutral position on the -14 amendment, yet continued to seek and gain additional technical improvements in yet more amendments. In the final few days of the session, HB 3414 was further amended by a -24A amendment, which established an optional, alternative process for cities to amend their urban growth boundaries for needed housing development. This “land supply” concept had been previously introduced as SB 1096, which the LOC supported after working with development stakeholders on improvements to the concept. The “land supply” concept was a priority for Republicans, but raised strong opposition from environmental advocates. The day before sine die, HB 3414A passed the House and in the final hours of the last day of the session, HB 3414A died on the Senate floor, one vote shy of reaching a constitutional majority. SB 847: Senate Omnibus Housing Bill Known as the “Omnibus Housing Bill,” SB 847 was introduced with 14 different housing-related initiatives. The LOC supported the bill sections related to emergency shelter siting and residential approval procedures and either opposed or gained improvements to the remaining sections. Ultimately, the LOC reached a neutral position on the overall bill, which was amended into HB 3395 and passed with bipartisan support. SB 1051: Urban Reserves and UGB Expansion SB 1051 with a -2 amendment would have allowed property owners to request an urban growth boundary (UGB) expansion for land within designated urban reserves 2023 Legislative Bill Summary |14 under certain circumstances. The LOC initially opposed both the introduced version and the -2 amendment to bill, due to significant technical concerns. The -2 amendment upended years of local and regional planning, agreements and investments behind the ordered use of lands in the UGB and urban reserves. Urban growth boundaries are intended to provide an indication of where development will occur at the edge of a city and urban reserves indicate where the UGB will go next. Therefore, infrastructure planning focuses on building the capacity needed to serve the expected growth in the UGB. This means that capital improvement plans contemplate the capacity that is needed to serve these areas and the financial planning that it takes to improve infrastructure meets that expectation. The -2 amendment would have reordered improvements, not just for the city, but also for the other local governments that provide urban services and connect to new development. After working closely with development stakeholders to improve the bill, the LOC supported draft updates that did not end up being posted or publicly heard. Another version of this concept was eventually amended into HB 3414, which did not pass. EENNEERRGGYY && EENNVVIIRROONNMMEENNTT PASSED BILLS HB 2530: Defining Renewable Hydrogen Effective Date: January 1, 2024 HB 2530 provides a state definition for the terms “green electrolytic hydrogen” and “renewable hydrogen.” The bill directs the Oregon Department of Energy (ODOE) to seek and apply for federal funds that may be used to support green electrolytic hydrogen and renewable hydrogen. In addition, education and increased awareness must be provided by the ODOE for groups that include Tribes, local governments, state agencies, federal agencies, private entities, academia, labor unions, and environmental justice communities. For the purposes of the bill, green electrolytic hydrogen is defined as hydrogen produced through electrolysis using one of three sources of electricity: • Electricity generated using a resource eligible for the Renewable Portfolio Standard; • Non-emitting electricity that is not derived from fossil fuels; or • Electricity that has a carbon intensity equal to or less than the average Oregon grid carbon intensity in the commercial operation date of the electrolysis facility. Hydropower is considered “non-emitting electricity” for the purposes of this definition. Additionally, the bill does not specify a production pathway for hydrogen and leaves the door open for including other production pathways. 2023 Legislative Bill Summary |15 Lastly, SB 5506 included $200,000 for Oregon's share of upfront monies in a proposal to establish a regional hub intended to move towards producing green hydrogen fuels. Many LOC members are interested in hydrogen production and its possible application. The LOC’s main concern was to ensure that local governments receive training and awareness about possible applications and uses of green hydrogen. HB 3220: Modifies Electronics Recycling Program Effective Date: September 24, 2023 Modifies provisions of Oregon’s electronics recycling program and modifies criteria for an electronics producer responsibility program. Key changes to ensure success of Oregon’s E-Cycles Program will include: • Requiring a Producer Responsibility Organization to ensure that 95% of residents are within 15 miles of a collection site; • Increasing the number of sites required in cities with a population of 10,000 or more, with more sites required based on population density; • Ensuring that any willing permitted transfer station, landfill, or material recovery facility can participate as a collection site; • Expanding the list of covered devices makes it more convenient for citizens to recycle additional items; and • Improving program stability by requiring a 90-day notice of site changes to existing collection sites and the public. HB 3409: Climate Package Effective Date: July 27, 2023 (see other effectives dates below) HB 3409 is a climate package that includes multiple bills from the legislative session. Some of the sections impact cities, while others have little to no impact on cities. There are multiple sections that impact cities: • Energy performance standards for covered commercial buildings: Creates commercial building performance standards (BPS) for existing buildings. There are two tiers with separate timelines. Tier 1 includes local government buildings and commercial buildings that are 35,000 square feet or larger. If existing buildings do not meet the BPS, owners will be required to provide upgrades to the building to meet the standards set forth in rulemaking by the Oregon Department of Energy (ODOE). HB 3409 is modeled after a similar policy in Washington state, and is in line with the American National Standards Institute’s standards for Energy Efficiency in Existing Buildings (ANSI/ASHRAE/IES Standard 100). o The bill requires the ODOE to create incentives that can be used to offset some of the costs of compliance that can be paired with federal incentives. Cities will retain the ability to create stronger standards for buildings six years or older. 2023 Legislative Bill Summary |16 o The ODOE is required to provide a support program to eligible building owners of covered commercial buildings including information and periodic training, technical assistance, and other efforts to assist eligible building owners to comply with the energy performance standard, applicable energy use intensity targets, and reporting requirements. o The ODOE may impose civil penalties for noncompliance. Some buildings that equal or exceed the square footage requirement may be exempt from the BPS, including buildings that are registered as historic buildings at the local, state or federal level. o By July 1, 2025, owners of Tier 1 buildings must be notified of energy performance standard requirements. o Starting January 1, 2028, eligible Tier 1 building owners must comply with the energy performance standard, with compliance timing based on building square footage. Owners of eligible Tier 1 buildings are to report to the ODOE concerning compliance with the energy performance standard every five years. o By July 1, 2029, the ODOE is required to update the energy performance standard. • Resilience hubs and networks: Requires the Oregon Department of Human Services (DHS) to provide grants, support, and technical assistance for resilience hubs and networks. Grants are to be awarded for planning and organizing expenses, expanding development and operations of resilience hubs and networks to provide protection from extreme weather or other potential disasters, and for community resources and services to respond to disasters. The DHS is to consult with the Oregon Health Authority (OHA) and ODOE on implementation of this measure. Was appropriated $10 million. Becomes operative on January 1, 2024. Intent for use of resilience hubs and networks: o Facilitate communication and coordination of community services; o Serve as a gathering place in the event of a disruption in the community; o Enhance the ability of a community to respond to a disruption; o Operate on a day-to-day basis to distribute food, water, information, charging stations, and medical supplies; o Support community cache sites and community members who shelter in place; o Provide childcare, training, food distribution and other services for unmet social needs in the event of an emergency; o Provide heating, cooling, air filtration and weather protection; or o Accommodate individuals with accessibility needs. The LOC strongly supported these elements of HB 2990 before the bill was packaged into HB 3409. 2023 Legislative Bill Summary |17 • Community green infrastructure grant program: Establishes the Community Green Infrastructure Grant Program to provide direct social, environmental and economic benefits to communities across this state through green infrastructure. The bill also provides the Oregon Department of Land Conservation and Development (DLCD) with $6.5 million to make grants available for: o Offsetting the cost of planning and developing community green infrastructure projects or green infrastructure economic development projects; o Developing or supporting native seed banks or native plant nurseries; or o Supporting and implementing green infrastructure master plans. The DLCD may appoint an Advisory Committee on Community Green Infrastructure Investment that will include city governments. • Urban tree canopies: The Oregon Department of Forestry will acquire and maintain an urban tree canopy assessment tool. The agency will develop and implement a program to provide technical and financial assistance to public bodies, including local governments. Assistance may be used for planning, responding to and recovering from damage to habitats and urban tree canopies due to pests, diseases or other natural or human-created conditions that lead to loss of tree canopies. This includes loss of canopy due to wildfires, drought, or pests like the emerald ash borer infestation. The effective date is immediate upon the governor’s signature. • Residential heat pump program; air conditioner and air filter deployment program: This bill modifies existing law for the residential heat pump program for air conditioner and air filter deployment to extend and provide clarity for the program. The bill also clarifies eligibility and how to determine when entities are eligible. Money is appropriated to the ODOE for the program and for the agency to work with Oregon Housing and Communiuty Services on eligible entities. Eligible entities that can apply must serve or represent environmental justice communities or communities within a region and may partner with other eligible entities for the grant. This may include local governments as the eligible entity to apply and implement the grant. The bill becomes operative on January 1, 2024. • Low-conflict solar siting: The DLCD is tasked with formulating regulations enabling local governments to authorize solar facilities while giving priority to siting that avoids conflicting with natural resource lands and valuable habitat areas. The directive also designates solar facilities as "rural industrial use" for a goal exception within Chapter 660 of Oregon's administrative rules. This section also instructs the DLCD to establish a rules advisory committee (RAC) to propose recommendations for the solar siting rules outlined in Section 35. Comprising Tribal representatives, state agencies, local governments, solar development proponents, energy and conservation advocates, environmental justice supporters, and 2023 Legislative Bill Summary |18 various industry stakeholders, this committee will also suggest additional data for the Oregon Renewable Energy Siting Assessment tool. The DLCD must finalize rules by July 1, 2025, and furnish a comprehensive report to the Legislature by December 31, 2025. The LOC participated in the discussion on energy siting and fought to ensure that local governments were at the table and consulted in any formulation of regulations. • Renewable energy incentive program updates: Extends the Oregon Solar + Storage Rebate Program’s sunset to January 2, 2029. The end of session bill, SB 5506, adds $10 million to the program. An amendment to existing legislation in Section 1 allows for solar and storage systems to be purchased together but installed separately. The systems will still need to be paired after installation. Section 70 pertains to the Renewable Energy Development Grant Program and permits a waiver of the 12-month construction requirement for renewable energy production systems if delays resulted from COVID-19-related supply chain or workforce disruptions as long as construction was commencing between March 1, 2020, and March 31, 2022. • Woody biomass for low-carbon fuels: Mandates Oregon State University's College of Forestry to develop methods and data for developing clean fuels pathways from woody biomass, focusing on repurposing wood slash piles instead of burning them. Collaboration with the Oregon Department of Environmental Quality (DEQ) and the Oregon Department of Forestry (ODF) is required to align methods with the state's clean fuels program standards. A report detailing their findings is due to the Legislature by July 31, 2025, and the bill allocates $3 million from the state’s general fund for this effort. Additionally, Section 31 of the bill revises ORS 530.050 to empower the state forester to establish a program facilitating the marketing of woody biomass conversion offtakes, allowing contracts or agreements for the conversion of biomass into energy feedstock, with transactions at fair market value. The final version had bipartisan support in the Senate but received votes along party lines in the House. It’s awaiting a final signature from the governor. The LOC remained neutral on the bill throughout the session due to concerns about certain provisions and their unfunded costs to local governments. Specifically for commercial covered buildings, knowing that incentives that will be available will not cover the full cost to meet the building performance standards. The LOC negotiated having a place on the rulemaking advisory committee and was able to protect home rule throughout the bill’s development. The LOC’s advocacy helped to protect the bill from any preemptions. The ODOE will adopt rules to establish building performance standards and must establish and consult an advisory committee that must include a representative from local government. Building owners, including local governments, must receive notice by July 1, 2025 of buildings that must meet compliance and be notified of those requirements. Starting in 2028, eligible Tier 1 building owners must comply with the building performance standard, with compliance timing based on building square footage. Owners of eligible Tier 1 2023 Legislative Bill Summary |19 buildings are to report to the ODOE concerning compliance with the energy performance standard every five years. Additional detailed information about HB 3409 can be found here. The ODOE’s full legislative report can be found here. HB 3630: ODOE Omnibus Programs Bill Effective Date: Upon Signing by the Governor HB 3630 is a package of programs related to the Oregon Department of Energy (ODOE) from varying legislation throughout the session. • Community navigator program in the Oregon Department of Energy (ODOE): During the legislative session, the LOC supported and advocated for a community navigator program in the ODOE. Over the years, Congress and the Legislature have created a variety of new energy incentive programs like the Infrastructure Investments and Jobs Act (IIJA) and the Inflation Reduction Act (IRA). These investments will bring state and federal funding to Oregon communities for energy projects. Navigating the myriad of programs and investments can be daunting and confusing. Section 1 establishes a program designed to provide information about potential funding resources and technical assistance to local governments, rural communities, Tribal governments, and other environmental justice communities. The program will work to develop energy projects or build energy related capacity for communities. Many cities lack the capacity or resources to learn about and apply for many of the programs that are available. This program was designed for this purpose and will become a critical lifeline for cities as they consider potential energy projects and what support is available. • County resilience planning grants: The legislation provides support to Oregon counties to develop and adopt energy resilience plans to be incorporated into county natural hazard mitigation plans. The bill directs the ODOE to establish a program to award $50,000 in technical assistance grants to support development of county energy resilience plans. A few qualifications are required for each energy resilience plan. It must: o Be based on a plan for short, medium, and long-term power outages; o Identify and map energy infrastructure, natural hazard risks in consultation with representatives from local environmental justice communities and identify areas that experience social vulnerability; o Identify potential locations for community resilience centers, prioritizing areas that experience social vulnerability; o Inventory the energy consumption needs of critical public services facilities; 2023 Legislative Bill Summary |20 o Identify critical public services that could enhance community resilience if served with a backup power system; o Identify opportunities to align energy infrastructure development with critical public services; o Identify schedules, priorities, and potential funding sources for developing energy resilience; and o Identify other actions and resources needed to implement the energy resilience plan. The LOC was part of a work group to establish this bill. The LOC advocated for city voices to be included in discussions on resiliency but to avoid mandating any costs on local governments or municipal owned electric utilities. The program sunsets on January 2, 2026, and the ODOE is required to report on program results by September 15, 2025. • Home energy programs and a one-stop shop: This section is designed to enable Oregon to access funding through two rebate programs aimed at promoting energy-efficient retrofits in existing homes. These programs are part of the Inflation Reduction Act (IRA). The first program, known as the High Efficiency Electric Home Rebate program (HEEHR), offers point-of-sale rebates for qualifying electrification projects in low- and moderate-income households, with a focus on projects that enhance energy efficiency, such as heat pumps, electric stoves, and weatherization. The second program, the Home Energy Performance-Based, Whole- House Rebates program (HOMES), supports performance-based rebates for home energy efficiency retrofits that achieve at least a 20% reduction in household energy consumption. This legislation also mandates the Oregon Department of Energy (ODOE), in collaboration with Oregon Housing and Community Services (OHCS), to establish and oversee these programs. The ODOE is directed to engage stakeholders and optimize the utilization of both federal and state resources to maximize the benefits of the programs. Given the new and existing federal and state incentives and rebates, the bill recognizes the need for a simplified process for Oregonians. The ODOE is required to create a comprehensive "one-stop shop" resource. This resource is meant to assist Oregonians in navigating the array of incentives, providing information, technical support, contractor identification, and financing options related to energy efficiency initiatives. The effective administration of this resource involves data exchange coordination among various entities, including federal agencies, utilities, and energy efficiency program providers, while adhering to relevant federal and state regulations, such as the Oregon Consumer Information Protection Act and ORS 192.355. The ODOE may enlist the assistance of non-profit organizations or other entities to carry out this endeavor. 2023 Legislative Bill Summary |21 HB 5016: Oregon Department of Energy Budget Effective Date: Upon Signing by the Governor HB 5016 is the budget bill for the Oregon Department of Energy (ODOE). The bill provides $121.2 million for the department in the 2023-2025 biennium. The allocation ensures enough funding so that existing work can continue at the agency. It also provides the authority and funding for new positions and enhances the agency’s use of data and a mapping tool. HB 5016 also allows for the ODOE’s Siting Division to add staff if demand for energy facility permitting increases. SB 123: Study of Recyclability Claims Effective Date: January 1, 2024 Requires the Oregon Department of Environmental Quality to study recyclability claims. The bill also directs the department to submit findings to interim legislative committees related to the environment no later than September 15, 2024. Oregon’s Plastic Pollution and Recycling Modernization Act (SB 582, 2021) directed the Department of Environmental Quality (DEQ) to establish a Truth in Labeling Task Force. According to the task force's final report, “Public confusion about what and how to recycle has been one of several root drivers of instability in Oregon’s recycling system." To address this confusion, the task force was directed to study smart labeling and make recommend- ations for legislation to the Legislature. The task force expressed that a diverse group of interested parties should identify best practices for how to integrate commonly used smart labeling technologies into labels to ensure accessibility and comprehension. SB 488: Modifies Emissions Standards for Municipal Solid Waste Incinerators Effective Date: August 4, 2023 Requires that owners or operators of municipal solid waste incinerators develop a plan to continuously monitor or sample certain emissions and make emissions data available to the Oregon Department of Environmental Quality and the public. The department may make modifications to the plan to ensure quality and accurate sampling or monitoring data. The measure also caps combustion of hospital, medical, or infectious waste at 18,000 tons per year. SB 5506: Budget Reconciliation Bill Effective Date: Upon Signing by the Governor The budget reconciliation bill made changes to the state budget for the 2023-2025 biennium. It includes several components relevant to energy and environment: • $10 million general fund for the Oregon Solar + Storage Rebate Program at the ODOE; 2023 Legislative Bill Summary |22 • $20 million general fund added to the Community Renewable Energy Grant Program (CREGP) at the ODOE; • $4.9 million toward drought-related projects and programs (part of the larger Water and Drought Package mostly found in HB 2010 and HB 2929) • $3 million to the Oregon Department of Land Conservation and Development to hire a position and otherwise support local governments in implementing climate friendly and equitable communities measures; • $1 million to the Oregon Worker Relief Climate Change Fund; • $250,000 to support the state climatologist position at Oregon State University; • Extends staffing and resources for the Oregon Rental Home Heat Pump Program at the Oregon Department of Energy; • $200,000 for Oregon's share of upfront monies for a proposal to establish a regional hub intended to move towards producing green hydrogen fuels; and • Provides funding for additional positions at the Oregon Department of Energy for oversight and support for implementation of new state and federal energy programs. FAILED BILLS HB 2164: Fish Passage Exemption Would have exempted dams that provide hydropower, drinking water or irrigation water from fish passage mandates in certain circumstances. Would also have removed the requirement that the Oregon Fish and Wildlife Commission review exemptions from fish passage mandates, and the requirement that certain commission determinations be submitted to Federal Energy Regulatory Commission. HB 2216: Public Utility Commission Rate Impact Study Would have required the Oregon Public Utility Commission to study rate impacts associated with implementing reduction of greenhouse gas emissions required by HB 2021 (2021), and directed commission to submit findings to interim committees of Legislative Assembly related to energy no later than September 15, 2024. HB 2406: Energy Facility Equipment Waste Recycling and Disposal Needs Would have directed Energy Facility Siting Council to adopt standards, for siting, construction, operation, and retirement of energy facilities that generate electricity from renewable energy source, addressing impacts of energy facility's equipment waste recycling and disposal needs over lifetime of energy facility. 2023 Legislative Bill Summary |23 HB 2685: Tax Credit for Biomass HB 2685A aimed to establish a tax credit for biomass producers or collectors from 2024 to 2030. The tax credit would have been overseen by the Oregon Department of Forestry (ODF). The credit, valued at $10 per bone dry ton, would be applicable to Oregon- produced biomass utilized for biofuel or biochar production within the state. Eligible materials encompassed forest woody debris, hardwood timber, agricultural residues, and energy crops, while certain items like offal, food waste, wastewater solids, Willamette Valley canola, and grain corn would be excluded from eligibility. This bill would have revised and refined the existing Biomass Producer or Collector Tax Credit. Biomass production can be utilized for energy purposes or hydrogen production and could be utilized to meet the state’s greenhouse gas emissions goals and an allowable use for Oregon Renewable Portfolio Standards and support the removal of invasive species like the western juniper. Due to some controversy around the use of biomass as a source of renewable energy and its limited interest to certain communities, the LOC took no position on the bill but monitored its progress in session. HB 2713: Home Rule to Prohibit Fossil Fuels HB 2713 was a simple bill that made clear that local governments have home rule constitutional authority to prohibit or limit fossil fuels in buildings or instillation of infrastructure. While the LOC is supportive of legislation that reaffirms home rule, we also were worried about the larger implications of this legislation. By declaring what is part of home rule, it opens the door for the potential argument of what is not included. It’s the LOC’s belief that home rule allows cities to have this authority but felt it was not appropriate to weigh into this conversation and used the opportunity to educate legislative members on home rule. HB 2816: High Energy Use Facilities and Clean Electricity HB 2816, with proposed -3 amendments, would have mandated new data centers or cryptocurrency operations in Oregon to be classified as "high energy use facilities" to adhere to decreasing greenhouse gas (GHG) emission limits for on-site electricity consumption. Such a facility was defined as having a base electricity load of at least 10 average megawatts annually, being a data center or cryptocurrency operation, and not obtaining electricity from investor-owned utilities subject to clean energy regulations under HB 2021. The LOC was engaged on this bill prior to and during the session. Due to significant concerns with the base bill, the LOC was able to negotiate many changes that were brought forward in the -3 amendment. Chief among those changes was removing a provision that would have voided an enterprise zone tax benefit if a “high energy use facility” did not meet the mandatory targets in the bill. The LOC sought many other changes to reduce any 2023 Legislative Bill Summary |24 possible impact to member cities and were ultimately accepted in the -3 amendment. Due to the accepted changes during negotiations, the LOC was neutral on the bill. HB 3202: Relating to Night Sky HB 3202 would have revised existing shielded lighting fixture requirements by adding provisions for emitting only as much light as required to achieve the intended purpose, and a maximum limit of color temperature of 3,000 degrees Kelvin. The measure's provisions apply to permanent and portable fixtures, including those installed on buildings or structures used for advertisement or illumination, such as spotlights, searchlights, floodlights, architectural lighting, parking lot lighting, landscape lighting, billboards, and street lighting. The measure also directs ODOT to replace outdoor lighting fixtures, as practicable and safe, with reflective markings, lines, materials, and signs. The LOC was opposed to the base bill because it mandated cities to make changes to existing lighting structures and buildings without any financial resources. Many cities are also already taking on this work voluntarily and as it becomes applicable. An unnecessary mandate would just impose costs on cities that are already burdened by other state mandates and a lack of revenue sources. The LOC engaged with proponents to remove the mandate for cities in an amendment that was created but never published due to the bill not moving in committee. SB 542: Right to Repair SB 542 aimed to mandate original equipment manufacturers to provide owners or independent repair providers access to necessary documentation, tools, parts, and devices at fair terms for diagnosing, maintaining, repairing, or updating consumer electronic equipment sold in Oregon. This also included tools or parts to disable and reset electronic security functions during repair. SB 542 attempted to ensure fair access to resources for independent repair providers, empowering consumers, and third-party repair services in the electronic equipment repair market. For the LOC, this is an equity issue for our members and their constituents and part of the Telecom Policy Committee priorities for equitable access to and affordability of technological devices. Cities that are located hours away from a legal entity to repair current equipment would have opened the opportunity for those cities to host local independent repair businesses to avoid unnecessary travel and costs for their constituents when seeking to repair an existing device. The LOC was a strong supporter of the bill and the amendment. SB 647: Prevents Local Governments from Prohibiting Natural Gas SB 647 would have prevented local governments from prohibiting natural gas use in new or existing residential or commercial buildings. This is in response to some cities that have attempted to prohibit new natural gas infrastructure in new buildings. The LOC 2023 Legislative Bill Summary |25 members are split on the use, and potential benefits or negative impacts of natural gas. Most importantly to the LOC, we opposed this bill due to potential limits on home rule authority. The bill never received a public hearing, but the Senate Republicans attempted to bring the bill forward during a floor session that was ultimately unsuccessful. SB 678: Benefits of Offshore Wind to Local Governments for Energy Grid Resilience SB 678 would have established a comprehensive state policy concerning the benefits derived from offshore wind energy development for local and regional communities, and economies. The bill required the Oregon Department of Land Conservation and Development (DLCD) to collaborate with state agencies, local governments, and affected communities for effective policy implementation. The bill was amended to emphasize that a substantial portion of the advantages stemming from offshore wind energy development should benefit local and regional communities, with an emphasis on reinvesting these benefits into local economies. While the LOC supports providing a benefit from renewable resources like offshore wind to be shared with local governments, we ultimately took no position on the bill due to the lack of movement. The bill pitted fisherman and some conservation groups against renewable energy producers, advocates, and union workers that would benefit from an increase in offshore wind projects. FFIINNAANNCCEE && TTAAXXAATTIIOONN P ASSED BILLS HB 2080: Property Tax Exemption Omnibus Effective Date: September 23, 2023 HB 2080 is the property tax omnibus bill that combined several bills with property tax exemption extensions and modifications. Since property tax revenue is often the most significant source of revenue for cities, the LOC watches property tax exemptions to reduce impact on local revenue and generally supports local option exemptions. The LOC supports sections 13-18, which streamlined the application process and reduced administrative burden for cities using the Multiple Unit Property Tax Exemption (MULTE) by allowing cities to administratively approve applications rather than requiring a city to pass an ordinance or resolution to approve each property tax exemption application. It also expanded the property tax exemption to include the entire multiple-unit property. 2023 Legislative Bill Summary |26 The LOC also supports sections 25-27 (HB 2705), which allow greater flexibility for cities to apply the property tax exemption for affordable rental housing created by (HB 2377) from the 2017 session. It adds another option for jurisdictions to scale the amount of an exemption to the percent of qualified units that are rented to occupants with an annual income (AMI) below 120%. Property Tax Exemption Extensions • HB 2062, SB 26, SB 138: Deferral for certain industrial improvements newly constructed or installed in rural areas. • HB 2065: Federal land used by recreation facility operators under permit. • HB 2066: Food processing machinery and equipment. • HB 2068: Property of centrally assessed companies. • HB 2069, SB 147: Single-unit housing. • HB 2070, SB 148: Property of surviving spouses of certain public safety officers. The summary of all sections can be found here. SB 919: Local Option ADU and Conversion Property Tax Exemption Effective Date: September 23, 2023 SB 919 creates a local option property tax exemption designed to incentivize housing production that a city or county may adopt by resolution or ordinance. The five-year property tax exemption applies to properties with newly constructed ADUs or a single- family property converted to multi-unit housing. The ordinance may include any other provisions that do not conflict with the legislation. To qualify, the property cannot be used for temporary vacation lodging and must be used as a primary residence. The combined rates of taxation of the city or county and all approving taxing districts equal 51% or more of the total combined rate of taxation on the eligible property. The city or county which adopted the exemption must create and process applications for the exemption. It applies to property tax years beginning on or after July 1, 2024. HB 2576: Local Income Tax Jurisdiction Effective Date: September 23, 2023 HB 2576 provides exclusive jurisdiction over local income tax cases and legal questions to the Oregon Tax Court, a statewide court housed in the Oregon Judicial Department that has exclusive authority to hear tax appeals. This bill arose in reaction to recently passed income-based taxes in the city of Portland, Metro and Multnomah County. The proponents stated concern that more local governments will pass income taxes. 2023 Legislative Bill Summary |27 F AILED BILLS HB 2088: Assessment & Taxation Funding HB 2088 would have diverted 3% of property tax revenues to fund the work of county assessors. The LOC opposed diverting revenue as a solution and participated in a workgroup during the session that focused on finding a more stable funding mechanism for county assessment. The workgroup did not identify a solution, and the LOC expects this issue to be brought forth in future sessions. HB 2089: Marijuana Revenue Distribution HB 2089 would have increased the revenue share cities receive from the state marijuana tax to help local governments recover from the sudden loss of revenue after Measure 110 (2020) was enacted. Measure 110 capped the total distribution amount to the recipients of state marijuana revenue at $90 million per biennium and diverted all revenue in excess to fund the Measure 110 treatment and recovery programs, causing a 73% marijuana revenue loss to local governments in the 21-23 biennium. HB 2494: Transient Lodging Tax Flexibility HB 2494 would have allowed local governments to dedicate the revenue from a 3% increase in local transient lodging tax to public safety. This bill was introduced at the request of the Eastern Oregon Counties Association. Under current law, the revenue from new or increased local transient lodging tax falls under a 70/30 split: 70% must be dedicated to tourism promotion or tourism related facilities and 30% is unrestricted in its use. Many tourist-dependent cities would like more flexibility to use lodging tax revenue to support the impacts of tourism and the demand on services including public safety, emergency preparedness, infrastructure, and housing. Increased flexibility in transient lodging tax revenue use is a priority for the LOC and we will continue to work towards this outcome in future legislative sessions. HB 2505: Local Marijuana Tax Increase HB 2505 would have allowed cities and counties to increase the tax applied to marijuana sales from 3% up to 10%. If a city increased the tax, 20% of the revenue would be shared with counties. Under current law, cities and counties may apply up to a 3% tax to marijuana sales. HB 2548: Local Income Tax Definition HB 2548 would have required local governments to conform to the state definition of income, including using the same method of sourcing and apportionment if a local government imposed an income-based tax. While Portland is the only known city that collects an income-based tax, the LOC was concerned that the effects of the bill were unknown and advocated that it be converted into a study bill. 2023 Legislative Bill Summary |28 SB 655: Property Tax Freeze SB 655 would have frozen property taxes for property owners over the age of 68 who would qualify for the senior property tax deferral program run by the Oregon Department of Revenue (DOR), but do not because there is a reverse mortgage on their home. Under the current senior property tax deferral program, the amount of taxes collected by local taxing districts does not change, just which entity pays it. The state, through the DOR, pays the property tax instead of the homeowner. SB 655 would have introduced a new structure to the senior deferral program with a frozen assessed value. A frozen value (or exemption or special assessment) would lower the amount of taxes owed, which reduces resources for cities and other recipients of property tax revenue. SB 858: Children’s Service Districts SB 858 would have authorized the creation of children’s districts and provided them with the authority to levy permanent property taxes. Adding more taxing districts could lead to compression and properties already in compression would see increased compression causing further revenue loss to taxing districts. Compression is a reduction in taxes that would otherwise be levied but must be reduced due to the 1990 Measure 5 caps of $5 for education and $10 for local government. GGEENNEERRAALL GGOOVVEERRNNMMEENNTT BBEEHHAAVVIIOORRAALL HHEEAALLTTHH P ASSED BILLS HB 2395: Opioid Crisis Effective Date: August 4, 2023 HB 2395 removes barriers to the delivery of more effective short acting overdose reversal medications. Currently, state law allows first responders and a wide array of other private and public sector employees to administer Naloxone to reverse an opioid overdose. However, similar but improved medications have come on the market that are not covered by the statute. HB 2395 corrects that shortcoming, while also decriminalizing the possession of fentanyl testing strips and allowing local governments access to bulk purchasing of overdose rescue medications. 2023 Legislative Bill Summary |29 HB 2513: Measure 110 Adjustments Effective Date: January 1, 2025 HB 2513 adjusts the delivery of treatment and harm reductions resources administered by the Measure 110 Oversight and Accountability Committee (OAC) and creates a dedicated executive director to oversee the program within the Oregon Health Authority (OHA). The bill does make administrative improvements to the implementation of Measure 110 but does not address the larger systemic failure of the initiative to curb Oregon’s addictions crisis. The LOC supported the creation of a clear staffing structure in the OHA and other process improvements but opposed the final version of the bill, as it failed to include local government and public safety interests on the governing board. HB 2513 was needed to address the failure of the OHA and OAC to deliver harm reduction and treatment services on time and dysfunction in the program. The LOC advocated for more meaningful reform of Measure 110, but legislative priority was focused on administrative improvements. HB 2757: 988 Funding Effective Date: September 23, 2023 HB 2757 creates the 988 Trust Fund and imposes a $.40 tax per month on each telecommunication device line to fund that service. It also prevents local governments from taxing, adding a fee or surcharge on telecommunications services to fund 9-8-8. 988 operates as a behavioral health emergency crisis line and connects those in crisis to mobile intervention teams. In the event the 988 call centers are fully funded by the tax, excess revenue may be used to fund crisis teams. Cities may access these funds but must enter a memorandum of understanding with their county. State law already requires each county to establish mobile crisis intervention teams, but HB 2757 creates the first dedicated funding for this service. The LOC was opposed to the pre-emption and worked with the bill sponsors to narrow the scope of the pre-emption and ensure that cities would have a path to accessing the new 9-8-8 funds. EELLEECCTTIIOONNSS PASSED BILLS HB 2004: Ranked Choice Voting Effective Date: Various HB 2004 submits to Oregon voters the question of whether to conduct primary elections for President, U.S. Senate, Congressional Representative, and statewide offices by ranked choice voting. Notably, the bill does not apply to legislators. This system of voting, also called “instant run-off,” allows voters to rank their preference for an office. Votes are tallied 2023 Legislative Bill Summary |30 by counting the first choice marked on all ballots. If no candidate receives a simple majority in the first round, the lowest scoring candidate is eliminated in the second round and their voters have their next ranked choice counted. HB 2004 also allows, but does not require, cities to utilize this method of voting. The bill also requires the secretary of state to conduct a study of and issue a report on elections laws and procedures that would impede implementation of the bill if approved by voters. HB 2004 does not grant cities any new authority, and some cities have already switched to this voting method. Voters will decide the issue in the general election of November of 2024. HHEEAALLTTHH IINNSSUURRAANNCCEE F AILED B ILLS HB 3013: Pharmacy Subsidies HB 3013 sought to create licensing and regulation of pharmacy benefit managers but also sought to impose an additional $10 increase in pharmacy fees. The LOC was neutral on licensing and regulatory requirements but opposed to requiring public insurance plans to subsidize pharmacies. The additional fees and changes to the way insurers negotiate with network pharmacies would have cost employers in the CIS pool an additional $5 million. Cities procuring health insurance from other sources and self-insured employers would have been similarly impacted. HB 3013 passed the House by a wide margin but only garnered 14 votes in the Senate due in large part to the advocacy of city leaders. PPAARRKKSS PASSED BILLS SB 812: Drone Regulation Effective Date: January 1, 2024 SB 812 grants cities and other park owners the authority to regulate or prohibit the take-off and landing of drones by resolution or ordinance. Currently, a state preemption prevents cities from regulating drones generally, and a federal preemption prevents regulations once they’ve taken off. Under SB 812, which was introduced at the request of the LOC, cities will be able to determine which parks or portions of parks are appropriate for drone take-offs and landings. They will, however, be required to allow public safety and utility use and provide an affirmative defense for violations due to emergency landings. 2023 Legislative Bill Summary |31 PPUUBBLLIICC EEMMPPLLOOYYEEEE RREETTIIRREEMMEENNTT SSYYSSTTEEMM PASSED BILLS HB 2296: Work After Retirement Effective Date: January 1, 2024 HB 2296 extends for 10 years the ability of all retired Public Employee Retirement System (PERS) members to return to work for an unlimited number of hours. The Legislature granted this ability in 2019 as part of larger PERS reforms and required employers to pay down their unfunded pension liabilities with a portion of the savings from hiring retirees. The statute has exceeded expectations in its benefit to the public, employees and employers and will be allowed to continue for an additional decade. HB 2296 was introduced at the request of the International Association Fire Fighters and was supported by the LOC. PPUUBBLLIICC CCOONNTTRRAACCTTIINNGG PASSED BILLS SB 594: Prevailing Wage for Demolition Work Effective Date: September 23, 2023 SB 594 requires payment of prevailing rate of wage for demolition or removal of hazardous waste from a road, highway, building, structure, or improvement in a public improvement contract that uses $750,000 or more of public funds, or that occurs on property owned by a public agency, including demolition or removal of hazardous waste that occurs in connection with construction, reconstruction, renovation or painting of road, highway, building, structure or improvement. The bill is not a significant departure from current law and clarifies hazardous waste removal is subject to prevailing wage. SB 1047: Public Contract Threshold Increase Effective Date: September 23, 2023 SB 1047 allows a public agency to award contracts for goods and services up to $25,000 by what means they find practicable, including direct procurement. Currently, public agencies are allowed to purchase up to $10,000 in goods and services without seeking bids or using more rigorous contracting means. The bill was introduced at the request of Governor Kotek and passed both chambers by wide margins. 2023 Legislative Bill Summary |32 F AILED B ILLS SB 850: Project Labor Agreements SB 850 would have required project labor agreements, a type of collective bargaining contract specific to the construction industry, on public improvements costing $1 million or more and utilizing at least $750,000 in public funds. The bill was aggressively opposed by the LOC as it would have increased project costs and significantly reduced the number of contractors eligible to bid on projects. While SB 850 received multiple public hearings, it never advanced to a work session. It is unclear if the bill will be re-introduced in subsequent sessions, and the direct advocacy of city leaders was a major factor in its defeat. PPUUBBLLIICC RREECCOORRDDSS AANNDD OOPPEENN MMEEEETTIINNGGSS PASSED BILLS HB 2295: Veterans Preference in Public Contracting Effective Date: September 23, 2023 HB 2295 expands the existing public contracting preference available to disabled veteran owned businesses to most other veteran owned businesses. To qualify under this bill, a business must be 51% owned by a qualifying veteran, the owner must manage the day-to- day operation of the enterprise, and it must have annual revenues below $23.98 million. HB 2295 was introduced at the request of Beaverton Mayor Lacey Batey and received wide support. HB 3572: Benefit Corp Contracting Preference Effective Date: September 23, 2023 HB 3572 allows, but does not require, a public contracting agency to grant a 5% preference to a certified B-Corp when awarding a public contract. A B-Corp is defined as a for-profit business which considers its impact on society and the environment. The bill was supported by the LOC as it allows cities greater local control in the public contracting process. SB 510: Public Records Advocate Assessment Effective Date: September 23, 2023 SB 510 allows the state’s Office of the Public Records Advocate (PRA) to assess a fee on state agencies to fund their training and mediation activities. While the bill does not authorize an assessment on local governments, cities are encouraged when utilizing PRA 2023 Legislative Bill Summary |33 services.to consider the potential for this legislation to be expanded during a future legislative session. HB 2805: Serial Meetings and OGEC Enforcement Effective Date: September 23, 2023 HB 2805 prohibits a city council or other public body subject to Oregon’s open meeting requirements from conducting a serial meeting and gives the Oregon Government Ethics Commission (OGEC) authority to enforce the new standard. A serial meeting is defined as the participation of a quorum of a city council or public body in a communication over time. Not all members of a quorum need to participate in that communication at any one time, but if through a series of texts, emails, messaging apps or conversation a quorum is involved, they would be in violation. The Oregon Court of Appeals has ruled the types of meetings described in HB 2805 are already prohibited by law, but that decision was reversed on technical grounds. The LOC has trained city officials since 2016 to avoid such meetings, as the courts would likely make the same findings if presented with a similar case. Public officials will also have to attend or view an approved training on open meetings once during their term of office. While the OGEC will have the authority to enforce open meetings law, a city will also have the opportunity to cure a violation before a complaint may proceed. HB 2806: Executive Session Expansion Effective Date: July 13, 2023 HB 2806 allows a city council to meet in executive session to discuss the safety and security of facilities, volunteers, employees, and city officials, as well as cyber security issues. As with all other executive sessions, the city may not vote or reach a final decision. The bill contained an emergency clause and became effective on the governor’s signature. HB 3111: Employee Privacy Effective Date: May 5, 2023 HB 3111 corrects a discrepancy in public records law that allowed the private information of public employees and volunteers to be released in a public records request when that data was contained outside of a personnel file. Under HB 3111, personal contact information, home addresses and emergency contacts are prohibited from being released regardless of which type of record contains the information. However, this information may be released in the event that a clear and convincing showing reveals that doing so is in the best interest of the public. The bill also gives members of public pension and retirement plans operated by local governments the same strong protections as PERS participants. 2023 Legislative Bill Summary |34 FAILED BILLS SB 160: Mandatory Public Records Fee Waiver SB 160 would have required public records requests made by journalists to receive a full or partial waiver of fees. Current law allows an agency to charge the actual costs of providing a public record and allows the agency and requestor to refine a request to reduce costs and expedite the delivery of information. The LOC testified against the bill, which received one public hearing and was not subject to additional consideration. SB 417: Public Records Advisory Council Bill SB 417 was introduced at the request of the Public Records Advisory Council and was designed to reduce fees charged to journalists for public records requests. The bill received a public hearing and was the subject of an extended workgroup but remained in committee on adjournment. LOC staff anticipate similar legislation to be introduced in subsequent legislative sessions but in a heavily amended form. PPUUBBLLIICC SSAAFFEETTYY PASSED BILLS SB 340: Organized Retail Theft Effective Date: January 1, 2023 SB 340 gives police and prosecutors greater ability to combat organized retail theft by: • Allowing organized retail theft committed in multiple counties to be charged collectively in any county where the offenses were committed; • Creating a 24-month presumptive sentence for repeated offenses of organized retail theft or other similar crimes; • Elevating offenses to first degree theft if a person commits a theft which causes substantial risk of injury to another person; and • Increasing the period from 90 to 180 days within which the value of merchandise can be aggregated to satisfy requirements for the offense of organized retail theft. SB 340 was the product of a workgroup sponsored by the Oregon Department of Justice and the NW Grocers Association and was supported by the LOC. Organized retail theft has increased in prices for consumers, damaged commercial health of cities and proven difficult for Oregon’ criminal justice system to deter. 2023 Legislative Bill Summary |35 SB 615: Street Racing Effective Date: September 23, 2023 SB 615 increased penalties and enforcement options against organized street racing events. Specifically, the bill: • Modifies the definition of the offense of organizing a speed racing event to include a person who places an obstruction or barricade on a highway or assists another person in doing so to facilitate, or to aid another person participating in, speed racing or reckless driving; • Reduces the penalty for the offense of organizing a speed racing event from a Class C felony to a Class A misdemeanor unless the defendant has been convicted of the same crime within the last five years; • Modifies the definition of the offense of reckless driving to include behavior associated with speed racing; and • Adds reckless driving to offenses for which property used or intended to be used to commit or facilitate prohibited conduct may be subject to criminal forfeiture. Since 2015, eight people in Oregon have been killed in speed racing-related events and large organized races on city streets have disrupted traffic and caused public alarms in recent years. SB 615 was a priority for the Oregon Association of Chiefs of Police and passed both chambers by wide margins. HB 2316: Any Impairing Substance Effective Date: January 1, 2023 HB 2316 expands Oregon’s prohibition on driving while intoxicated to include any impairing substance. Under current law, persons driving while impaired by over-the-counter medications or huffing glue could not be charged with driving while under the influence of intoxicants. This bill closes the gap in state statute to allow all drivers chemically impaired to be charged. BBUUDDGGEETT BBIILLLLSS PASSED BILLS SB 5533: Department of Public Safety Standards and Training Effective Date: July 27, 2023 SB 5533 funds the Oregon Department of Public Safety Standards and Training (DPSST) for the upcoming biennium. The agency performs several public safety training and regulatory functions, and of principle concern to cities is Oregon’s police academy. Due to strong advocacy on the part of police chiefs, sheriffs, and local leaders, the DPSST budget was 2023 Legislative Bill Summary |36 increased sufficiently to permit the agency to run concurrent academies, allowing twice the number of police officers to be trained in the first year of the biennium. Due to lingering impacts of COVID, combined with increase police hirings, the agency was experiencing a six-month or more training backlog for basic police certification academies. The additional appropriations allow the DPSST to train officers faster for a limited time, but that could be expanded by the state’s Emergency Board if the current effort proceeds according to plan. TTEELLEECCOOMM,, CCYYBBEERRSSEECCUURRIITTYY && BBRROOAADDBBAANNDD PASSED BILLS HB 2049: Establishes Cybersecurity Center of Excellence Effective Date: October 1, 2023 This bill establishes the Cybersecurity Center of Excellence (CCOE) at Portland State University (PSU), which will be jointly administered with Oregon State University (OSU) and the University of Oregon (UO). The center will provide cybersecurity education, awareness, and training to public, private, and nonprofit sectors. HB 2049 establishes a Workforce Development Fund and a Grant Program Fund to provide cyber support for local governments and grow the cybersecurity workforce in Oregon. The bill also establishes an Oregon Cybersecurity Advisory Council (OCAC) within the CCOE. Cities receive a direct spot on the advisory council, and this position will be appointed by the governor in consultation with the director of the CCOE and the state’s chief information officer. The CCOE will also provide direct assessment, monitoring, incident response, and competitive grants to local government bodies for cybersecurity-related goods and services. Due to a lack of funding by the Legislature, HB 2049 was amended to remove the state matching funds necessary for the federal State and Local Cybersecurity Grant Program. The LOC will monitor future opportunities for a member city to serve on the Cybersecurity Advisory Council and provide details for when the CCOE is available as a resource for local governments. HB 2490: Public Records Exemption – Cybersecurity Effective Date: January 1, 2024 HB 2490 clarifies that state disclosure laws exempt public records concerning cybersecurity plans, devices and systems, including contractual and insurance records setting forth specifications, applications and coverages. This bill would allow cities to protect the 2023 Legislative Bill Summary |37 confidential information and security details of their systems from malicious actors and used against them in a high threat environment. The concept was brought forward by the city of Eugene and supported by the LOC Telecom Policy Committee. This bill clarifies that local governments can prevent disclosure of information in the interest of protecting systems from cybersecurity breaches and removes the ambiguity of possible court challenges when withholding sensitive records that relate to the security of city systems. Cities need to know that records pertaining to cybersecurity plans, devices and systems, including contractual and insurance records setting forth specifications, applications and coverages will be exempt from public disclosure starting on January 1, 2024. HB 3201: Aligning Oregon Statute to Maximize Federal Funding for Broadband Effective Date: Upon Signing by the Governor HB 3201 aligns Oregon statute in the Oregon Broadband Fund with guidance and best practices from federal programs. The bill aligns speed and eligibility requirements with the BEAD and ARPA infrastructure programs to ensure Oregon can maximize the funding allocations while removing all requirements for future broadband funding that can be determined through rule or the programs they apply to. HB 3201 also ensures that any changes in federal programs allows to statute by the Oregon Broadband Office (OBO) in consultation with the Oregon Broadband Advisory Council (OBAC) update the statute for the Broadband Fund to align with updated guidance or best practices. Oregon is set to receive about $900 million from the federal government for broadband infrastructure and digital equity purposes. The goal of this bill was to ensure that Oregon cities and potential applicants have as much flexibility to spend this funding according to what guidance allows. It removes barriers from previous speed definitions and eligibility requirements that could have prevented some cities from applying for these grants and the state’s ability to receive the entirety of the funds that have been allocated. Cities need to start connecting with nearby communities, their county, local ISPs, community groups, and other interested parties to identify the broadband needs of their communities and to partner together on creating grant applications prior to the funds becoming available. The LOC was able to help negotiate a final amendment in the Senate with proponents and advocates that kept the integrity of the bill and our main concerns intact, created definitions that aligned with the federal funds and the flexibility to update those definitions if guidance changes. The LOC strongly supported and led the coalition efforts on HB 3201. 2023 Legislative Bill Summary |38 F AILED BILLS HB 2766: Broadband and Wireless Study Bill HB 2766 would have required the Oregon Broadband Office (OBO) to conduct a study on barriers, investment, and deployment of wireline and wireless broadband internet service infrastructure by unserved and underserved communities. The bill identified barriers as process and cost, permitting, regulatory, and economic feasibility. HB 2766 is another attempt by industry to limit local government’s ability to charge right-of- way fees and permitting for infrastructure purposes under the guise of trying to better map current broadband infrastructure. The LOC strongly opposed this effort. It’s clear this effort will not go away, and the LOC will remain vigilant towards future efforts. HB 3249: Industry Broadband Bill This bill was an attempt by industry to counter HB 3201 with its own version. HB 3249 differed from HB 3201 by creating strict parameters for how broadband funding could be spent in the Oregon Broadband Fund. These limitations ran counter to federal broadband funding guidance and best practices and would have limited Oregon’s ability to serve all our unserved and underserved communities. The impact could have meant less funding for Oregon than what the state deserved and left some communities out from being able to apply for the broadband grants. The LOC opposed HB 3249 and successfully killed the bill in the House. SB 635: Authorizes County Governments to Charge a Fee for Right of Way Permits SB 635 was introduced on behalf of the Association of Oregon Counties (AOC). It aimed to allow counties to require and charge fees for permitting to construct or alter lines, fixtures, or facilities within their right-of-way of public roads under county jurisdiction. It also authorized county governments to charge utilities for costs resulting from failure of utilities to relocate utility facilities in highway right of way under certain circumstances. Cities have the authority to charge right-of-way and permitting fees and are an important source of revenue for LOC members. An interim workgroup has been established to find a solution for AOC and the LOC has asked to participate in those discussions. It’s fully expected that similar legislation will come back in either 2024 or 2025. SB 943: Broadband Service Infrastructure Program SB 943 would have created a new Oregon Broadband Service Infrastructure Program to assist in planning and developing high-speed broadband service infrastructure 2023 Legislative Bill Summary |39 in unserved and underserved areas. Eligible recipients awarded grants or loans would have needed to create performance agreements to establish broadband infrastructure in designated areas, reaching at least 95% of customers. The bill also clarified that money in Broadband Fund are appropriated to Oregon Business Development Department (OBDD) for the purpose of providing grants or loans under program and established by rule. Additionally, the bill required the OBDD, through the Oregon Broadband Office (OBO), to implement a program offering grants or loans to support residents and businesses in high-cost broadband service areas, aiming to provide access to broadband services at rates comparable to those outside such areas. The LOC was opposed to SB 943 but worked with Senator Brock Smith on a coalition bill, HB 3201, to address his reasons for introducing SB 943. TTRRAANNSSPPOORRTTAATTIIOONN P ASSED BILLS HB 2095: Photo Radar Authority Effective Date: January 1, 2024 Currently only 10 cities in Oregon (Albany, Beaverton, Bend, Eugene, Gladstone, Medford, Milwaukie, Oregon City, Portland and Tigard) can use mobile photo radar for managing speed under ORS 810.438. Portland is the only city allowed to use fixed photo radar sites away from intersections, and only on roads where a high number of accidents have occurred. This legislation extends authority for the use of fixed and mobile photo radar to all 241 cities in Oregon. In addition, all cities will be able to use mobile and fixed photo radar on “high-speed” corridors instead of being confined to a “high-crash” corridor. Finally, the local speed setting authority will allow cities to adjust local street speeds by as much as 10 miles per hour. HB 2098: Interstate Bridge Replacement Effective Date: July 1, 2023 This legislation commits Oregon to $1 billion toward the Interstate Bridge Replacement (IBR). Oregon’s funding matches the state of Washington’s commitment made earlier this year. HB 2098 did not advance during session, however the bonding authorization is in HB 5005. The funding commitment is in the Christmas Tree bill, HB 5506. Finally, SB 1049 has additional funding components. Oregon’s funding commitment comes entirely from general obligation (GO) bonds of $250 million over four consecutive biennia. With the funding commitments from Oregon and Washington, a joint grant application for federal 2023 Legislative Bill Summary |40 funds will be submitted with hopes of seeing more than $3 billion in federal funding toward an estimated $6.3 billion cost. HB 2099: Safe Routes to Schools/Omnibus Transportation Bill Effective Date: September 24, 2023 Safe Routes to Schools have been a focal point for many communities and the state; specifically, to improve safety along school access routes. The portion of this omnibus transportation bill includes improvements to the program by expanding eligibility criteria for Safe Routes to School grants and eliminating minimum cash match for grants. These changes should result in a more expansive program in the future. HB 2101: Fund Exchange Effective Date: On Passage For the last three years, the Oregon Department of Transportation’s (ODOT) has struggled to maintain stable pass-through funding from the federal Surface Transportation Block Grant (STBG) program, which funds the local government fund exchange program. The LOC, along with the Association of Oregon Cities (AOC), has worked on multiple solutions to extend the program until additional state funding can be identified. HB 2101 creates a stable funding source for fund exchange, because ODOT will allocate $35 million annually from its share of state highway fund revenue and transfer straight to the fund exchange. There are 43 cities, 31 counties and seven small Metropolitan Planning Organizations (MPO) that benefit from this legislation. HB 2793: Jurisdictional Transfer Committee Effective Date: June 22, 2023 Jurisdictional transfer of transportation facilities has long been an important part of transportation policy for cities. This issue has, however, lacked a funding commitment from the state and a process or criteria for evaluating transportation routes that are prime for transfer to a local community or the state. HB 2793 creates an 11-member committee and criteria to evaluate prospective routes to consider for transfer. The committee membership will have state-wide representation and be appointed by the governor. During each odd numbered session, the committee will bring up to three transportation routes for consideration by the Legislature. HB 3113: Expanding Great Streets Program Effective Date: July 1, 2023 This legislation allocated $10 million from the state’s general fund to the Oregon Department of Transportation’s (ODOT) Great Streets program. This is an effort to build on the infusion of $50 million already programed by ODOT that was received as flexible federal transportation funds through the Infrastructure Investment and Jobs Act (IIJA). The 2023 Legislative Bill Summary |41 Great Streets program is intended to improve mobility options and increase safety in communities on state facilities. Project funding for the program is based on a series of factors including proximity to main streets in communities. F AILED BILLS HB 3556: Abandoned RV Disposal The LOC participated in a lengthy, multi-stakeholder workgroup prior to and during the 2023 session. HB 3556 was the product of that effort. The goal was to find a solution that would improve the current process of recreational vehicle (RV) removal from local streets as well as locations outside of urban areas. While every effort was made to find a workable outcome, the workgroup was unable to reach a consensus solution that balanced costs associated with the removal process. The LOC will continue to advocate for the establishment of a funding source and reimbursement program to help clear the state backlog of abandoned RVs and will continue to work with our local government partners and the Oregon Department of Transportation. SB 933: Prohibition on Tolling Due to the ongoing debate over the use of tolling to finance transportation projects, several legislative concepts were introduced during the 2023 session. The concepts ranged from delaying the use of tolls to mandated revenue sharing with local governments as well as an outright prohibition on tolling. SB 933 would prevent the use of tolls on Interstate 205 and Interstate 5, except for the I-5 Bridge Replacement (IBR) project. This legislation also requires ODOT to conduct evaluate other funding sources for bridge replacement projects. None of the proposed legislative concepts received hearings. Legislative leadership and Governor Kotek agreed to delay tolling efforts for the Abernethy Bridge projects and lane expansion on Interstate-205 until January of 2026. In addition, a special transportation committee to review tolling was established. This new Special Subcommittee on Transportation Planning will oversee ODOT's infrastructure repair and modernization plans, including efforts to mitigate the impact of tolling on vulnerable communities. The committee will meet over the next couple of years to frame recommendations on the use of tolling in advance of the 2025 session. 2023 Legislative Bill Summary |42 WWAATTEERR && WWAASSTTEEWWAATTEERR PA SSED BILLS HB 2010: Drought Package Omnibus Bill Effective Date: June 22, 2023 The Bipartisan Drought Relief and Water Security Package represents a collection of more than a dozen pieces of legislation pulled into one as an omnibus addressing all things drought relief. What started as a $250 million dollar package was narrowed to about $110 million. The LOC was actively engaged on the ‘Drought Package’ and key provisions are as follows: • Water Reuse and Recycling o Directs the Oregon Department of Environmental Quality (DEQ), in consultation with the Oregon Water Resources Department, to address barriers to, and develop technical assistance resources to support, expanded beneficial water reuse or recycled water programs and projects. The DEQ is to submit a final report, which includes completed resources developed, to the interim committees of the Legislature related to water no later than September 15, 2024. • Source Drinking Water Protection o Directs the Oregon Watershed Enhancement Board (OWEB) to establish a program to provide grants of up to $3 million to water suppliers to protect, restore, or enhance sources of drinking water. • Water Well Abandonment, Repair and Replacement Fund Program Changes o Expands eligibility criteria to include projects for the abandonment, repair or replacement of water wells used for household purposes in areas of ground water contamination, if contaminant levels in the water from the water wells exceed levels permitted under drinking water standards. • Low-Income Water Rate Report o Requires the Legislative Policy and Research Office to submit a report on processes and outcomes in Oregon related to recent federal funding opportunities to assist low-income drinking water, wastewater, and stormwater ratepayers on or before January 15, 2024. • Integrated Water Resources Strategy o Adds the Oregon Watershed Enhancement Board (OWEB) and the Oregon Department of Agriculture (ODA) to the list of agencies the Oregon Water 2023 Legislative Bill Summary |43 Resources Department (WRD) is to work with in developing an integrated state water resources strategy. • Place-Based Planning Grants o The measure appropriates $2 million from the state’s general fund for deposit in the Place-Based Water Planning Fund, along with a $2 million Other Funds expenditure limitation to expend monies from the fund. Place-based integrated water resources planning means a collaborative and inclusive process designed to gather information to develop a shared understanding of water resources and identify critical issues and knowledge gaps. The process also would examine the existing and future in-stream and out-of-stream water needs for people, the economy, and the environment. • Aquifer Recharge Grant Program o Makes a one-time appropriation of $3 million from the state’s general fund for deposit in the Aquifer Recharge Fund. Grants may be awarded to perform certain due diligence activities related to aquifer recharge and aquifer storage and recovery. The measure also directs the Oregon Business Development Department to establish and administer an Aquifer Recharge Testing Forgivable Loan Program for certain costs associated with aquifer recharge, storage, and recovery testing. • Oregon Association of Water Utilities o Appropriates $1 million from the state’s general fund to the Oregon Department of Administrative Services to contract with the Oregon Association of Water Utilities to perform or subcontract to perform a study of the vulnerabilities and needs of small and very small community systems. The agencies would also provide technical, financial, and managerial support and resources to small and very small community water systems and hire and employ one training specialist and two technical assistance providers to address the identified needs and vulnerabilities. HB 2238: Removal Fill Fees Effective Date: September 24, 2023 Fees for removal-fill permits are currently set in statute and only cover about 25% of the costs associated with administration of the removal-fill program. The remainder of the programmatic costs are covered by funds transferred from the state’s Common School Fund. Since statehood, the state of Oregon owns and manages lands, the revenue from which is directed to the Common School Fund (revenue comes from leasing of land, lands that have been sold and the harvesting of timber). The Common School Fund provides annual distributions to Oregon’s 197 public school districts. HB 2238 allows the Oregon 2023 Legislative Bill Summary |44 Department of State Lands (DSL) to adopt removal-fill fee via administrative rulemaking. The DSL estimates approximately $1.65 million per year is transferred from the Common School Fund to cover the removal-fill program. Currently, the highest fee level that the DSL can charge for a removal-fee permit is $1,470. HB 2238 l gives the director of the DSL authority to adopt a new fee structure. The bill provides the DSL with two years to adopt rules to reflect an appropriate fee structure to support the level of service associated with permitting. The DSL testified they may look to the 401-certification program (Oregon Department of Environmental Quality) as a model for the removal-fill fee structure. In addition, HB 2238 outlines a process by which the DSL may remove personal property from state lands, including requirements for notice and storage. HB 2929: Injunctive Relief for Water Law Violations Effective Date: January 1, 2024 Authorizes the Oregon Water Resources Department (WRD) to seek temporary or permanent injunctive relief at the circuit court for Marion County, or the circuit court in the county where the activity takes place, if a person has engaged in: an activity that violates water right permitting; unlawful use or appropriation of groundwater, including well construction and operation; interference with a headgate; or the unauthorized use of wastewater. The LOC testified as neutral, sharing our concerns with a broad definition that would have given authority to take any action related to water law violations. An initial draft would have provided too broad of authority to the Water Resources Department. HB 3097: Simplifies In-Pipe Hydroelectric Projects Effective Date: January 1, 2024 Allows municipal corporations or people’s utility districts to apply for water use certificates for hydroelectric purposes within a piped conduit in an artificial delivery system that is delivering water for municipal uses regardless of who holds the underlying municipal water right, if written authorization by that holder is given. Streamlines application process for cities to use in-pipe hydroelectric projects. HB 3195: Modifies Eligibility for Clean Water State Revolving Fund Effective Date: January 1, 2024 Broadens the definitions of public agency and treatment works for purposes of eligibility for financial assistance from the Clean Water State Revolving Fund (CWSRF). The CWSRF is a federal-state partnership that provides communities with low-cost financing for a wide range of water quality infrastructure projects. 2023 Legislative Bill Summary |45 HB 3208: Department of Environmental Quality Fees Effective Date: January 1, 2024 Authorizes the Oregon Environmental Quality Commission to annually adjust fees for certain Department of Environmental Quality (DEQ) programs up to a maximum amount of 3% per calendar year. This includes fees related to sewage disposal and associated licensing, septage treatment, subsurface injection of fluids, sewage treatment works certification, and fees for state certification under Federal Water Pollution Control Act. The bill also repeals the statutorily established fee schedule for subsurface injection of fluids. Impacts related to fees DEQ can charge. HB 3211: Water Right Certificates/Authorized Point of Diversion Effective Date: July 21, 2023 Authorizes holder of specific water right certificates to change the authorized point of diversion and place of use without losing priority of the right under specified conditions. The LOC engaged on this bill to emphasize regulatory certainty and the importance of having flexibility to change point of diversion or place of use of existing storage water rights. SB 718: Drought Impacts on Forfeiture of Water Rights Effective Date: January 1, 2024 Provides that a year in which the governor declares that drought exists or is likely to exist within a county does not count toward the five-year water right forfeiture period. The LOC partnered with the Association of Oregon Counties in support of this legislation to mitigate the impact of droughts on water rights forfeiture. SB 835: ADU Connections to Septic System Effective Date: January 1, 2024 Directs the Oregon Environmental Quality Commission to adopt rules regarding the conditions to approve a proposal to permanently connect an accessory dwelling unit to the same subsurface sewage disposal system or alternative sewage disposal system as a single-family dwelling on the same lot or parcel. HB 5018: Department of Environmental Quality Budget Effective Date: July 27, 2023 Background on Budget: Sixty percent of Oregon’s water quality program is funded through permit fees, with 40% funded through the state’s general fund. The approved budget includes additional policy option packages that will fund positions for onsite septic permitting and drinking water source protection (with specific attention to areas programmatic expertise necessary to implement federal grants). It also provides funding 2023 Legislative Bill Summary |46 for continued work associated with Oregon’s water data portal, as well as increased debt- service that is necessary for Oregon to accept federal Clean Water State Revolving Funds. Unfunded Policy Option Packages and Reductions: The budget does not include agency policy option package requests that would have invested additional state funding for water quality standards and assessments, wastewater permitting positions, stormwater permitting, one TMDL implementation position (state funding to restore a position reduction due to a federal funding shortage), IWRS support, groundwater management evaluation, domestic well testing, stabilized legal services funding, sustained laboratory infrastructure services, and cross-program regional support. In addition, the budget resulted in certain reductions to programs/positions, including a reduction of $735,000 to services/supplies and IT services. Fee Implications: The budget does not include additional permitting program staffing enhancements, so it is anticipated that NPDES/MS4 permits will not see fee increases beyond the automatic, annual 3% adjustments that are authorized in statute. There will likely be slight fee increases associated with the onsite septic program to support new positions that were included in the budget. HB 5030: Lottery Bond Authorization Effective Date: July 1, 2023 Authorizes the issuance of lottery revenue bonds for specified projects – including $30 million to recapitalize the Special Public Works Fund (SPWF) for critical infrastructure funding. The governor’s request budget asked for $90 million to recapitalize the SPWF; the LOC requested $125 million, and the Legislature approved $30 million. Provides the bonding for recapitalization of SPWF. SB 5524: Business Oregon Budget/Special Public Works Fund Effective Date: July 1, 2023 Appropriates specified amount from the general fund to the Special Public Works Fund, which provides low-cost financing to eligible municipalities for planning, design, and construction of utilities and facilities essential to industrial growth, commercial enterprise, and job creation. A 2021 report, produced by the LOC in coordination with Portland State University, lays out a $23 billion need in water and wastewater infrastructure over the next 20 years. F AILED BILLS HB 2647: Harmful Algal Blooms Would have declared harmful algal blooms a threat to safe drinking water and directed the Oregon Health Authority and the Department of Environmental Quality to identify causes and point sources associated with harmful algal blooms, and submit a report. 2023 Legislative Bill Summary |47 HB 2765: South Suburban Sanitary District Reuse Would have granted the South Suburban Sanitary District with the exclusive right to use and sell treated wastewater (discharged by the district) into the Klamath River or its tributaries. South Suburban had recently learned from the Oregon Department of Environment Quality that it needs to build a new wastewater treatment plant. As part of that discussion, the district engaged in conversations about where they would discharge the water. A nearby irrigation district, which is connected to the Klamath Wildlife Refuge, has indicated it would like to utilize the treated effluent (which will be treated to reuse quality). However, the pipeline required for conveyance would cost approximately $20 million. The bill would have allowed for the river to serve as a natural conveyance system. HB 3123: PFAS Study Bill Requested by the Oregon Association of Clean Water Agencies, the bill would have provided $525,000 in state general funds to have Oregon State University conduct a study of the fate and transport of per- and polyfluoroalkyl (PFAS) in biosolids. The bill required OSU to collaborate with the Oregon Department of Environmental Quality and Oregon wastewater service providers to: • Identify PFAS concentrations in biosolids produced by selected wastewater treatment facilities in this state; • Compare the PFAS concentrations identified to PFAS concentrations in the selected agricultural fields where biosolids have been applied as a soil amendment; • Examine the potential for PFAS to leach into groundwater; and • Examine PFAS uptake in representative crops from various ecosystems in this state. HB 3125: Low-Income Household Water Rate Assistance (LIHWA) Would have provided additional funding to the state’s Public Drinking Water and Sewer Ratepayer Assistance Fund. The first-of-its-kind program was established by Congress through the appropriation of $638 million in the Consolidated Appropriations Act (CAA) of 2021 and an additional $500 million in the American Rescue Plan Act (ARPA) of 2021. Oregon received nearly $15 million to provide LIHWA assistance to low-income households who have a significant water burden. Payments go directly to the owners and operators of water and wastewater utilities. Households apply for assistance through their local community action agency. SB 405: Microfibers Would have prohibited the sale of new clothes washers, after January 1, 2026, unless the washers are equipped with a built-in or in-line microfiber filtration system. SB 949: Modifies Fees for Dredging Would have authorized a port to assess public bodies for a share of the cost of 2023 Legislative Bill Summary |48 removing sediment from port waters where a public body owns or controls a culvert, creek, or other water course that discharged into port waters during the calendar year prior to the assessment year. Bill would have charged cities for dredging fees. WWIILLDDFFIIRREE PPOOLLIICCYY && FFUUNNDDIINNGG P ASSED BI LLS SB 80: Community Risk Reduction Effective Date: July 1, 2023 This legislation combines funding allocations for wildfire risk reduction plans and policy improvements. Despite the ongoing wildfire risk in communities, the Legislature only funded $3 million for the Community Risk Reduction (CRR) program and did not meet a $40 million funding request from the Oregon State Fire Marshal’s office. There is also a change in how the Wildfire Risk Map will be described. The changes have dropped “risk” and inserted “hazard,” so the new map will be a Wildfire Hazard Map (WHP). A series of other changes include notification of WHP will be limited to landowners in the extreme and high hazard categories. There are also additional details on the standard of public engagement to improve community engagement and education. The eligibility of home hardening will include an allocation of $7 million, with $20 million committed to the landscape resiliency fund. More details of this legislation can be found here. SB 509: Wildfire Omnibus Bill Effective Date: On Passage This legislation establishes a grant and incentive program through the Oregon State Fire Marshal’s Office that will support communities, counties, and the public in reducing wildfire risk. In addition, SB 509 will establish a neighborhood protection cooperative program to coordinate, streamline, and improve programs that will assist with reducing wildfire risk in and around neighborhoods. A user-friendly website for the public to access information along with a 20-year strategic plan is part of this legislation. What will be needed from the Legislature is a long-term commitment to fund the program and not lose ground on a growing amount of lands that present risk of future wildfire ignition. More details of this legislation can be found here. 2023 Legislative Bill Summary |49 F AILED BILLS SB 5542: Municipal Wildfire Assistance Program (MWAP) – Funding Request The LOC made a priority budget request of $3 million to re-fill the MWAP. This program has been instrumental for several fire-impacted communities from 2020 Labor Day fires, assisting in planning-related costs and ongoing assistance. This program was not funded, but the LOC is preparing an Emergency Board request for later this year to re-fill this critical funding resource. VVOOTTIINNGG MMAATTRRIIXX OVERVIEW Since the 2021 session, the LOC has prepared a full session bill summary that includes a voting matrix. The motivation for this was to share public information on legislation that is important to the LOC and our members. The legislation displayed is a cross section of bills that the IGR team worked on during the 2023 session. There are seven bills displayed that LOC supported, one bill that we opposed and another that we were officially neutral on. All these bills were voted on in the House and Senate during this session. All bills except for HB 3113 made it out of both chambers and were signed by Governor Kotek. What this voting matrix is: The intent of the voting matrix is to provide members with a sense of where important issues stood with the legislature. By looking at the vote count you can get a sense of how the bill is viewed by members of the House and Senate. Keep in mind that there are many reasons why a legislator votes the way they do. It could be a caucus vote that is needed to pass key legislation, it could be related to the legislation not being strong enough to support. What this voting matrix is not: This is not a scoring sheet and should not be used in that manner. Several interest groups will select pieces of legislation to score for the purpose of developing grades for legislators based on their voting history. This voting matrix is not being used as such, and we recommend that our members not use it as anything related to a grade or performance. Voting Key 2023 Legislative Bill Summary |50 If a Red 0 appears in a green highlighted bill, then the legislator opposed legislation the LOC supported. If a Blue + appears in a green highlighted bill, then the legislator supported legislation the LOC supported. If a Red 0 appears in a red highlighted bill, then the legislator opposed legislation the LOC opposed. If a Blue + appears in a red highlighted bill, then the legislator supported legislation the LOC opposed. E – Signifies an excused absence as determined by the House or Senate Clerk with approval from the respective chamber’s leadership. A – Notes an absence from a vote that was not excused. 2023 Legislative Bill Summary |51 2023 Legislative Bill Summary |52 INDEX BY BILL NUMBER HB 2001/HB 5019: Affordable Housing and Emergency Homelessness Response Package ......................................................................................................... 7 HB 2004: Ranked Choice Voting ..................................................................................... 29 HB 2009: Economic Development Incentive Omnibus .................................................. 5 HB 2010: Drought Package Omnibus Bill ...................................................................... 42 HB 2049: Establishes Cybersecurity Center of Excellence ........................................... 36 HB 2080: Property Tax Exemption Omnibus ................................................................ 25 HB 2088: Assessment & Taxation Funding ................................................................... 27 HB 2089: Marijuana Revenue Distribution .................................................................... 27 HB 2095: Photo Radar Authority .................................................................................... 39 HB 2098: Interstate Bridge Replacement ...................................................................... 39 HB 2101: Fund Exchange ................................................................................................ 40 HB 2164: Fish Passage Exemption ................................................................................. 22 HB 2216: Public Utility Commission Rate Impact Study .............................................. 22 HB 2238: Removal Fill Fees ............................................................................................. 43 HB 2258: Industrial Site Readiness Funding ................................................................... 7 HB 2295: Veterans Preference in Public Contracting ................................................... 32 HB 2296: Work After Retirement .................................................................................... 31 HB 2316: Any Impairing Substance ................................................................................ 35 HB 2395: Opioid Crisis ..................................................................................................... 28 HB 2406: Energy Facility Equipment Waste Recycling and Disposal Needs .............. 22 HB 2490: Public Records Exemption – Cybersecurity .................................................. 36 HB 2494: Transient Lodging Tax Flexibility.................................................................... 27 HB 2505: Local Marijuana Tax Increase ......................................................................... 27 HB 2506: Residential Facility Siting ................................................................................ 12 HB 2513: Measure 110 Adjustments ............................................................................. 29 HB 2530: Defining Renewable Hydrogen ...................................................................... 14 HB 2548: Local Income Tax Definition ........................................................................... 27 HB 2576: Local Income Tax Jurisdiction ......................................................................... 26 HB 2647: Harmful Algal Blooms ..................................................................................... 46 2023 Legislative Bill Summary |53 HB 2685: Tax Credit for Biomass ................................................................................... 23 HB 2713: Home Rule to Prohibit Fossil Fuels ................................................................ 23 HB 2757: 988 Funding ..................................................................................................... 29 HB 2765: South Suburban Sanitary District Reuse ....................................................... 47 HB 2766: Broadband and Wireless Study Bill ............................................................... 38 HB 2793: Jurisdictional Transfer Committee ................................................................. 40 HB 2805: Serial Meetings and OGEC Enforcement ...................................................... 33 HB 2806: Executive Session Expansion ......................................................................... 33 HB 2816: High Energy Use Facilities and Clean Electricity ........................................... 23 HB 2889: Oregon Housing Needs Analysis (OHNA) Technical Fix ................................. 8 HB 2929: Injunctive Relief for Water Law Violations .................................................... 44 HB 2980A: Moderate-Income Affordable Housing Financing Tool ............................. 12 HB 2983: Manufactured Housing Development Funds ............................................... 12 HB 2984: Commercial Conversions ................................................................................. 8 HB 3013: Pharmacy Subsidies ........................................................................................ 30 HB 3097: Simplifies In-Pipe Hydroelectric Projects ...................................................... 44 HB 3111: Employee Privacy ............................................................................................ 33 HB 3113: Expanding Great Streets Program ................................................................. 40 HB 3123: PFAS Study Bill ................................................................................................. 47 HB 3125: Low-Income Household Water Rate Assistance (LIHWA) ............................ 47 HB 3195: Modifies Eligibility for Clean Water State Revolving Fund ........................... 44 HB 3201: Aligning Oregon Statute to Maximize Federal Funding for Broadband .... 37 HB 3202: Relating to Night Sky ....................................................................................... 24 HB 3208: Department of Environmental Quality Fees ................................................. 45 HB 3211: Water Right Certificates/Authorized Point of Diversion .............................. 45 HB 3220: Modifies Electronics Recycling Program ....................................................... 15 HB 3249: Industry Broadband Bill .................................................................................. 38 HB 3395: End of Session Housing Package ..................................................................... 8 HB 3409: Climate Package .............................................................................................. 15 HB 3414: Governor’s Housing Production Bill .............................................................. 13 HB 3442: Affordable Housing Development in Tsunami Zones ................................. 11 2023 Legislative Bill Summary |54 HB 3556: Abandoned RV Disposal ................................................................................. 41 HB 3569: Right to Housing .............................................................................................. 13 HB 3572: Benefit Corp Contracting Preference ............................................................ 32 HB 3630: ODOE Omnibus Programs Bill ....................................................................... 19 HB 5016: Oregon Department of Energy Budget ......................................................... 21 HB 5018: Department of Environmental Quality Budget ............................................ 45 HB 5019/HB 2001: Affordable Housing and Emergency Homelessness Response Package ......................................................................................................... 7 HB 5027: DLCD Budget Bill ............................................................................................. 11 HB 5030: Lottery Bond Authorization ............................................................................ 46 SB 4: Oregon CHIPS Act ..................................................................................................... 6 SB 80: Community Risk Reduction ................................................................................. 48 SB 123: Study of Recyclability Claims ............................................................................. 21 SB 160: Mandatory Public Records Fee Waiver ............................................................ 34 SB 340: Organized Retail Theft ....................................................................................... 34 SB 405: Microfibers .......................................................................................................... 47 SB 406: Tillamook County Middle Housing Updates .................................................... 11 SB 417: Public Records Advisory Council Bill ................................................................ 34 SB 488: Modifies Emissions Standards for Municipal Solid Waste Incinerators ....... 21 SB 509: Wildfire Omnibus Bill ......................................................................................... 48 SB 510: Public Records Advocate Assessment.............................................................. 32 SB 542: Right to Repair .................................................................................................... 24 SB 594: Prevailing Wage for Demolition Work .............................................................. 31 SB 615: Street Racing ....................................................................................................... 35 SB 635: Authorizes County Governments to Charge a Fee for Right of Way Permits .......................................................................................................................... 38 SB 647: Prevents Local Governments from Prohibiting Natural Gas ......................... 24 SB 655: Property Tax Freeze ........................................................................................... 28 SB 678: Benefits of Offshore Wind to Local Governments for Energy Grid Resilience .............................................................................................................. 25 SB 718: Drought Impacts on Forfeiture of Water Rights ............................................. 45 SB 812: Drone Regulation ............................................................................................... 30 2023 Legislative Bill Summary |55 SB 835: ADU Connections to Septic System .................................................................. 45 SB 847: Senate Omnibus Housing Bill ........................................................................... 13 SB 850: Project Labor Agreements ................................................................................ 32 SB 858: Children’s Service Districts ................................................................................ 28 SB 919: Local Option ADU and Conversion Property Tax Exemption ........................ 26 SB 933: Prohibition on Tolling ........................................................................................ 41 SB 943: Broadband Service Infrastructure Program .................................................... 38 SB 949: Modifies Fees for Dredging ............................................................................... 47 SB 1047: Public Contract Threshold Increase ............................................................... 31 SB 1051: Urban Reserves and UGB Expansion ............................................................. 13 SB 5506: Budget Reconciliation Bill ................................................................................ 21 SB 5511: Oregon Housing and Community Services (OHCS) Budget Bill ................... 12 SB 5524: Business Oregon Budget/Special Public Works Fund .................................. 46 SB 5533: Department of Public Safety Standards and Training .................................. 35 SB 5542: Municipal Wildfire Assistance Program (MWAP) - Funding Request .......... 49 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Subject: Climate-Friendly & Equitable Communities Rules (Parking) (PP 22-0001) Meeting Date: September 5, 2023 Report Date: August 25, 2023 Staff Member: Erik Olson, Long Range Planning Manager Department: Community Development Action Required Advisory Board/Commission Recommendation ☐ Motion ☐ Approval ☐ Public Hearing ☐ Denial ☐ Ordinance ☐ None Forwarded ☐ Resolution ☒ Not Applicable ☐ Information Only Comments: On January 20, 2023, the City received approval from the Department of Land Conservation and Development for a deadline extension until December 31, 2024 to comply with Phase B of the Climate-Friendly and Equitable Communities rules. ☒ Council Direction ☐ Consent Agenda Staff Recommendation: Approve the proposed work plan and direct staff to develop code amendments that comply with Phase B of the State’s Climate-Friendly and Equitable Communities parking rules by December 31, 2024. Recommended Language for Motion: n/a Project / Issue Relates To: Implementing requirements for Phase B of the State’s Climate- Friendly and Equitable Communities rules for parking reform. Issue before Council (Highlight Policy Question): Provide direction on the City’s response to Phase B of the State’s Climate-Friendly and Equitable Communities rules for parking reform. ☒Council Goals/Priorities: “Combat climate change and strengthen the community’s resilience to climate impacts” and Diversity, Equity, and Inclusion ISSUE BEFORE COUNCIL Provide direction to staff on a proposed work plan to develop code amendments that comply with Phase B of the Department of Land Conservation and Development (DLCD)’s Climate- Friendly and Equitable Communities (CFEC) parking rules by December 31, 2024. 9.1 Page 2 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY EXECUTIVE SUMMARY At the Council’s September 5 study session, a representative from DLCD will provide an overview of the CFEC rules for parking reform and staff will provide an update on the City’s efforts to comply with CFEC requirements. Staff will then ask Council for direction on a proposed work plan to develop code amendments that comply with Phase B of the CFEC parking rules by December 31, 2024. The City already complies with Phase A of the CFEC parking requirements under OAR 660-012- 0430 and 660-012-0440 through the direct application of the DLCD rules, which became effective on January 1, 2023. Phase A required cities reduce parking mandates for multifamily residential developments and eliminate parking mandates for affordable housing, childcare facilities, facilities for people with disabilities, small residential units (< 750 sq. ft.), and all development within ½ mile of frequent transit corridors. See Parking Phase A, below. The City also complies with DLCD requirements for electric vehicle conduits under OAR 660- 012-0410 through the direct application of the rule, which became effective on April 1, 2023, and the state building code (ORS 455.417(4)). This rule mandates that 40% of all vehicle parking spaces must have “electrical service capacity,” e.g., conduit, to serve electric vehicle (EV) charging for new multifamily residential buildings with five or more residential dwelling units and new mixed-use buildings consisting of privately-owned commercial space and five or more residential dwelling units. See Electric Vehicle Conduit Requirements, below. Phase B of the parking reform component of CFEC requires that the City comply with one of three parking policy reform options, as summarized under Parking Reform Options, below. Staff has reviewed the CFEC rules and determined that, while the City already complies with some of the Phase B parking requirements (e.g., the designation of Climate-Friendly Areas), more time will be needed to select from the Parking Reform Options and implement. See Parking Reform Phase B, below. Since the last City Council update, the City requested and received approval from DLCD for an alternative deadline of December 31, 2024, to comply with the parking rules for Phase B of CFEC (see Attachments 3 and 7). This extension was necessary to balance staff workload and in order to better coordinate changes in parking policy with the development of the City’s Housing Production Strategy (HPS). See Project Schedule, below. BACKGROUND On March 10, 2020, then-Governor Kate Brown issued Executive Order 20-04 (Attachment 10), directing state agencies to reduce climate pollution. In response, the Land Conservation and Development Commission (LCDC) directed DLCD to draft updates to Oregon's transportation and housing planning rules and to convene a rulemaking advisory committee to help guide rule development. Page 3 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY On August 17, 2022, LCDC adopted permanent rules to guide the implementation of the CFEC program. These rules require that cities in the state’s eight metropolitan areas – including cities in the Portland Metro area – update their comprehensive plans and development regulations to reduce greenhouse gas (GHG) emissions, with a particular focus on reducing emissions from transportation, such that Oregon can meet its climate mitigation goals by the year 2050. Per Attachment 8, the rules require cities – including Lake Oswego – to, “change their local transportation and land use plans to do more to ensure Oregonians have more safe, comfortable ways to get around, and don’t have to drive long distances just to meet their daily needs.” The rules are intended to, “improve equity, and help community transportation, housing, and planning serve all Oregonians, particularly those traditionally underserved and discriminated against” (Attachment 8). More specifically, the rules mandated that cities implement requirements related to electric vehicle charging, parking reform, housing, and transportation planning on a multi-phased schedule, as follows: • Parking Phase A – compliance by December 31, 2022 • EV Charging – compliance by March 31, 2023 • Housing in Climate-Friendly Areas – compliance by December 31, 2023 • Transportation System Plan Update – deadline TBD, likely November 2024 o Cities must comply within one year of the adoption of Metro’s Regional Transportation Plan (RTP) update, currently scheduled for November 2023 • Parking Reform Phase B – DLCD-approved alternative deadline is December 31, 2024 See below for more discussion of each of the above-mentioned elements required for compliance with CFEC rules. PARKING PHASE A The City met the December 31, 2022 deadline for compliance with Phase A of the CFEC parking reform rules [OAR 660- 012-04301 and 660-012-0440 2]. Beginning on January 1, 2023, the following parking rules became applicable by direct application of the DLCD rules to new development in Lake Oswego: • No parking is required within ¾ mile of rail stations or ½ mile of frequent transit corridors (one-hour or greater service); • Only one parking space per unit is required for multifamily residential development, regardless of location; and 1 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293032. 2 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293034. Page 4 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY • No parking is required for small residential units (<750 square feet), affordable units 3, child care uses, facilities for people with disabilities, or shelters. While there are no rail stations within the City of Lake Oswego, TriMet Bus Line #35 is the City’s most frequent bus transit line and is considered a “frequent transit corridor” for the purpose of the CFEC rules. Accordingly, there are no parking requirements within one-half mile of the service route of Bus Line #35, which covers a broad corridor along Highway 43/State Street and in Downtown Lake Oswego. As allowed under CFEC rules, staff received direction from the Council to apply these rules directly – instead of adopting them as amendments to LOC Chapter 50, the Community Development Code (“Development Code”). The City has published technical resources to aid in that process, and is promoting the exemption by making the information available on our public-facing, interactive GIS map as well as a cross-reference in the Parking Standard (LOC 50.06.002) in the online code. A map of areas where parking requirements have been superseded pursuant to Phase A of the CFEC parking reform [OAR 660-012-0440] is included below and in Attachment 4; staff notes that the one-half mile distance from Bus Line #35 shown in the map is based on straight distance and does not consider topography. (Staff Memo continues on next page) 3 “Affordable housing” is defined in OAR 660-039-0010 as: “(a) Housing units available for rent, with or without government assistance, by households who meet applicable maximum income limits, not to exceed 80 percent of the area median income, adjusted for family size, as determined based on data from the United States Department of Housing and Urban Development or its successor agency, and in a manner so that no more than 30 percent of the household’s gross income will be spent on rent and utilities; (b) Housing units available for purchase, with or without government assistance, by households who meet applicable maximum income limits, not to exceed 80 percent of the area median income, adjusted for family size, as determined based on data from the United States Department of Housing and Urban Development or its successor agency, and in a manner so that no more than 30 percent of the household’s gross income will be spent on home loan or mortgage payments, amortized interest, property taxes, insurance, and condominium or association fees, if any; or (c) Spaces in manufactured dwelling parks available for rent, with or without government assistance, by households who meet applicable maximum income limits, not to exceed 100 percent of the area median income, adjusted for family size, as determined based on data from the United States Department of Housing and Urban Development or its successor agency.” Page 5 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Page 6 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY ELECTRIC VEHICLE CONDUIT REQUIREMENTS The City met the March 31, 2023 deadline for compliance with the EV charging requirements of the CFEC, per OAR 660-012-0410 4, by direct application of the state rule. As such, 40% of all vehicle parking spaces are now required to have “electrical service capacity,” e.g., conduit to serve electric vehicle charging for the following development types: • New multifamily residential buildings with five or more residential dwelling units; and • New mixed-use buildings consisting of privately-owned commercial space and five or more residential dwelling units. Staff notes that these requirements relate to the electric service capacity provided within the building’s parking areas, but do not require that actual EV charging stations be provided. The state defines “electric service capacity” in ORS 455.417 5 to refer to two parts: 1. A designated location or space for electrical service, if not actual service. 2. A conduit system from that location to parking spaces. That conduit system must be able to support wiring for installation of Level 2 or above electric vehicle charging stations. Similar to Phase A of the parking rules, this rule is applied directly; no changes have been made to the Development Code to implement this requirement. The online code notes this requirement in LOC 50.06.002.2.a.i by an Editor’s Note. For ease of implementation, staff recommends that the Development Code be amended to include the above-mentioned EV conduit requirements concurrently with the code amendments that will be required for Phase B of the CFEC parking requirements (due December 31, 2024). HOUSING IN CLIMATE-FRIENDY AREAS The CFEC rules for housing in OAR 660-008-00106 and 660-012-03107 generally do not apply to cities in the Portland metropolitan area, as they are intended to support the implementation of the existing Metro 2040 Growth Concept. Because cities in the Portland metropolitan area were already required to designate Town Centers and adopt implementing regulations in compliance with Metro’s 2040 Growth Concept and Urban Growth Management Functional Plan, such cities – including Lake Oswego - do not need to take additional action to comply with the CFEC rules for housing in climate-friendly areas. Staff notes that the City’s existing Town Centers were mapped in Lake Grove and Downtown, and these will serve as the City’s “Climate-Friendly Areas” for the purpose of CFEC compliance. Again, no additional action is required for the City of Lake Oswego to comply with these rules. 4 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293028. 5 Available at https://oregon.public.law/statutes/ors_455.417. 6 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=292984. 7 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293018. Page 7 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY TRANSPORTATION SYSTEMS PLAN UPDATE Under CFEC rules for Scenario Planning (OAR Chapter 660, Division 44), Metro is required to undertake scenario planning as it updates the Regional Transportation Plan (RTP) for the purpose of reducing greenhouse gas emissions from motor vehicles. (OAR 660-044-0045). Following Metro’s adoption of updates to the RTP, cities in the Portland metro area are required to update their transportation system plans (TSPs) for consistency with the RTP within one year of RTP adoption. (OAR 660-045-0055). TSPs in metropolitan areas must include the elements required by OAR 660-0012-01008. The elements that will be new to Lake Oswego’s TSP are indicated in boldface, below: … (2) A transportation system plan shall include the following core elements: … (f) Areas with concentrations of underserved populations as provided in OAR 660-012- 0125, identified using best available data; … (h) A major equity analysis as provided in OAR 660-012-0135, or an engagement- focused equity analysis as provided in OAR 660-012-0135 for urban areas under 5,000 in population; and … On July 10, 2023, Metro released a draft 2023 RTP and made the document available for public comment. Metro must complete its RTP update by December 6, 2023, though its current work plan aims to complete the update in November 2023. Based on this schedule, Lake Oswego’s deadline to update the City’s TSP will likely be November 2024. PARKING REFORM - PHASE B The rules for Phase B of the parking reform requirements under CFEC are contained in OARs 660-012-0012(4)(f)9, 660-012-0400 10, 660-012-0405 11, and 660-012-0415 12 through 660-012- 0450 13. In January of this year, the City received approval from DLCD (Attachment 3) for an alternative deadline of December 31, 2024, to better coordinate changes in parking policy for compliance with Phase B of CFEC with the development of the City’s Housing Production Strategy (HPS) as 8 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=292997. 9 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301173. 10 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293026. 11 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301177. 12 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301178. 13 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293036. Page 8 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY required under House Bill 2003 (2019)[codified within ORS 197.290 - .296]. This extension allows additional time for our community to consider CFEC’s policy options for parking reform, together with options related to housing production, which we expect will achieve better outcomes for the climate while encouraging the production of needed housing. Parking Regulation Improvement [OARs 660-012-0405 and 660-012-0415] Baseline requirements for compliance with Phase B of CFEC parking reform are outlined in OAR 660-012-040514 and 660-012-0415 15. In summary, these rules require the City to improve existing parking regulations by: • Requiring preferential placement of carpool/vanpool parking; • Allowing redevelopment of any portion of a parking lot for bike or transit uses; • Allowing and encouraging redevelopment of underutilized parking for other uses; • Allowing and facilitating shared parking; • Requiring that surface parking lots more than ½ acre in size have either 40% tree canopy, include green energy technology, or include solar panels; • Requiring street trees along driveways or a minimum of 30 percent tree canopy coverage over parking areas; • Requiring the provision of pedestrian facilities between buildings and pedestrian- oriented rights-of-way; and • Establishing off-street parking maximums in appropriate locations, such as downtowns, designated regional or community centers, and transit-oriented developments. In addition, OAR 660-012-0415 specifies that cities with greater than 25,000 population in the Portland metro area – including Lake Oswego – must set certain parking maximums in appropriate locations, such as downtowns, designated regional or community centers, and transit-oriented developments. Staff notes that, under Metro’s existing Functional Plan requirements, Lake Oswego (LOC 50.06.002.2.a.ii(3) – 125% of unadjusted minimum parking requirement) and other Metro area cities already implement parking maximums in such areas, in compliance with the parking maximum-related rules in OAR 660-012-0405(5). Parking Reform Options [OAR 660-012-0420 through 0450] Further requirements for compliance with Phase B of CFEC parking reform are outlined in OAR 660-012-042016 through 660-012-0450 17. 14 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301177. 15 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301178. 16 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293030. 17 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=293036. Page 9 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY In general, these rules require the City to reform existing parking mandates based on the three following options: Source: CFEC Parking Reform Overview, DLCD, November 16, 2022. Option 1 offers the simplest route to compliance, but would require the City to repeal all parking requirements in the Development Code. Options 2 and 3 are alternative routes that would both allow the City to maintain parking requirements but would require the City to impose an extensive list of additional restrictions on those requirements. Requirements for Option 1 As mentioned above, Option 1 would require the City to repeal all parking requirements in the Development Code. Such a policy would represent a significant shift for the City, as the City’s parking standards in LOC 50.06.002 have only expanded in scope since they were originally adopted in 1961 – over 60 years ago (Ordinance 781). However, staff notes that the City has already complied with DLCD’s rule that eliminates required parking within one-half mile of Bus Line #35, as explained above under Parking Phase A. This compliance effectively eliminated parking requirements throughout most of the west side of Lake Oswego, including significant portions of the Birdshill, First Addition-Forest Hills, Page 10 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Foothills, Evergreen, Lakewood, Old Town, Hallinan, Glenmorrie, and Skylands neighborhoods, as well as a small portion of the McVey-South Shore neighborhood. Thus, Option 1 would primarily entail the removal of parking requirements in the City’s 17 other neighborhoods, in addition the neighborhoods listed above, including those areas that are more than one-half mile from Bus Line #35. As described in Attachment 2, there are now eight Oregon cities that have repealed parking mandates citywide in compliance with CFEC Option 1: Portland, Salem, Corvallis, Tigard, Bend, Albany, Central Point, and most recently Beaverton. While parking requirements no longer exist in these areas, development codes nonetheless allow developers to voluntarily provide parking, and staff still expects that developers in Lake Oswego will provide parking spaces even where they are not required. Per Attachment 6: Most builders in communities without parking mandates still provide some parking with new developments. Some of them provide less than previously mandated, or provide it off-site. Others provide more than previously mandated, as their market analysis or lenders indicate that’s what their customers want. This is how builders currently act; for example, a student-focused development on the edge of Corvallis provided 2.7 spaces per unit, higher than mandated. The concept of reducing local parking requirements is not new, and such policy has been implemented in cities throughout the world with the intent of reducing housing costs, increasing business development, and producing more climate-friendly outcomes. Attachment 8 provides the following rationale for reducing local parking minimums: Excess parking has a significant negative impact on housing costs, business costs, the feasibility of housing development and business redevelopment, walkability, air and water pollution, climate pollution, and general community character. Parking mandates force people who don’t own or use cars to pay indirectly for other people’s parking. Carless households tend to be the poorest households. Parking demand varies significantly from development to development, and about one-sixth of Oregon renter households own zero vehicles. Planning practices of the past have imposed a one-size- fits-all requirement everywhere, creating incentives to own more cars and drive more. Compliance with Option 1 would involve a relatively straightforward code amendment to repeal the City’s existing parking requirements, with no further action required to comply with other Phase B CFEC parking rules. Requirements for both Options 2 and 3 Under Options 2 or 3, CFEC rules require compliance with all eight land use regulations in OAR 660-012-042518, excerpted below. While the Development Code partially complies with some 18 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301179. Page 11 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY of these requirements (as indicated by regular typeface), the Development Code does not comply with four of the eight items (which are shown in bold): (2) Cities and counties shall adopt and enforce land use regulations as provided in this section: (a) Garages and carports may not be required for residential developments; (b) Garage parking spaces shall count towards off-street parking mandates; (c) Provision of shared parking shall be allowed to meet parking mandates; (d) Required parking spaces may be provided off-site, within 2,000 feet pedestrian travel of a site. If any parking is provided on site, required parking for people with disabilities shall be on site. If all parking is off-site, parking for people with disabilities must be located within the shortest possible distance of an accessible entrance via an accessible path and no greater than 200 feet from that entrance; (e) Parking mandates shall be reduced by one off-street parking space for each three kilowatts of capacity in solar panels or wind power that will be provided in a development; (f) Parking mandates shall be reduced by one off-street parking space for each dedicated car-sharing parking space in a development. Dedicated car-sharing parking spaces shall count as spaces for parking mandates; (g) Parking mandates shall be reduced by two off-street parking spaces for every electric vehicle charging station provided in a development. Parking spaces that include electric vehicle charging while an automobile is parked shall count towards parking mandates; and (h) Parking mandates shall be reduced by one off-street parking space for every two units in a development above minimum requirements that are fully accessible to people with mobility disabilities. In Lake Oswego, shared or off-site parking is allowed to meet minimum requirements if located within 500 ft – 1,000 ft of the site depending on the zone.19 (Staff Memo continues on next page) 19 Within commercial, public use, industrial and campus institutional zones, parking may be provided on remote lots within said zones which are within 500 ft. of the property line of the use to be served. Within the EC (East End General Commercial) zone only, unless otherwise prohibited, employee parking may be allowed within 1,000 ft. of the property line of the use to be served. Within the LGVCO only, unless otherwise prohibited, parking may be provided on remote lots within the District which are within 750 ft. (customer parking) and 1,000 ft. (employee parking) from the property line of the use to be served. If the remote parking lot is not owned by the owner of the property of the use to be served, said owner shall obtain an exclusive permanent easement in the remote lot so as to permit parking from the use to be served on the remote lot. (LOC 50.06.002.2a.iv(1)). Page 12 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Additionally, the CFEC rules for Options 2 or 3 in OAR 660-012-0435(2)20, excerpted below, require the City to either remove minimum parking requirements within and one-quarter mile from designated CFAs or adopt parking management policies within those areas: (2) Cities and counties shall adopt land use regulations addressing parking mandates in climate-friendly areas as provided in OAR 660-012-0310. Cities and counties in Metro shall adopt land use regulations addressing parking mandates in regional centers and town centers designated under the Metro Title 6, Centers, Corridors, Station Communities and Main Streets, Adopted Boundaries map. In each such area, cities and counties shall either: (a) Remove all parking mandates within the area and on parcels in its jurisdiction that include land within one-quarter mile distance of those areas; or (b) Manage parking by: (A) Adopting a parking benefit district with paid on-street parking and some revenues dedicated to public improvements in the area; (B) Adopting land use amendments to require no more than one-half off-street parking space per dwelling unit in the area; and (C) Adopting land use regulations without parking mandates for commercial developments. A major consideration in selecting from the available options for compliance will be the on- going administration of new policies for shared parking or parking district management. Option 2 – “Fair Parking” Approach The CFEC rules for Option 2 require the City to implement three of the five provisions in OAR 660-012-0445(a)21, excerpted below. While the Development Code may already comply with one of these items (as indicated by regular typeface), the Code does not comply with the four of the five items (which are shown in bold) (a) A fair parking policy approach shall include at least two of the following five provisions, including at least one provision from paragraphs (A)-(C): (A) A requirement that parking spaces for each residential unit in developments that include five or more leased or sold residential units on a lot or parcel be unbundled parking. Cities and counties may exempt townhouse and rowhouse development from this requirement; (B) A requirement that parking spaces serving leased commercial developments be unbundled parking; (C) A requirement for employers of 50 or more employees who provide free or subsidized parking to their employees at the workplace provide a flexible commute benefit of $50 20 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301180. 21 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301181. Page 13 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY per month or the fair market value of that parking, whichever is greater, to those employees eligible for that free or subsidized parking who regularly commute via other modes instead of using that parking; (D) A tax on the revenue from commercial parking lots collecting no less than 10 percent of income, with revenues dedicated to improving transportation alternatives to drive-alone travel; and (E) A reduction of parking mandates for new multifamily residential development to no higher than one-half spaces per unit, including visitor parking. Staff notes that the flexible commute benefit requirement of provision C may already be implemented by employers with 50 or more employees in the Portland Metro area because such employers are already required by the State Department of Environmental Quality (DEQ) to provide incentives for commuting by means other than a single-occupant vehicle. For example, the City of Lake Oswego employs more than 50 people and meets DEQ requirements by providing free TriMet bus passes and designating preferential carpool parking spaces. However, it is unclear whether compliance with these DEQ rules also satisfies the CFEC rules because no cash amount is paid to employees commuting in a mode that does not use parking. If this Option 2 were selected, the City could comply with provision D by imposing a tax on commercial parking lots (the City currently has no known commercial parking lots) and provision E by amending the Development Code to reduce the minimum parking requirement for multifamily housing citywide. However, the remaining choices under Option 2 (provisions A, B, and, if a commercial parking lot were to operate in Lake Oswego, provision D) are more difficult to implement. The implementation of any of these three provisions would have a budgetary impact, which could be negative as currently there would not be any offsetting tax receipts because the City currently has no known commercial parking lots. Both provisions A and B would involve the City requiring that any parking provided for 5+ unit residential development and commercial development be “unbundled” – separately leased/sold – from the development for which the parking was provided. “Unbundled parking” is defined in OAR 660-012-0005(57): “Unbundled parking” means a requirement that parking spaces for each unit in a development be rented, leased, or sold separately from the unit itself. The parking space(s) must be rented, leased, or sold at market rates for comparable local off-street parking. The renter, lessor, or buyer of the unit must be allowed to opt out of renting, leasing, or buying the parking space. Regarding provision D, a tax on commercial parking lot revenue would likely have the same administrative difficulty as the administration of the transient room tax. While amending the Development Code and other parts of the City Code to meet at least three of the five provisions Page 14 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY above will require staff time, the greater cost concern is with ongoing administration and enforcement of these new, untested policies. Option 3 – “Reduced Regulation Parking Management” Approach Generally speaking, the rules for Option 3 would require the City to adopt several code amendments to reduce or eliminate minimum parking requirements for several types of development, uses, and locations, including eliminating all parking requirements in designated CFAs. (As mentioned above, in the Portland metro area, CFAs include designated Regional Centers and Town Centers. In Lake Oswego, that would be Downtown Lake Oswego and the Lake Grove Village Center.) The CFEC rules for Option 3 require the City to implement all 14 of the provisions in OAR 660- 012-0445(b)22, excerpted below. The Development Code partially complies with only one of these 14 requirements, as indicated by regular typeface. The Code does not comply with any of the 13 items in bold: (A) A repeal of all parking mandates within one-half mile pedestrian travel of climate- friendly areas; Staff note: A repeal of parking within CFAs and within ¼ mile of CFAs may otherwise be required per OAR 660-012-0435(2). (B) A repeal of parking mandates for mixed-use development; (C) A repeal of parking mandates for group quarters, including but not limited to dormitories, religious group quarters, adult care facilities, retirement homes, and other congregate housing; (D) A repeal of parking mandates for studio apartments, one-bedroom apartments and condominiums in residential developments of five or more units on a lot or parcel; (E) A repeal of parking mandates for change of use of, or redevelopment of, buildings vacant for more than two years. Cities and counties may require registration of a building as vacant two years prior to the waiving of parking mandates; (F) A repeal of requirements to provide additional parking for change of use or redevelopment; Staff note: The City partially complies with ‘F’. For example, no additional parking is required for changes in use from retail to other retail and restaurant uses within the Compact Shopping District subarea of the Downtown Redevelopment Design District. (G) A repeal of parking mandates for expansion of existing businesses by less than 30 percent of a building footprint; 22 Available at https://secure.sos.state.or.us/oard/viewSingleRule.action?ruleVrsnRsn=301181. Page 15 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY (H) A repeal of parking mandates for buildings within a National Historic District, on the National Register of Historic Places, or on a local inventory of historic resources or buildings; (I) A repeal of parking mandates for commercial properties that have fewer than ten on- site employees or 3,000 square feet floor space; (J) A repeal of parking mandates for developments built under the Oregon Residential Reach Code; (K) A repeal of parking mandates for developments seeking certification under any Leadership in Energy and Environmental Design (LEED) rating system, as evidenced by either proof of pre-certification or registration and submittal of a complete scorecard; (L) A repeal of parking mandates for schools; (M)A repeal of parking mandates for bars and taverns; and (N) Implementation of at least one pricing mechanism, either: (i) Designation of at least one residential parking district or parking benefit district where on-street parking is managed through paid permits, meters, or other payments; or (ii) Requirements that parking for multi-family residential units be unbundled parking. With respect to provision A, a repeal of parking mandates within ½ mile pedestrian travel of CFAs would apply to much of the city, including residential neighborhoods adjacent to the Downtown/Foothills and Lake Grove areas. Repeal of parking for schools, per provision L, would expand the area further. However, it is unclear how these policy changes would actually affect the development of parking or neighborhood livability. Policies repealing or exempting parking mandates for developments built under the Oregon Reach Code, or for projects that are “seeking” LEED certification, per provision K, are potentially problematic to administer and enforce. With respect to the pricing mechanism requirements in provision N, there are two alternatives for the City to reach compliance. The first alternative – (N)(i) – would require the creation of at least one parking district with a residential parking permit program. Creating a new program such as this could have significant budgetary impact and the associated costs for a city the size of Lake Oswego have not yet been estimated. The second alternative for provision N – (N)(ii) – would involve the City requiring unbundled parking for multifamily residential units but not for middle housing developments of 5+ units. For more discussion of unbundled parking, see Option 2 – “Fair Parking” Approach, above. (Staff Memo continues on next page) Page 16 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY Proposed Project Schedule As mentioned above, the City has received approval from DLCD for an alternative deadline of December 31, 2024, to adopt code amendments to comply with the parking rules for Phase B of CFEC (see Attachments 3 and 7). A tentative project schedule for Phase B of the parking reform requirements of CFEC is included in Attachment 1; a summary of key dates is provided below. CFEC Parking Reform Phase B – Project Schedule Rulemaking Updates & Extension Request [Jun 2022- Jul 2023] Council Study Session #1 Jun 21, 2022 PC Update #1 Jun 27 PC Update #2 Jan 9, 2023 PC Work Session #1 Jul 24 Work Plan & Scoping [Aug – Sep 2023] CC Study Session #2 Sep 5, 2023 PC Work Session #2 Sep 25 Evaluation of Parking Alternatives [Oct – Dec 2023] PC Work Session #3 Nov 27 CC Study Session #3 Dec 5 Initial Concepts & Recommendations [Jan – Mar 2024] CC Study Session #4 Feb 6, 2024 PC Work Session #4 Feb 26 Public Workshop Event Mar 7 Refined Parking Concepts [Apr – May 2024] CC Study Session #5 May 7 PC Work Session #5 May 29 Draft Code Amendments [Jul – Nov 2024] CC Study Session #6 Aug 20 PC Work Session #6 Aug 26 CFEC Parking Code Amendments [Jul – Nov 2024] PC Hearing Oct 14 CC Hearing Nov 19 Final Adoption Dec 3, 2024 RECOMMENDATION Approve the proposed work plan for compliance with Phase B of the State’s Climate-Friendly and Equitable Communities parking rules by December 31, 2024. ATTACHMENTS 1. CFEC Project Schedule, 08/21/2023 2. Sightline Institute article, “Parking Mandates Are Vanishing Across Oregon,” 07/20/2023 3. DLCD - CFEC Rules Alternative Date Request Granted, 01/20/2023 4. CFEC Parking Phase A Map, 01/01/2023 5. DLCD Handout - Parking Supply, Car Ownership, and Driving Rates, 11/02/2022 Page 17 503-635-0215 380 A AVENUE PO BOX 369 LAKE OSWEGO, OR 97034 WWW.LAKEOSWEGO.CITY 6. DLCD Handout - What Happens When Parking Mandates are Reduced, 10/04/2022 7. CFEC Rules Alternative Date Request, 12/19/2022 8. DLCD - CFEC Program Overview, 07/21/2022 9. DLCD - CFEC Implementation Guide, 07/21/2022 10. Oregon Governor Executive Order 20-04, 03/10/2020 Climate-Friendly & Equitable Communities (CFEC) Code Amendments Rulemaking Updates & Extension Request [Jun 2022 – Jul 2023] Council Study Session #1 Jun 21, 2022 Planning Commission Update #1 Jun 27 Planning Commission Update #2 Jan 9, 2023 Planning Commission Work Session #1 Jul 24 Work Plan / Public Involvement Plan / Scoping [Aug – Sep 2023] Council Study Session #2 Sep 5 Planning Commission Work Session #2 Sep 25 Evaluation of Parking Alternatives [Oct – Dec 2023] Planning Commission Work Session #3 Nov 27 Council Study Session #3 Dec 5 Initial Concepts / Recommendations [Jan – Mar 2024] Council Study Session #4 Feb 6, 2024 Planning Commission Work Session #4 Feb 26 Community Forum / Public Workshop Mar 7 Refined Parking Concepts [Apr – May 2024] Council Study Session #5 May 7 Planning Commission Work Session #5 May 29 Draft Code Amendments [May - Aug 2024] Council Study Session #6 Aug 20 Planning Commission Work Session #6 Aug 26 Final Code Adoption [Sep – Dec 2024] Planning Commission Public Hearing Oct 14 Planning Commission Findings Oct 28 City Council Public Hearing Nov 19 City Council Findings Dec 3 Effective Date: Jan 2, 2025 Rulemaking Updates & Extension Request [Jun 2022 – Jul 2023] CFEC CC-SS #1 Jun 21, 2022 CFEC PC Update #1 Jun 27 CFEC PC Update #2 Jan 9, 2023 CFEC PC-WS #1: Review of Rules / Options Jul 24 Work Plan / Public Involvement Plan / Scoping [Aug – Sep 2023] CFEC CC-SS #2: Work Plan / Public Involvement / Scoping Sep 5 CFEC PC-WS #2: Work Plan / Public Involvement / Scoping Sep 25 PP 22-0001 ATTACHMENT 1/PAGE 1 OF 2 ATTACHMENT 1 Page 2 Evaluation of Parking Alternatives [Oct – Dec 2023] HPS Task Force Meeting #4: Contextualized Housing Need Oct 20 HPS CC-SS #4: Contextualized Housing Need Nov 7 HPS PC-WS #4: Contextualized Housing Need Nov 13 CFEC PC-WS #3: Evaluation of Parking Alternatives Nov 27 CFEC CC-SS #3: Evaluation of Parking Alternatives Dec 5 Initial Concepts / Recommendations [Jan – Mar 2024] HPS Task Force Meeting #5 Housing Strategy Alternatives Dec 8 HPS PC-WS #5: Housing Strategy Alternatives Jan 8 HPS CC-SS #5: Housing Strategy Alternatives Jan 16 CFEC CC-SS #4: Initial Concepts / Recommendations Feb 6 CFEC PC-WS #4: Initial Concepts / Recommendations Feb 26 Community Forum / Public Workshop Event Mar 7 Refined Parking Concepts [Apr – May 2024] HPS Task Force Meeting #6: Initial Recommendations 1 Feb 9 HPS Task Force Meeting #7: Initial Recommendations 2 Mar 22 HPS Community Forum / Public Workshop Event Apr 4 HPS CC-SS #6: Initial Recommendations Apr 30 HPS PC-WS #6: Initial Recommendations May 13 CFEC CC-SS #5: Refined Parking Code Concepts May 7 CFEC PC-WS #5: Refined Parking Code Concepts May 29 Draft Code Amendments [May - Aug 2024] HPS Task Force Meeting #8: Review Draft HPS Report Jun 14 HPS CC-SS #7: Review Draft HPS Report Jul 16 HPS PC-WS #7: Review Draft HPS Report Jul 22 Draft Code Amendments + Internal Review May 30 – Jul 19 CFEC CC-SS #6: Draft Code Aug 20 CFEC PC-WS #6: Draft Code Aug 26 Adoption of Code Amendments [Aug – Dec 2024] Final HPS Report Aug 2 Final Code Amendments Sep 2 DLCD Notice Sep 9 HPS PC Public Hearing (PC-PH) Sep 9 HPS PC Adoption of Findings Sep 23 Planning Commission Public Hearing (PC-PH) Oct 14 HPS City Council Public Hearing #1 (CC-PH) Oct 15 PC Adoption of CFEC Findings Oct 28 HPS City Council Public Hearing #2 (CC-PH) Oct 29 HPS Council Adoption of Findings Nov 5 City Council Public Hearing (CC-PH) Nov 19 + Adoption of Findings Dec 3 PP 22-0001 ATTACHMENT 1/PAGE 2 OF 2 PARKING MANDATES ARE VANISHING ACROSS OREGON Six months into the pioneering state policy, regulatory costs are falling and projects are springing to life. Author:Catie Gould (@Citizen_Cate) on June 30, 2023 at 2:34 pm Update 7/20/23: Beaverton, the state’s seventh-largest city, unanimously voted to join the club and remove mandatory parking citywide. In cities across Oregon, parking mandates are going out not with a bang, but a whimper.  “It’s sort of been a sleeper issue here,” said Anne Catlin, the comprehensive planning manager for Albany, Oregon. When Albany repealed minimum parking requirements citywide earlier this June, not a single person from the public testied. Catlin didn’t recall the topic even making the newspaper. Normally, parking is one of the most contentious issues for local governments. Any relaxation of parking mandates—rules that prescribe a certain minimum number of parking spaces for any new home or business—is a political hot potato. But new state parking rules have taken that status quo o the table and turned what could be a big debate into a boring compliance exercise. “There really isn’t much to provide input on,” said Sandy Belson from the City of Springeld. “We’re just going to comply with the rules.” By June 30, aected jurisdictions could choose to either eliminate all parking mandates or enact a host of more complicated regulations if they wish to retain minimums in some instances. The two other compliance paths include regulations ranging from pricing one in ten on-street parking spaces, to separating the cost of parking from rent, to creating parking benets districts. All of which would take additional sta time and oversight. Planners for the City of Salem summarized the new rules succinctly in this image: At least seven cities have voted to go with the simple but sweeping Option 1: Portland, Salem, Corvallis, Tigard, Bend, Albany, and Central Point. Now over a million Oregonians live in communities where parking is fully voluntary. More cities are poised to join them the next year, after using a deadline extension granted by the state. TRANSIT PROXIMITY ALREADY REMOVED PARKING MANDATES FROM MAJORITY OF LOTS  Removing all parking minimums wasn’t the dramatic leap it would have been a year ago. Last January, state rules lifted parking mandates for all properties within a half-mile of frequent transit corridors and within three-quarters of a mile of rail stations. City-generated maps have revealed that those areas constitute the majority of lots in many cities. In Corvallis, those transit-adjacent areas covered 65 percent of the city. For Gresham, 53 percent. In Tigard, 62 percent. The slivers of city not included were likely to be low-density residential neighborhoods, industrial land, or open space. “Most of our city falls within a half-mile of our transportation corridor,” Catlin said. “It was an easy decision.” Summary of policy options presented to the Salem Climate Action Plan Committee by city sta. City of Salem. PP 22-0001 ATTACHMENT 2/PAGE 1 OF 6 ATTACHMENT 2 In Corvallis, city planners recommended removing all minimums because bus service can change over time. If transit service were downgraded, building owners might suddenly nd themselves needing to add more parking to stay legal. Service-dependent rules could also give residents who like parking mandates a reason to oppose transit upgrades, thereby deepening transportation inequities. Transit service changes are already putting zoning maps in ux. A planned improvement to bus line 71 in Milwaukie this upcoming September would have increased the fraction of the city without minimum parking requirements from 78 percent to 95 percent. Rather than keep adjusting things, they plan to fully eliminate parking mandates later this year. In addition to areas near transit, the state has also done away with parking mandates for a long list of uses for equity reasons, including for aordable housing, small residences, childcare facilities, and more. Those rules will give more exibility to housing projects like a senior care facility that had its expansion plans scuttled over two parking spaces last year. STATE RULES REDUCE BARRIERS TO NEW BUSINESSES  Local governments are often well aware of the specic sites, like oddly shaped lots or old buildings, where parking minimums pose barriers to redevelopment. But before Oregon’s state rules, they didn’t have a lot of options for reforming those counterproductive codes without an arduous political process. One dicult property is a former restaurant in downtown Central Point, a small city outside Medford, that closed before the pandemic. After any six-month gap in use, city law requires any new user of the building to comply with current land use code, even if it hadn’t been up to code before. Albany, OR PP 22-0001 ATTACHMENT 2/PAGE 2 OF 6 That is no small task for this site since the current gravel lot wouldn’t meet the city’s requirements for a parking lot. “Anybody who purchased this property and developed it would be required to pay for the parking lot, have it striped, landscaped accordingly, and then provide the required stormwater quality and quantity management facilities,” said Stephanie Holtey, planning director for the city of 20,000. “The improvements for those facilities are pretty expensive.” The planning department was planning to amend the code to give downtown properties like this relief from parking minimums, but with only two planners on its sta, the city couldn’t have started a process to consider various possible code changes until 2024. But now, the mandates are simply gone and the job is done. The City of Tigard was Oregon’s rst to ocially repeal mandates citywide back in January. Tigard had already exempted some areas of the city, like downtown and the Tigard Triangle, from parking requirements. But elsewhere, parking minimums have still regularly caused headaches for Tigard. They can be a particular problem for commercial buildings whose parking lots are stuck at the same size as dierent businesses come and go over the years.   One of those businesses is owned by Jordan Elting. Obsessed with arcade games since he was a kid, he nally opened a brick-and-mortar arcade in February of 2022. It didn’t take long for the customers to start asking if they served beer. They didn’t. But demand was high enough that Elting put in his application for a state liquor license soon afterward. For nearly a year, his application couldn’t be approved because the new building use, now categorized as entertainment, required roughly 40 percent more parking than the former retail store that vacated the space two years prior. Meanwhile, Elting was watching potential revenue walk out his door. Later in the evenings, groups of adults would sometimes take o after learning there was no beer. Elting pointed out that several other businesses in the strip were already allowed to serve alcohol, and there was a second parking lot on the other side of the building that was always empty. The entire situation baed Elting. “I’ve never understood what they expected to change here.” This empty 1964 building has a non-conforming parking lot, adding a barrier to re-use. Image by Loopnet. Tigard Plaza. Photo by Catie Gould. PP 22-0001 ATTACHMENT 2/PAGE 3 OF 6 Elting attempted to chase down documents from his landlord so the city could sign o on his application. But his issue remained unresolved when Tigard voted in December to eliminate its parking minimums citywide. “I honestly didn’t know how I felt about it when I rst read it,” Elting reected on a news article he had seen about the parking change in Tigard. But then the city planning department called to tell him the paperwork wasn’t needed anymore. “All right, I guess that’s what it meant,” said Elting. “That got rid of what I see as absolutely ridiculous red tape. Obviously, it ends up being a good change for businesses.” The public may save money, too. Schuyler Warren, a senior planner for the city, estimated that no longer having to work through cases like Elting’s will free up about 12 hours a week for city sta to put toward other initiatives. LOCAL OPPOSITION REMAINS  Many city ocials don’t like Oregon’s new rules, which the state called “Climate-Friendly and Equitable Communities,” or CFEC for short. “Horrible name, horrible changes,” Millersburg Community Development Director Matt Straite described the CFEC program to that city’s planning commission in June. “We feel like they’ve really reached down from Mount Olympus and forced cities to do things they don’t want to do.” It’s a common sentiment among Oregon cities. Fourteen local governments led a lawsuit last fall that challenges procedural issues with the state’s rulemaking process. The case is still pending. OUR WORK IS MADE POSSIBLE BY THE GENEROSITY OF PEOPLE LIKE YOU! Thanks to Clay Veka for supporting a sustainable Northwest. Donate Today “This pretty much sucks, putting it bluntly,” Corvallis City Councilor Laurie Chaplen said in a hearing last October as she voted to comply with the new state law by repealing all parking minimums. Part of the issue is that the statewide relaxation of parking minimums is just one rule in a larger adopted package. Other mandatory parking reforms include requirements for bicycle parking minimums, electric car charging, and tree canopy coverage. That is in addition to designating climate friendly areas in larger cities and changes in transportation planning. As a whole, the package has been criticized as overly prescriptive. This month, the agency received an additional $2.7 million in funding to assist cities with implementation costs—an unusually large sum, but far less than cities said they’d need. In an eort to meet them partway, the state agency in charge, the Department of Land Conservation and Development, relaxed some rules this April. For example, the state reduced its standard for the mandatory amount of tree shade over large parking lots: 40 percent canopy coverage, down from 50 percent. A BOOST FOR MIDDLE HOUSING   The additional exibility over parking spaces has been particularly helpful for projects that add more homes to existing lots. In Ashland, a fourplex is using the state’s new exibility to trade a couple of parking spaces for other outdoor amenities. In 2022, the four two-bedroom homes would have required seven parking spaces. “We could have made it work on this site,” said architect Tom DeVore, “but there are trade-os.” After the rules were adopted in July, DeVore got together with his clients and asked, if it’s up to us, how much parking do we want to provide? “It just opens up so many more possibilities of what you can do on-site,” DeVore said. “Parking just takes up so much space.” Jordan Elting at his business, Reset Button Arcade, in Tigard. Photo by Catie Gould. PP 22-0001 ATTACHMENT 2/PAGE 4 OF 6 RECOMMENDED READING Four Ways to Improve Portland’s Housing Aordability Mandate August 1, 2023 Oregon’s Land Use Law Creates Wildre- Adapted Communities July 25, 2023 From Vermont to Oklahoma, Legislatures Challenge Parking Mandates July 20, 2023 Ultimately, they determined that Ashland renters would expect at least one parking spot for each household. Trimming their design from seven parking spaces to ve allowed them to add a play area for children, shared gardens, and a larger shared patio. They plan to break ground in July. Dylan Lamar, another small-scale builder located in Eugene, called the state action a blessing. “Thank god for CFEC,” he said. Lamar, who describes himself as a market-rate developer, aims to provide housing aordable to anyone making the median income and currently has two small projects in the works. Without any subsidy, he estimates his homes would sell for $210,000—half the price the typical detached home in Eugene. Lamar recently won a grant from the city for his rst aordable housing development, targeting rst-time Latino homeowners in the area. The four new homes will be sold for about $115,000 apiece, with one of them being fully accessible. Referred to as “grow homes,” three of them will have an unnished attic to which the future homeowners can add more living space later on. None of the homes will have a dedicated o-street parking spot. These are exactly the type of projects Oregon hoped to create when it legalized “middle housing”—from duplexes to cottage clusters—in 2019. But though the housing types were now legal, even modest parking minimums could constrain sites too much to build. Lamar has no interest in tearing down the 1950s ranch house on his site, but it currently runs 8 feet away from the property line, too narrow for a driveway. Thanks to the new state rules, he didn’t have to worry about that. The back lot homes won’t have on-site parking, and future buyers will simply use a sidewalk to reach their cars on the street. Despite the project getting a top score from city sta recommending funding, city council wrung their hands over the lack of parking. The state rules have made these types of debates moot, tipping the scales in favor of more housing for more neighbors. “I have 100 percent condence this project would not have happened if the state had not taken action, both on middle housing and on CFEC,” said Lamar.  Grant Street Grow Homes will add these four new homes to an existing backyard. Image by Cultivate. Catie Gould Senior Researcher, Transportation PP 22-0001 ATTACHMENT 2/PAGE 5 OF 6 Visit Sightline Daily for the day’s top headlines for Cascadia each Monday, Wednesday, and Friday, curated by the news editors of Sightline Institute. See our picks here Boise Poised for First Step Towards More Abundant, Aordable Housing June 9, 2023 Getting Beyond the Detached House in Vancouver, BC June 7, 2023 For press inquiries and interview requests, please contact Serena Larkin Sightline Institute is a 501(c)3 non-prot organization and does not support, endorse, or oppose any candidate or political party. You can power us forward on sustainable solutions. Make a donation to Sightline now. Tagged in: CFEC, climate-friendly and equitable communities, Parking, Small Businesses © 2023 Sightline Institute. All Rights Reserved. PP 22-0001 ATTACHMENT 2/PAGE 6 OF 6 January 20, 2023 Scot Siegel, Community Development Director City of Lake Oswego PO Box 369 Lake Oswego, OR 97034 By Email: ssiegel@ci.oswego.or.us Subject: Alternative Dates Granted as Provided in OAR 660-012-0012(3) Dear Director Siegel, I am writing in response to the city’s request of December 19, 2022 for an alternative date for compliance with portions of the Oregon Administrative Rules (OAR) chapter 66, division 12, as provided in OAR 660-012-0012(3). The city’s request included: •An alternative date of December 31, 2024 for OAR 660-012-0012(4)(f) to adopt comprehensive plan amendments and land use regulations as provided in OAR 660-012-0400, OAR 660-012-0405, and OAR 660-012-0415 through OAR 660- 012-0450. I have considered each of the criteria in OAR 660-012-0012(3)(f) in granting this alternative date. The criteria are: (f)The director shall review the proposed alternative dates to determine whether the proposed alternative dates meet the following criteria: (A)Ensures urgent action; (B)Coordinates actions across jurisdictions within the metropolitan area; (C)Coordinates with work required as provided in OAR 660-044-0100; (D)Sequences elements into a logical progression; and (E)Considers availability of funding and other resources to complete the work. I find that the city meets the criteria in OAR 660-012-0012(3)(f), and therefore the alternative date is granted. A summary of this approval is included in Attachment A. PP 22-0001 ATTACHMENT 3/PAGE 1 OF 3 ATTACHMENT 3 Sincerely, Brenda Bateman, Ph.D. Director CC: Matt Crall, DLCD Planning Services Division Manager Erik Havig, ODOT Statewide Policy and Planning Manager Kelly Reid, DLCD Regional Representative Neelam Dorman, ODOT Region 1 Planning Manager Theresa Conley, ODOT Transportation Planner Bill Holmstrom, DLCD Land Use and Transportation Planning Coordinator Evan Manvel, DLCD Land Use and Transportation Planner Cody Meyer, DLCD Land Use and Transportation Planner PP 22-0001 ATTACHMENT 3/PAGE 2 OF 3 Attachment A Alternative Dates – City of Lake Oswego The city has been granted the following alternative dates as provided in OAR 660-012- 0012(3). • An alternative date of December 31, 2024 is approved for OAR 660-012- 0012(4)(f) to adopt comprehensive plan amendments and land use regulations as provided in: OAR 660-012-0400: Parking Management OAR 660-012-0405: Parking Regulation Improvements OAR 660-012-0415: Parking Maximums and Evaluation in More Populous Communities OAR 660-012-0420: Exemption for Communities without Parking Mandates OAR 660-012-0425: Reducing the Burden of Parking Mandates OAR 660-012-0430: Reduction of Parking Mandates for Development Types OAR 660-012-0435: Parking Reform in Climate Friendly Areas OAR 660-012-0440: Parking Reform Near Transit Corridors OAR 660-012-0445: Parking Management Alternative Approaches OAR 660-012-0450: Parking Management in More Populous Communities PP 22-0001 ATTACHMENT 3/PAGE 3 OF 3 S Sergi \ City of Lake Oswego Properties a Half Mile* from Bus Lines 35 *Half mile is straight out from bus route. - - -Lake Oswego City Limits 0 SE O k Grove Blvd USB Boundary -Rte. 35 0.25 en rn ;:: PP 22-0001 ATTACHMENT 4/PAGE 1 OF 1 Parking Supply, Car Ownership, and Driving Rates The evidence from five studies Including parking with rent makes a household 60-80% less likely to be vehicle-free. Households with parking included with rent (“bundled”) are 60 to 80 percent less likely to be vehicle- free than households without. There is reason to believe that bundled parking causes additional vehicle ownership. Households on the margin for the decision to have an additional vehicle may opt for the additional vehicle when the cost of parking is hidden in the price of housing. Regulations that reduce the incidence of bundled parking may reduce vehicle ownership and by extension vehicle use. 2017 research paper based on American Housing Survey data. Manville, Michael. Bundled parking and vehicle ownership: Evidence from the American Housing Survey. The Journal of Transport and Land Use, Vol. 10 No. 1 [2017] 27-55. Access to private or reserved parking triples the likelihood of car ownership. People with access to owned and reserved parking have about three times higher car ownership levels than those without. Overall trip frequency (regardless of mode) does not change with car ownership or access to home parking; non-car owners make about the same number of trips as car owners. There is a reduction in the percentage of trips by car if parking is not on-site, related to the distance between the residence and parking location. 2017 research paper based on data from Norwegian National Travel Survey. Christiansen, Fearnley, Hanssen, Skollerud. Household parking facilities: relationship to travel behavior and car ownership. Transportation Research Procedia 25C (2017) 4189–4199. Guaranteed parking at home leads to a greater propensity to drive. There is a clear relationship between guaranteed parking at home and a greater propensity to use the automobile for journey to work trips even between origin and destinations pairs that are reasonably well served, and very well served, by transit. Because journey to work trips to the downtown are typically well served by transit, the research infers non-commute trips are also made disproportionately by car from areas of high on-site parking. 2012 research of New York City parking using city tax lot data, Google earth data, and work and travel data from the 2000 Census Transportation Planning Package. Weinberger, Rachel. Death by a thousand curb-cuts: Evidence on the effect of minimum parking requirements on the choice to drive. Transport Policy 20 (2012). 93–102. Available, “free” parking is associated with increased car ownership Copious parking means more driving PP 22-0001 ATTACHMENT 5/PAGE 1 OF 2 ATTACHMENT 5 Increases in available parking is associated with an increase in driving mode share. When parking spaces provided increased from 0.1 to 0.5 per resident or employee, commuter automobile mode share increased roughly 30 percentage points (roughly from 53% to 85%). Based on causality criteria, researchers assert it is likely that providing excess parking is a cause of increased automobile use, rather than provision of excess parking being a result of increase automobile use. 2016 research paper based on US Census commute data and parking supply from aerials photographs from approximately 1950-2009 from nine mid-sized cities American cities. McCahill, Garrick, Atkinson-Palombo; Polinski. Effects of Parking Provision on Automobile Use in Cities: Inferring Causality. Transportation Research Record: Journal of the Transportation Research Board, No. 2543, 2016, pp. 159–165. A household’s decision about the number of cars owned and share of trips made by car are impacted by the availability of parking. Parking has a causal effect on car ownership and mode choice. Transportation behavior and outcomes are hard to study as populations are hard to randomize. This study looks at a population randomly assigned to live in particular places, by reviewing outcomes from households in San Francisco’s housing lottery. The lottery is highly competitive; those that receive housing through the lottery will typically move into the dwelling unit regardless of factors such as location or parking availability. The results show households adapt car ownership and mode choice based on availability of parking and access to other modes of travel. Greater transit accessibility reduces the propensity to own and drive a car, while increasing the propensity to ride transit. Greater walk and bicycle accessibility also increase the propensity to use those modes. A building’s parking ratio not only influences car ownership, vehicle travel, and transit use, but has a stronger effect on these decisions than transit accessibility. Buildings with at least one parking space per unit have more than twice the car ownership rate of buildings that have no parking. If parking is provided on-site for free or at a reduced price, then households appear to take advantage of this amenity. In contrast, households without access to on-site parking are more likely to forgo car ownership altogether. The potential for private automobile trip reductions is large and does not depend on car-free households relocating to car-free buildings. 2021 research paper based on transportation choices of 779 households receiving below-market-rate housing through San Francisco’s Inclusionary Housing program between 2015 and 2018. Millard-Ball, West, Rezaei, Desai. What Do Residential Lotteries Show Us About Transportation Choices? Urban Studies (forthcoming, written January 2021). Questions? Evan Manvel, Climate Mitigation Planner evan.manvel@dlcd.oregon.gov or 971-375-5979 Household decisions about car ownership and driving are influenced by parking availability PP 22-0001 ATTACHMENT 5/PAGE 2 OF 2 October 4, 2022. For the most recent version visit our web site. Questions to evan.manvel@dlcd.oregon.gov page 1 More Housing, More Business, Lower Costs, and Parking Still Supplied: What Happens When Parking Mandates are Reduced New Oregon standards reduce how much parking can be mandated by local governments in metro areas. Reducing one-size-fits-all, costly parking mandates isn’t new. It’s been done for decades around the world, and in Oregon, with significant success. Cities that lower parking mandates have seen reduced housing costs, increased business development, and more diverse developments, with creative approaches to providing parking. Most builders in communities without parking mandates still provide some parking with new developments. Some of them provide less than previously mandated, or provide it off-site. Others provide more than previously mandated, as their market analysis or lenders indicate that’s what their customers want. This how builders currently act; for example, a student-focused development on the edge of Corvallis provided 2.7 spaces per unit, higher than mandated. After seeing outcomes, communities instituting reforms have retained or expanded them. There are likely already examples in your community or a nearby community without parking minimums, either in code or by variance. Many Oregon communities have no parking requirements for commercial downtown developments (for example, Hillsboro, Monmouth, Milwaukie, Forest Grove, and Stayton). Others have no or limited parking mandates in downtowns at all (Salem, Coburg, Eugene, Portland). Here are some examples: Salem gave a variance for a new housing development, and subsequently reduced parking mandates in its downtown, along transit corridors, and for traditional missing middle housing types. Eugene saw the construction of two large parking garages as part of a residential development in its downtown, though no parking was required. Oregon City saw creative, more affordable infill housing, after waiving mandates for single-family homes. Tigard repealed parking mandates in the Tigard Triangle in 2017, and has seen healthy redevelopment levels in the area since. Builders have included off-street parking, slightly under the old requirements. Madras recently repealed parking mandates in its downtown, aiming to spur business development. Minneapolis, MN saw typical rents of studio apartments fall 17% (from $1200 to $1000) in buildings without parking. Fargo, ND (pop. 125,000) saw a downtown economic renaissance, with new businesses and thousands of new residents, after repealing parking mandates. Buffalo, NY (pop. 255,000) saw significant new development after repealing parking mandates, with single-use projects providing more than previous requirements, on average, and mixed-use projects providing less. San Diego, CA saw a five-fold increase in affordable housing, and an increase in market-rate housing, after adopting reforms including parking reforms. The city later cut commercial parking mandates. Los Angeles, CA saw a four-fold increase in downtown housing development, focused on redevelopment of older buildings. Units provided an average of 1.2 spaces per unit; about 40% were off-site. Seattle, WA saw builders saving $537 million ($30,000 per unit) over five years after reducing mandates near transit and in centers. Still, two-thirds of developments provided more parking than mandated. PP 22-0001 ATTACHMENT 6/PAGE 1 OF 5 ATTACHMENT 6 October 4, 2022. For the most recent version visit our web site. Questions to evan.manvel@dlcd.oregon.gov page 2 More Housing, More Business, Lower Costs, and Parking Still Supplied What Happens When Parking Mandates are Reduced Further Details (builds on one-page summary above) Buffalo, New York Buffalo adopted a “Green Code” in 2017, which included a repeal of minimum parking requirements citywide. Among the 36 major developments in the two years following passage, 47% included fewer parking spaces than previously mandated, indicating requirements may have been excessive. Mixed-use developments provided 53% fewer parking spaces than previously mandated, as developers found business models with less off-street parking. While parking built for single-use housing projects varied significantly, the total spaces provided exceeded what would have been required by earlier mandates, meaning lenders and builders may have been wary to deviate from previous assumptions about parking demand. In short: Buffalo developments had a more diverse parking market. Some places built just as much or more as previously required. Others had none. Others had some, but not as much, as would have been mandated. Full article: Minus Minimums (tandfonline.com) Zoning rules change in Buffalo shows parking reform could reenergize downtowns - News Bit Fargo, North Dakota After Fargo (pop. 125,000) repealed its downtown parking mandates, redevelopment followed. Builders built a 104-unit mixed-use development, and North Dakota State University moved its architecture and business schools downtown. Over 4,000 more students and faculty ended up living, working and studying downtown. The downtown “renaissance zone” saw a ten-fold increase in property tax dollars. https://www.strongtowns.org/journal/2015/11/23/robust-growth-and-development- without-mandating-parking Minneapolis, Minnesota After Minneapolis reduced its parking mandates in 2015, typical rents for a new studio apartment without parking fell from $1,200 a month to about $1,000 a month, saving renters $2,400 per year. That decrease is in line with previous studies noting structured parking can cost about 17% of monthly rent. New developments near transit provided roughly 30% less parking than mandates would have been required. People Over Parking (planning.org) What Happens When You Ease Parking Requirements for New Housing — nickmagrino.com Mixed-use developments provided 53% fewer parking spaces… Total spaces for single-use projects exceeded what would have been previously required; but there was variation by development Thousands more people moved downtown, leading to a ten-fold increase in property tax dollars in the area. Typical rents for a new studio apartment without parking fell from $1,200 a month to about $1,000 a month PP 22-0001 ATTACHMENT 6/PAGE 2 OF 5 October 4, 2022. For the most recent version visit our web site. Questions to evan.manvel@dlcd.oregon.gov page 3 Los Angeles, California Los Angeles removed downtown parking mandates in 1999, as part of its Adoptive Reuse Ordinance (ARO). In the previous 30 years, downtown Los Angeles added about 4,300 housing units. In the decade following the ordinance, over 9,200 housing units were added, about 70% of which relied on provisions in the ARO. One analyst argues, “the ARO created more housing in less than ten years than had been created in the previous thirty.” The ARO also provided alternative regulations on fire and earthquake standards, and allowed changes of use without variances. Because some of the Developers revamping old commercial buildings under the ARO were particularly creative in meeting the demands for parking. In an analysis of 56 ARO building redevelopments, Professor Michael Manville found half of the parking for apartments was provided off-site. While total parking provided exceeded previous mandates (providing 1.2 spaces/unit), the relaxed mandates allowed more flexibility in location, and different amounts of parking provided among developments. Meanwhile, condo redevelopment provided 1.3 spaces per unit, well under the previous mandate of 2.0 spaces per unit, with 34% of parking off-site. In short, parking reform helped create thousands of new housing units, and a more nuanced approach to parking supply. Parking Requirements and Housing Development: Regulation and Reform in Los Angeles – ACCESS Magazine San Diego, California In 2019, San Diego removed parking mandates in transit priority zones. This, combined with a density bonus program, led to a more than five-fold increase in affordable housing unit production. While previous years saw up to 289 affordable units built, 2020 saw 1,564 new affordable units. Market-rate housing also increased. The real costs of providing parking, and its crowding out of housing, became clear. In 2021, San Diego built on this success and reduced commercial parking mandates. https://cal.streetsblog.org/2021/05/19/parking-requirements-are-not-a-useful- bargaining-chip-for-increasing-affordable-housing/ Seattle, Washington Seattle reduced parking mandates in centers and near frequent transit in 2011. In the five years following that reform, developers built 18,000 fewer (40% less) parking spaces than previous mandates would have required while building over 60,000 housing units, saving $537 million. On average, developers provided two parking spaces for every three units. About one in five housing developments provided no parking spaces, but two-thirds provided more than required. All but one of the 868 developments had less than two spaces per unit. High-end developments provided more parking than more affordable units. https://transfersmagazine.org/wp-content/uploads/sites/13/2020/11/Issue-6- Gabbe_finalv2.pdf The package of reforms helped lead to a five-fold increase in affordable housing unit production. Builders saved $537 million ($30,000 per unit) by building fewer parking spaces. Yet two-thirds of developments provided more parking than mandated. Housing development increased nearly 4-fold. Less parking was built; though units still averaged 1.2 parking spaces/unit. Much of it was off-site. PP 22-0001 ATTACHMENT 6/PAGE 3 OF 5 October 4, 2022. For the most recent version visit our web site. Questions to evan.manvel@dlcd.oregon.gov page 4 In Oregon Coburg Eager to boost development in its downtown, Coburg updated its codes in 2020 to repeal parking mandates, except for employee parking. It is too early to judge the outcomes. Eugene Eugene has not required off-street parking for downtown developments for several years. Despite that, a large new development at 13th and Olive included hundreds of units of 2, 3 and 4-bedroom housing (1308 bedrooms total), and two large new parking garages, as part of a business model. They’re in part used for paid public parking, and monthly rentals. In the absence of mandates, hundreds of parking spots were developed. Tigard In an effort to spur redevelopment, Tigard adopted a “Lean Code” in 2017 for the Tigard Triangle. That code included a removal of off-street parking mandates while adding requirements for on-street parking and public bike parking spaces. In the five years since, the City has seen significant redevelopment in the area. Builders continue to provide off-street parking, at levels slightly lower than previously required. Builders have also found creative ways to use shared parking. Unnecessary building expenses have been reduced. The city is now developing a Curbside Management Plan to ensure effective use of the curb for parking, deliveries, ride hailing, transit, and micromobility options, as use of the area intensifies. Madras Eager to boost development in its downtown, in 2022, the Madras City Council passed a resolution to repeal its parking mandates in the downtown core. The decision was made as part of a code update funded by Oregon’s Transportation and Growth Management program. It is too early to judge the outcomes. Portland Portland has had limited parking mandates for quite some time, helping housing get built and providing for more infill. One oft-cited anecdote about parking is challenges finding spaces in the SE Division Street corridor. People understand that different ways. One way is parking in the neighborhood is difficult because too many people love the neighborhood and want to live there or visit. Another would note the city hasn’t yet fully managed the area’s parking demand with permits, pricing, signage, and other parking management techniques. Most of Portland also has no parking mandates but gets little attention. Attempts to build a new parking garage in Northwest Portland, near 21st and 23rd, have run into realities of the costs of doing so. Hence, Portland has worked in various ways to decrease demand for parking, such as its Transportation Wallet (providing affordable transportation choices) funded through parking permits, and on-street permit costs of $195/year in Northwest (less for low-income people). … too many people love the neighborhood and want to live there or visit. Despite not having to build parking by mandate, one downtown builder included two parking garages with hundreds of spaces. PP 22-0001 ATTACHMENT 6/PAGE 4 OF 5 October 4, 2022. For the most recent version visit our web site. Questions to evan.manvel@dlcd.oregon.gov page 5 Oregon City Since 2013, Oregon City has not required off-street parking for single-family detached housing and duplexes. Most new homes are still typically built with garages and driveways, due to market preferences. But in a few cases, the lack of parking mandates has allowed infill development to be constructed at a lesser cost. One creative example is these smaller homes that hit a $325,000 sales price in the city where median home price is $575,000. Salem In 2019, the City of Salem approved an application for a six-story, mixed-use downtown development for ground-floor commercial space and 148 units above. The development has 14 parking spaces in addition to secure bicycle parking. The units consist mainly of micro-housing studios, with some one and two-bedroom units. Building on the positive outcomes from that experience, and at staff recommendation, City Council passed code updates in 2020 that aimed to remove barriers to the development of multifamily housing. The code changes eliminated parking mandates for multifamily developments throughout downtown and within ¼ mile of the core transit network. Several local builders testified they would continue to build parking, as it was part of their business model. In 2022, the city implemented HB 2001 to allow traditional missing middle housing throughout Salem; that code change eliminated parking mandates for two, three, and four-unit developments and cottage clusters. Later in 2022, the city updated its Comprehensive Plan and associated maps and zoning code. As part of that citywide project, the city aimed to further incentivize infill housing and redevelopment near frequent transit service. It did so by eliminating parking mandates for any use in a mixed-use zone near the core transit network as long as multifamily housing was included. Reform Communities Around the World Scores of communities throughout the world have eliminated their parking mandates. Some of them: Alameda, CA Albermarle, NC Ann Arbor, MI Auburn, ME Bandera, TX Bastrop, TX Berkeley, CA Berlin, Germany Boston, MA Boston, MA Branson, MO Bridgeport, CT Calgary, AB Cambridge, MA Canandaguia, NY Dover, NH Dunwoody, GA Ecorse, MI Edmonton, AB Fayetteville, AR Greensboro, NC Hartford, CT High River, AB Hudson, NY Jackson, TN Kingston, ON Lunesurg, NS Mancelona, MI Mason City, IA Mexico City Minneapolis, MN New Zealand (metro areas) Norman, OK Ottowa, ON Peoria, IL Raleigh, NC Raleigh, VA Richmond, VA River Rouge, MI Sacramento, CA Saranac Lake, NY Seabrook, NH South Bend, IN Spartanburg, SC St Paul, MN Toronto, ON Questions, Corrections or Comments Evan Manvel, Climate Mitigation Planner (971)375-5979, evan.manvel@dlcd.oregon.gov One reduced-parking housing project led to broader reforms. Those reforms then led to further reforms. 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x/ŶŝƚŝĂů,ŽƵƐŝŶŐ^ƚƌĂƚĞŐLJZĞĐŽŵŵĞŶĚĂƚŝŽŶƐDĞŵŽ xƌĂĨƚĂŶĚ&ŝŶĂů,ŽƵƐŝŶŐWƌŽĚƵĐƚŝŽŶ^ƚƌĂƚĞŐLJZĞƉŽƌƚ xWƌĞƐĞŶƚĂƚŝŽŶĂŶĚŽƚŚĞƌŵĂƚĞƌŝĂůƐĨŽƌƉƵďůŝĐǁŽƌŬƐŚŽƉŽƌŽƉĞŶŚŽƵƐĞĞǀĞŶƚ  PP 22-0001 ATTACHMENT 7/PAGE 11 OF 11 Climate-Friendly and Equitable Communities Why this Rulemaking In 2007, Oregon legislators adopted a policy and goal to reduce Oregon’s climate pollution by 75% by 2050. That’s what the science calls for, if we’re going to avoid catastrophic impacts to our environment, communities, and economy. Fifteen years later, we’re far off track in our efforts to meet those goals – and we’re already experiencing real-world impacts of climate disruption, with increasing wildfires, in size, severity, and timing, and record heat waves that have cost Oregonians their homes, and their lives. We’re particularly off-track in reducing pollution from transportation, responsible for about 38% of Oregon’s climate pollution. On our current path, Oregon will only reduce transportation pollution by about 20% by 2050. That means we’re polluting far more than we hoped, meaning more extreme weather events, more wildfires, more ocean acidification, and more record heat waves. In response, Governor Brown directed state agencies to promote cleaner vehicles, cleaner fuels, and less driving. Meanwhile, the State of Oregon is grappling with a troubling history and current patterns of inequity and discrimination, including in our land use, zoning, and transportation investment (and disinvestment) decisions. Wealth and health have been concentrated in the privileged, at the expense of others. This rulemaking aims to take some steps in redressing past harms. Rulemaking Overview and Desired Outcomes The Land Conservation and Development Commission launched the Climate-Friendly and Equitable Communities rulemaking in September 2020. The commission directed the Department of Land Conservation and Development (DLCD), Oregon’s land use planning agency, to draft changes in Oregon’s planning system for communities in Oregon’s eight most populated areas (see map at right). The rules require those communities to change their local transportation and land use plans to do more to ensure Oregonians have more safe, comfortable ways to get around, and don’t have to drive long distances just to meet their daily needs. The rules also aim to improve equity, and help community transportation, housing, and Thousands of Oregonians have lost their homes in recent wildfires. Missing our climate goals will mean more extreme and more frequent weather events such as heat bombs, droughts, and wildfires. The rules apply in Oregon’s eight metropolitan areas shown above. Oregon is dramatically off-track. If current trends continue, Oregon will release more than 4 times more transportation pollution than our goal by 2050. PP 22-0001 ATTACHMENT 8/PAGE 1 OF 6 ATTACHMENT 8 planning serve all Oregonians, particularly those traditionally underserved and discriminated against. What does that mean on the ground? It means having some areas where rules don’t get in the way of more walkable neighborhoods. The rules ask 15 communities to designate climate- friendly areas, and to allow people to build taller buildings providing more housing. The rules don’t require taller buildings, but make sure those buildings are allowed. In climate-friendly areas, a minimum density standard would help ensure transit can serve the neighborhood. Other provisions of the rulemaking call for new buildings to support the growing electric vehicle transformation, reduce one-size-fits-all parking mandates, and increase local planning requirements to address critical gaps in our walking, biking, and transit networks. The rules ask communities to identify transportation projects needed so our climate goals could be met. The rulemaking is mainly about letting climate-friendly development happen where people want to build it and the market calls for it. There’s a lot of demand for housing where people can walk to where they want to go. While single-family homes will continue to be allowed and provide most housing, Oregonians have a diverse set of housing desires and deserve more affordable and climate-friendly choices. Those could better meet the changing shape of American households, as nearly a third of homes hold just one person. But again, people can choose what best meets their needs. Equitable Mapping, Engagement and Decision-Making One central outcome of this rulemaking is an increased emphasis on equity. The rulemaking has worked to integrate equity, starting with the rulemaking charge and title. Equity was key as DLCD attempted to have the composition of the advisory committee reflect the diversity of Oregon’s communities, and equity was one of the first tasks tackled by the group. The rulemaking advisory committee spent significant time at many of its meetings discussing equity, and developed an Equitable Outcomes Statement to guide the rulemaking drafting and implementation. The rulemaking conducted a racial equity analysis of the rules and an analysis on how the rules could be improved to serve people with disabilities. The committee subsequently reviewed a table listing how each item in the Equitable Outcomes Statement was or was not brought forth into the draft rules, and what next steps might be. The rules define traditionally underserved populations to include Black and African American people, Indigenous people, People of Color, people with limited English proficiency, people with disabilities, low-income Oregonians, youth and seniors, and more. They require mapping of traditionally underserved populations, local consideration of a set of anti-displacement actions should decisions contribute toward displacement, centering the voices of underserved populations in decision-making, and regular reporting on efforts to engage traditionally underserved populations. 1938 Redlining map of Portland. Redlining allowed white people to build wealth through homeownership. PP 22-0001 ATTACHMENT 8/PAGE 2 OF 6 Climate-Friendly Areas A climate-friendly area is an area where residents, workers, and visitors can meet most of their daily needs without having to drive. They are urban mixed-use areas that contain, or are planned to contain, a greater mix and supply of housing, jobs, businesses, and services. These areas are served, or planned to be served, by high quality pedestrian, bicycle, and transit infrastructure to provide frequent, comfortable, and convenient connections to key destinations within the city and region. Why are climate-friendly areas important? A key component of Oregon’s plan to meet our climate pollution reduction and equity goals is facilitating development of urban areas in which residents are less dependent upon the single occupant vehicle. Before the automobile became common in American life, cities grew more efficiently, with a variety of uses in city centers and other areas that allowed for working, living, and shopping within a walkable or transit accessible area. Over the last 100 years, the automobile and planning practices have served to separate activities, creating greater inequities within cities and widespread dependence upon climate- polluting vehicles to meet daily needs. Climate-friendly areas will help to reverse these negative trends, with some actions taking place in the short term, and others that will occur with development and redevelopment over time. The rules require cities, and some urbanized county areas, with a population over 5,000 within the seven metropolitan areas outside of Portland Metro to adopt regulations allowing walkable mixed-use development in defined areas within urban growth boundaries. The rules for the Portland Metro area support implementation of the region’s 2040 Growth Concept. Areas will be sized to accommodate a portion of the community’s housing, jobs, and services. Local governments will determine where these areas will be located, but many of these areas will likely be established in existing downtowns that may currently allow for mixed uses and higher densities. Associated requirements will ensure high quality pedestrian, bicycle, and transit infrastructure is available within these areas to provide convenient transportation options. The rules provide a process for local governments to first identify potential climate-friendly areas, then later to adopt development standards for the areas best-suited for this purpose. The rules provide some minimum requirements for climate-friendly areas, with a set of clear and objective standards that may be adopted, or a process for local governments to craft their own standards. Cities of more than 10,000 will monitor housing production within these areas over time and develop strategies to facilitate desired development. Reforming Costly Parking Mandates Excess parking has a significant negative impact on housing costs, business costs, the feasibility of housing development and business redevelopment, walkability, air and water pollution, climate pollution, and general community character. Parking mandates force people who don’t own or use cars to pay indirectly for other people’s parking. Carless households tend to be the poorest households. Parking demand varies significantly Parking uses a huge amount of high-value land. Off-street parking in downtown Corvallis in red. Oregon already has some climate-friendly areas, pleasant places to meet one's needs without needing to drive. PP 22-0001 ATTACHMENT 8/PAGE 3 OF 6 from development to development, and about one-sixth of Oregon renter households own zero vehicles. Planning practices of the past have imposed a one-size-fits-all requirement everywhere, creating incentives to own more cars and drive more. The rules encourage the diversity of parking needs to be met by the diversity of development. The rules would reduce or remove costly parking mandates for desired types of development, such as smaller housing types, small businesses, childcare facilities, multi-family housing, and historic buildings. The rules would completely remove parking mandates within one-half mile of frequent transit and three-quarters of a mile of rail stops, where parking demand is lower per unit. The rules give communities options to improve parking management. Those who adopt best practice parking policies would get more flexibility. The rules require cities with over 100,000 population that choose to continue to mandate off-street parking to eventually charge at least 50 cents per day for 10% of on-street parking spots. Getting Ready for Oregon’s Electric Vehicle Future Making our vehicles cleaner is a key part in meeting Oregon’s climate goals. Oregon has a vision where 90% of new vehicles will be electric by 2035. To meet that goal, we need to ensure people can charge their vehicles. The most convenient place to do so is at home, but many Oregonians live in older multi-family homes that would be very expensive to retrofit. Thus, the rules require new housing and mixed-use development with at least five units would include electrical conduit (pipes) to 40% of spots, ready for adding wiring and charging stations to support electric vehicles as the market expands. Planning for a Future of Transportation Options DLCD and other state agency partners including the Oregon Department of Transportation will provide a range of new and amplified services to help meet greenhouse gas reduction goals, including grants, technical assistance, tools, and publications, to help local governments adopt plans that meet or exceed the state’s climate pollution reduction goals. Local governments in Oregon have been required to make coordinated land use and transportation plans for decades. The updated rules would require local governments in metropolitan areas to: •Plan for greater development in transit corridors and downtowns, where services are located and less driving is necessary; •Prioritize system performance measures that achieve community livability goals; •Prioritize investments for reaching destinations without dependency on single occupancy vehicles, including in walking, bicycling, and transit; •Plan for needed infrastructure for electric vehicle charging; and •Regularly monitor and report progress. Transportation options are critical for everyone, but particularly the roughly one-in-three Oregonians who cannot drive. Building a complete network of EV charging stations at commercial and multi-family housing locations could cut up to 11.9% of climate pollution PP 22-0001 ATTACHMENT 8/PAGE 4 OF 6 Planning to Meet Our Climate Goals DLCD’s regional greenhouse gas reduction program allows areas to work together to consider statewide, regional, and local needs and issues. The flexible regional planning process allows communities to study economic development, fiscal impacts, resource use, pollution impacts, and the effects of different choices on the state, region, community, or households. The results are intended to help local government community members, elected and appointed leaders better understand issues and quantify the effect of potential policies as they review and update the area’s long-range plans and make investment decisions. The rules expand requirements for regional plans to meet the state’s climate pollution reduction targets from the Portland metropolitan area to the next largest metropolitan areas in the state (Eugene-Springfield and Salem-Keizer) initially. Other metropolitan areas will be required to evaluate their local plans towards meeting the state’s climate pollution reduction targets and amend their local plans towards meeting the target. Community Engagement We’ve heard from lots of Oregonians over the past eighteen months. We’ve heard from a 40-person advisory committee including representatives from all of Oregon’s impacted eight urban areas, several people who are home builders, realtors, representatives of the trucking industry, affordable housing advocates, land use advocates, community-based and other community- serving organizations. To supplement those deliberations, staff held two separate series of virtual community conversations in 2021 – five in the spring, and four in the fall. Staff have hosted a series of nine technical work group meetings on specific topics, a series of practitioner meetings with local government staff in each region, and dozens of additional meetings with local elected officials, planning staff, and interest groups. Upcoming conversations include events focused on what will be needed at the community level to support implementation and ongoing engagement strategies. We’ve heard from hundreds of Oregonians who have attended one or more of the scores of meetings, community conversations, work groups, or practitioner meetings, and from hundreds of people who’ve submitted comments (summary here). Our rules are better for it, having continued to evolve and improve. But the engagement won’t end there – the rules require local governments to engage their communities as they make key decisions on how the rules apply locally. If you’re interested in these issues, we encourage you to stay engaged. Some members of the rulemaking advisory committee PP 22-0001 ATTACHMENT 8/PAGE 5 OF 6 Implementing the Rules: Resources and Timelines Local governments are responsible for implementing the rules. Many of the rules take effect when a community next conducts a major update of its Transportation System Plan (TSP), a community’s core document describing its transportation needs and future plans. The rules state most plans should be updated by December 31, 2029. The rules have Salem-Keizer and Eugene-Springfield areas on a schedule to do regional scenario plans and update their TSPs by the end of 2027. The land use components of the rules have specific deadlines. Communities are asked to study potential Climate-Friendly Areas by December 31, 2023, and adopt Areas by December 31, 2024. Parking reform is scheduled to happen in two phases - the first at the end of 2022, and the second by June 30, 2023. Communities may ask for some flexibility around most of these dates. DLCD is providing or working to find resources for local governments to do this work, along with our agency partners at the Oregon Department of Transportation (ODOT) and the Oregon Housing and Community Services Department. The Oregon Legislature provided $768,000 to assist with implementation on land use, and ODOT has identified another $18 million to assist with transportation plan updates. Learn More Information on how to get implementation updates via email and many additional materials can be found at www.oregon.gov/lcd/CL/Pages/CFEC.aspx Contact Information Evan Manvel, Climate Mitigation Planner evan.manvel@dlcd.oregon.gov 971-375-5979 Cody Meyer, Land Use and Transportation Planner cody.meyer@dlcd.oregon.gov 971-239-9475 Kevin Young, Senior Urban Planner kevin.young@dlcd.oregon.gov 503-602-0238 July 2022 PP 22-0001 ATTACHMENT 8/PAGE 6 OF 6 C limate-Friendly and Equitable Communities Implementation Guide This document provides guidance for cities and counties within metropolitan areas that are expected to implement the Climate Friendly and Equitable Communities rules. The information provided in this document are based on the rules adopted by the Land Conservation and Development Commission on July 21, 2022. This guide is for information and is not determinative regarding the content or applicability of the adopted rules. Pages 1-3 contain an overview of the implementation and reporting requirements of the rules. The table of implementation dates on pages 3-8 shows the year in which these requirements become applicable, grouped by metropolitan area. The task summaries on pages 9-12 outline the sections of the Division 12 rules that are involved with the major task groups. Alternative Dates: Cities, counties, or Metro may, optionally, propose alternative implementation dates for some deadlines as provided in OAR 660-012-0012(3). Alternative dates would be submitted to the department, reviewed against criteria, and approved (or not) by the DLCD Director. Alternative compliance dates for Eugene-Springfield and Salem-Keizer metropolitan area would use this process and the work program process for scenario planning in OAR 660-044-0100. Rules whose implementation dates can be modified through this process are in italics in the guide. Division 12 Exemption: The DLCD Director may grant a full or partial exemption from Division 12 to cities and counties with a population under 10,000 within the urban area (OAR 660-012-0055(7)). The exemption must be requested by the jurisdiction. Exemptions granted shall last for a specified period. Major Task Groups Requirements for the implementation of each task are outlined in the schedule. Details of the rules involved with each task are listed after the schedule table. CFA Study – Study potential climate-friendly areas (CFA) (660-012- 0315). CFA Codes – Designate and make comprehensive plan, zoning map and code changes to implement climate-friendly areas (660-012- 0320). Parking A – For new development applications, apply reduced parking mandates near frequent transit and for certain development types (code changes not mandatory; may apply 660-012-0430 and 0440 directly). Parking B – Implement parking regulation improvements, and parking mandate reform (660-012-0400 through 0450). TSP Updates – These rules only apply at the time of a major update to a transportation system plan (TSP). PP 22-0001 ATTACHMENT 9/PAGE 1 OF 12 ATTACHMENT 9 TPR Development Regulations – Transportation Planning Rules (TPR) related regulations; required with major transportation system plan updates, no specific update timeline unless indicated. Implement commercial and residential land use regulations (660-012-0330), and bicycle parking (660-012-630). HNA – Housing Needs Analysis (HNA) (Also known as a Housing Capacity Analysis, or HCA). Update required by OAR Chapter 660-008- 0045 for cities over 10,000 population. HNA within Metro must be updated every 6 years; outside of Metro must be updated every 8 years. HNA is an additional task that is not part of Climate-Friendly and Equitable Communities. Individually Applicable Rules Rules separate from the major task groups and with their own applicability date are listed below and in the schedule. EV Conduit – Cities only; for new multifamily and multi-use development applications, require 40% of spaces have conduit to serve electric vehicle charging (OAR 660-012-0410); implement by March 31, 2023 per OAR 660-012-0012(5)(d); either directly apply state administrative rules or amend local development standards. Transportation Modeling – transportation modeling or analysis used for a land use decision must comply with OAR 660-012-0210; decision must not increase VMT per capita; effective as of June 30, 2024 per OAR 660-012-0012(5)(a). Performance Standards – Implement multiple transportation performance standards for plan amendments and development review per OAR 660- 012-0215; effective as of June 30, 2025 per OAR 660-012-0012(4)(b). Additional CFA Designations for UGB Expansions is required beginning June 30, 2027 (OAR 660-008-0010(3)). Note: TSP Update and TPR Development Regulations apply to all jurisdictions in the table listed below. The proposed rules do not establish an implementation deadline if ‘TSP Update’ and ‘TSP Development Regulations’ are not shown in the schedule. They are not exempt from these requirements. A deadline for these tasks may be established through approval of alternate compliance dates. TPR Reporting OAR 660-012-0900 requires cities and counties outside of Metro to submit yearly reports. The reporting requirements are listed in the row of each metropolitan area (light blue background). The designation of major reports in this guide are based on expected dates of Regional Transportation Plan (RTP) updates. The timing of a major report will be as determined by actual RTP adoption (OAR 660-012-0900(5)). The reporting requirement applies to each jurisdiction individually, although jurisdictions may coordinate to submit one report for the metropolitan area. Inside Metro, annual reporting will be completed by Metro (cities and counties within Metro not required to submit individual reports). PP 22-0001 ATTACHMENT 9/PAGE 2 OF 12 Population Growth Climate-Friendly Areas- OAR 660-012-0310(4)(a) and (b) specify CFA compliance timelines for jurisdictions that surpass population thresholds of 5,000 or 10,000. Such jurisdictions must submit a CFA Study within 545 days of exceeding the population threshold, and adopt CFA Codes within 365 days of the deadline for submittal of the CFA Study. Additionally, OAR 660-008-0010(2) requires the designation of additional climate friendly areas as cities over 10,000 grow, in conjunction with required HNA updates. Parking – OAR 660-012-0012(4)(f)(A) allows one year for jurisdictions that surpass population thresholds in OAR 660-012-0400 to comply with the parking rules to which they become subject. Compliance date for tasks in italics can be modified per OAR 660-012-0012(3) 2022 2023 2024 2025 2026-2028 2029 Albany Area TPR major report (5/31)1 TPR minor report (5/31) TPR minor report (5/31) (major in 2028) TPR minor report (5/31) Albany Parking A CFA Study EV Conduit Parking B CFA Codes Transportation Modeling Performance Standards 2028 HNA Additional CFA for UGB expansions after June 2027 TSP TPR Dev. Regs. Benton County, Linn County, Marion County (fewer than 5,000 population inside UGB) Transportation Modeling Performance Standards Jefferson, Tangent, and Millersburg Parking A EV Conduit Parking B Transportation Modeling Performance Standards 1 Next expected RTP updates: 2022: Central Lane, Corvallis; 2023: Albany, Salem-Keizer; 2024: Middle Rogue; 2025: Bend, Rogue Valley. TPR major report expected the year following adoption of RTP update. Future RTP updates expected every 4 years. PP 22-0001 ATTACHMENT 9/PAGE 3 OF 12 Compliance date for tasks in italics can be modified per OAR 660-012-0012(3) 2022 2023 2024 2025 2026-2028 2029 Bend Area TPR minor report (5/31) TPR minor report (5/31) TPR minor report (major report 2026) (5/31) TPR minor report (5/31) Bend Parking A CFA Study EV Conduit Parking B CFA Codes HNA Transportation Modeling Performance Standards Additional CFA for UGB expansions after June 2027, and with HNA Updates TSP TPR Dev. Regs. Deschutes County 2 Transportation Modeling Performance Standards TSP TPR Dev. Regs Central Lane Scenario Plan work program (6/30) Scenario Plan (12/31) TPR minor report (5/31) TPR minor report (5/31) Scenario Plan code amendments and TSP (12/31) TPR minor report (5/31) (major in 2028) TPR minor report (5/31) Coburg Parking A EV Conduit Parking B Transportation Modeling Performance Standards TSP (2026) TPR Dev. Regs. Eugene Springfield Parking A CFA Study EV Conduit Parking B CFA Codes Transportation Modeling Springfield HNA Performance Standards TSP (2026) TPR Dev. Regs. Eugene 2026 HNA Additional CFA for UGB expansions after June 2027 Lane County3 Transportation Modeling Performance Standards TSP (2026) TPR Dev. Regs. 2 Deschutes Co. population within UGBs in the metropolitan area is >5,000. However, Parking A, Parking B, CFA Study, and CFA Codes are not assumed to be applicable because the county does not provide urban services to these areas (OAR 660-012-0310(3); OAR 660-012-0400(1)(b)). 3 Lane Co. population within UGBs in the metropolitan area is >5,000. However, Parking A, Parking B, CFA Study, and CFA Codes are not assumed to be applicable because the county does not provide urban services to these areas (OAR 660-012-0310(3); OAR 660-012-0400(1)(b)). PP 22-0001 ATTACHMENT 9/PAGE 4 OF 12 Compliance date for tasks in italics can be modified per OAR 660-012-0012(3) 2022 2023 2024 2025 2026-2028 2029 Corvallis Area TPR major report (5/31) TPR minor report (5/31) TPR minor report (5/31) (major in 2028) TPR minor report (5/31) Adair Village Parking A EV Conduit Parking B Transportation Modeling Performance Standards Corvallis Philomath Parking A CFA Study EV Conduit Parking B CFA Codes Transportation Modeling Performance Standards Corvallis 2027 HNA Additional CFA for UGB expansions after June 2027 TSP TPR Dev. Regs. Benton County (fewer than 5,000 population inside UGB) Transportation Modeling Performance Standards Middle Rogue TPR minor report (5/31) TPR major report (5/31) TPR minor report (5/31) TPR major report (5/31) Gold Hill Rogue River Parking A EV Conduit Parking B Transportation Modeling Performance Standards Grants Pass Parking A HNA CFA Study EV Conduit Parking B CFA Codes Transportation Modeling Performance Standards Additional CFA for UGB expansions after June 2027 TSP TPR Dev. Regs. Jackson County Josephine County (fewer than 5,000 population inside UGB) Transportation Modeling Performance Standards PP 22-0001 ATTACHMENT 9/PAGE 5 OF 12 Compliance date for tasks in italics can be modified per OAR 660-012-0012(3) 2022 2023 2024 2025 2026-2028 2029 Rogue Valley TPR minor report (5/31) TPR minor report (5/31) TPR major report (5/31) Ashland Central Point Eagle Point Medford Talent Parking A CFA Study EV Conduit Parking B Medford HNA CFA Codes Transportation Modeling Performance Standards Central Pt 2027 HNA Ashland 2029 HNA Additional CFA for UGB expansions after June 2027 TSP TPR Dev. Regs. Jacksonville Phoenix Parking A EV Conduit Parking B Transportation Modeling Performance Standards Jackson County (fewer than 5,000 population inside UGB) Transportation Modeling Performance Standards PP 22-0001 ATTACHMENT 9/PAGE 6 OF 12 Compliance date for tasks in italics can be modified per OAR 660-012-0012(3) 2022 2023 2024 2025 2026-2028 2029 Salem/Keizer Scenario Plan work program (6/30) Scenario Plan (6/30) TPR major report (5/31) Scenario Plan code amendments and TSP (6/25) TPR minor report (5/31) TPR minor report (5/31) (major in 2028) TPR minor report (5/31) Salem Keizer Parking A CFA Study EV Conduit Parking B CFA Codes Salem and Keizer HNA Transportation Modeling TSP TPR Dev. Regs. Performance Standards Additional CFA for UGB expansions after June 2027 Marion County Parking A CFA Study Parking B CFA Codes Transportation Modeling TSP TPR Dev. Regs. Performance Standards Polk County (fewer than 5,000 population inside UGB) Transportation Modeling TSP TPR Dev. Regs. Performance Standards Turner Parking A EV Conduit Parking B Transportation Modeling TSP TPR Dev. Regs. Performance Standards PP 22-0001 ATTACHMENT 9/PAGE 7 OF 12 Compliance date for tasks in italics can be modified per OAR 660-012-0012(3) 2022 2023 2024 2025 2026-2028 2029 Portland Metro TPR major report (5/31) TPR minor report (5/31) TPR minor report (5/31) (major in 2028) TPR minor report (5/31) TPR Rules specific to Metro: OAR 660-012-0140, Transportation System Planning in the Portland Metropolitan Area; OAR 660-012-0012(4)(d), Climate- Friendly Area implementation within Metro; OAR 660-012-0900(2), TPR Reporting. Metro UGMFP Region 2040 Centers [various jurisdictions] Metro to establish requirements for adoption of Centers Non-adopters to adopt Center boundaries and zoning Durham, Johnson City, Maywood Park, Rivergrove, King City, Wood Village Parking A EV Conduit Parking B Transportation Modeling Performance Standards Beaverton, Cornelius, Fairview, Forest Grove, Gladstone, Gresham, Happy Valley, Hillsboro, Lake Oswego, Milwaukie, Oregon City, Portland, Sherwood, Tigard, Troutdale, Tualatin, West Linn, Wilsonville (10k+) Parking A EV Conduit Parking B Beaverton, Fairview, Gresham, Happy Valley, Hillsboro Lake Oswego, Milwaukie, Portland, West Linn, Wilsonville HNA Transportation Modeling Forest Grove HNA Performance Standards HNA 2026: Sherwood, Troutdale, Tualatin; 2027: Gladstone, Cornelius, Tigard, Oregon City Clackamas County, Washington County Parking A Parking B Transportation Modeling Performance Standards Multnomah County4 4 Cities within Multnomah Co. have land use authority for unincorporated areas within UGB. PP 22-0001 ATTACHMENT 9/PAGE 8 OF 12 Task Summaries Parking A Reduced Mandates – OAR 660-012-0430 and OAR 660-012-0440 Effective date December 31, 2022 per OAR 660-012-0012(5)(e)– applies to development applications submitted after that date; either directly apply state administrative rules or amend local development standards o Reduced mandates for specific developments – cannot mandate more than 1 space/unit for residential developments with more than 1 unit o No mandates for small units, affordable units, childcare, facilities for people with disabilities, shelters o Reform near transit - no parking mandates allowed within ¾ mile of light or heavy rail stations or ½ mile of frequent transit corridors Parking B Parking Regulation Improvement – OAR 660-012-0405 By June 30, 2023 per OAR 660-012-0012(4)(f) - amend development standards o Preferential placement of carpool/vanpool parking o Allow redevelopment of any portion of a parking lot for bike or transit uses o Allow and encourage redevelopment of underutilized parking for other uses o Allow and facilitate shared parking o Parking lots more than ¼ acre in size must install 50% tree canopy OR solar panels, solar/wind fee-in- lieu, or green energy per OAR 330-0135-0010; requires street trees and street-like facilities along driveways o Adopt parking maximums in locations such as downtowns, regional or community center, and transit- oriented developments. Parking Maximums and Evaluation in More Populous Cities – 660-012-0415 By June 30, 2023 per OAR 660-012-0012(4)(f) o Cities >100,000 population, or >25,000 population if in Portland Metro, set certain parking maximums in specified areas o Cities >200,000 population also:  Study use of on-street timed parking in CFA and transit areas (OAR 660-012-0435 & 0440)  Implement parking management before authorizing new 100+ stall parking garages  Implement TDM management strategies before authorizing new 300+ stall garages  Adopt design requirements so ground floor of parking garage convertible to other uses PP 22-0001 ATTACHMENT 9/PAGE 9 OF 12 Parking Mandate Reform Effective date June 30, 2023 per OAR 660-012-0012(4)(f) Option 1 OAR 660-012-0420 Options 2 and 3 OAR 660-012-0425 through 0450 Repeal all parking mandates within the jurisdiction no additional action needed Reduce parking burdens – adopt eight land use regulations related to reduced mandates based on factors such as shared parking, solar panels, parking space accessibility, on-street parking; unbundling of parking from rent for multifamily units near transit (OAR 660-012- 0425) Cities with populations 100,000+ adopt on-street parking prices equivalent to at least 50¢/day per spot for 5%/10% of total on-street parking supply by September 30, 2023/2025 (OAR 660-012-0450; effective dates per OAR 660-012-0012(4)(g)) Parking Reform Approaches Choose ONE of the following (option 2 -or- option 3) Policies to take effect no later than June 30, 2023 (effective date per OAR 660-012-0012(4)(f)) Option 2 OAR 660-012-0445(1)(a) - Adopt at least 3 of 5 policies below Option 3 OAR 660-012-0445(1)(b) - Adopt regulations minimizing or exempting required parking for 15 development types (summarized below) 1. Unbundle parking for residential units 2. Unbundle leased commercial parking 3. Flexible commute benefit for businesses with more than 50 employees 4. Tax on parking lot revenue 5. No more than ½ space/unit mandated for multifamily development No mandates for a variety of specific uses, small sites, vacant buildings, studio/one bedrooms, historic properties, LEED or Oregon Reach Code developments, etc. No additional parking for redevelopments/additions. Adopt parking maximums. No parking mandates within ½ mile walking distance of Climate-Friendly Areas. Designate district to manage on-street residential parking. PP 22-0001 ATTACHMENT 9/PAGE 10 OF 12 Climate-Friendly Areas CFA Study OAR 660-012-0315 Due December 31, 2023 per OAR 660-012-0012(5)(b) CFA Codes OAR 660-012-0320 via OAR 660-012-0315(6) Due Date December 31, 2024 per OAR 660-012-0012(4)(c) • CFA location and size standards per OAR 660-012-0310(2) • >10,000 population Dwelling Unit Capacity of at least 30% of current housing needs analysis (OAR 660-012-0315(1); capacity calculated per methodology in OAR 660-012- 0315(2) • Population 5,000 -10,000 Designate at least 25 acres of CFA (OAR 660-012-0315(3)) • Displacement analysis, fair and equitable outcomes plan, and narrative summary of public engagement (OAR 660-012-0315(4)) Required for all CFAs: • Allowed uses per OAR 660-012-0320(2) • Inclusion of existing abutting residential and employment zones without zoning amendments per OAR 660-012-0320(3) • Prioritization of public buildings, open spaces per OAR 660-012- 0320(4) • Block length maximums per OAR 660-012-0320(5) • Address other development regulation requirements per OAR 660-012-0320(7) • Eliminate mandates in and near climate-friendly areas or adopt parking management policies; unbundle parking for multifamily units (OAR 660-012-0435) Housing and Employment Targets OAR 660-012-0320(8) or (9) Option A Residential minimum density standards and allowed building height not less than specified by OAR 660-012-0320(8) Option B Standards other than Option A proposed by jurisdiction that achieve target dwelling unit and employment per acre Transportation System Plan Update • TSP updates may use OAR 660-012-0015 if OAR 660-018-0020 is notice provided by December 31, 2022 (OAR 660-012-0012(2)(a)). • Minor TSP updates need not meet all updated requirements if the updated portions of the plan meet new requirements, and OAR 660-018-0020 notice is provided by June 30, 2027 (OAR 660-012- 0012(2)(b)). • Compliance deadline for Eugene-Springfield and Salem -Keizer determined by OAR 660-044-0015 Scenario Planning. • Cities and Counties over 5,000 population and outside the Portland metropolitan areas must adopt major TSP update by December 31, 2029 (OAR 660-012-0012(4)(a)). Generalized Scope and Process • Overall TSP update requirements (OAR 660-012-0100 and 0105) • Public Engagement and Equity o TSP Planning Engagement generally (OAR 660-012-0120) o Equity and Underserved Populations (OAR 660-012-0125, identifying underserved populations; OAR 660-012-0130, Decision-Making with Underserved Populations; OAR 660-012-0135, Equity Analysis) PP 22-0001 ATTACHMENT 9/PAGE 11 OF 12 • System Inventories and Existing Conditions o General inventory requirements (OAR 660-012-0150) o Transportation System Planning Area (OAR 660-012-0110) o Land use assumptions (OAR 660-012-0340) o Modal inventory requirements: Pedestrian (OAR 660-012-0505); Bicycle (OAR 660-012-0605); Transit (OAR 660-012-705); Streets and Highways (OAR 660-012-0805) o Funding projections (OAR 660-012-0115) • Goals, Targets, and Project Prioritization o VMT Targets – base year and horizon year (OAR 660-012-0160) o Adoption of Transportation Performance Standards (OAR 660-012-0215) o Project Prioritization (OAR 660-012-0155) • TSP Contents o Modal design and planning requirements: Pedestrian (OAR 660-012-0510); Bicycle (OAR 660-012- 0610); Transit (OAR 660-012-710); Streets and Highways (OAR 660-012-0810) o Modal projects: Pedestrian (OAR 660-012-0520); Bicycle (OAR 660-012-0620); Transit (OAR 660-012- 720); Streets and Highways (OAR 660-012-0820) o Transportation Options Planning (OAR 660-012-0145) – transportation demand management, transit options and incentives o Enhanced review of select roadway projects (OAR 660-012-0830) – for facilities that may increase driving capacity o Prioritization framework (OAR 660-012-0155) o Unconstrained Project List (OAR 660-012-0170) – combination of modal projects; must meet VMT per capita targets from OAR 660-012-0160; Project Prioritization Framework (OAR 660-012-0155) o Financially-Constrained Project List (OAR 660-012-0180)  Created from unconstrained list per procedures in OAR 660-012-0180(3)  Sum of projects on list not to exceed 125% of funding available from OAR 660-012-0115 Transportation Planning Rule Development Regulations Land use requirements (OAR 660-012-0330) Effective date per OAR 660-012-0012(4)(e) – TSP Adoption note – implementation of OAR 660-012-0330 within a CFA is required upon adoption of CFA Zoning (OAR 660-012- 0320(7)) • Neighborhood circulation (OAR 660-012-0330(3)) • Mixed use and commercial districts (OAR 660-012-0330(4)) • Bicycle parking regulations in compliance with OAR 660-012-0630 (OAR 660-012-0330(4)(g)) • Slow streets for neighborhoods (OAR 660-012-0330(5)) • Auto-oriented land uses (OAR 660-012-0330(6)) • Allow for Low car districts (cities of 100k+, OAR 660-012-0330(7)) • Protection of transportation facilities (OAR 660-012-0330(8)) PP 22-0001 ATTACHMENT 9/PAGE 12 OF 12 EXECUTIVE ORDER NO. 20-04 DIRECTING STATE AGENCIES TO TAKE ACTIONS TO REDUCE AND REGULATE GREENHOUSE GAS EMISSIONS WHEREAS, climate change and ocean acidification caused by greenhouse gas (GHG) emissions are having significant detrimental effects on public health and on Oregon's economic vitality, natural resources, and environment; and WHEREAS, climate change has a disproportionate effect on the-physical, mental, financial, and cultural wellbeing of impacted communities, such as Native American tribes, communities of color, rural communities, coastal communities, lower-income households, and other communities traditionally underrepresented in public processes, who typically have fewer resources for adapting to climate change and are therefore the most vulnerable to displacement, adverse health effects, job loss, property damage, and other effects of climate change; and WHEREAS, climate change is contributing to an increase in the frequency and severity of wildfires in Oregon; endangering public health and safety and damaging rural economies; and WHEREAS, the world's leading climate scientists, including those in the Oregon Climate Change Research Institute, predict that these serious impacts of climate change will worsen if prompt action is not taken to curb emissions; and WHEREAS, the Intergovernmental Panel on Climate Change has identified limiting global warming to 2 degrees Celsius or less as necessary to avoid potentially catastrophic climate change impacts, and remaining below this threshold requires accelerated reductions in GHG emissions to levels at least 80 percent below 1990 levels by 2050; and WHEREAS, Oregon, as a member of the U.S. Climate Alliance, has committed to implementing policies to advance the emissions reduction goals of the international Paris Agreement; and WHEREAS, GHG emissions present a significant threat to Oregon's public health, economy, safety, and environment; and PP 22-0001 ATTACHMENT 10/PAGE 1 OF 14 ATTACHMENT 10 EXECUTIVE ORDER NO. 20-04 PAGE TWO WHEREAS, the transition from fossil fuels to cleaner energy resources can significantly reduce emissions and increase energy security and the resilience of Oregon communities in the face of climate change; and WHEREAS, emissions from the transportation sector are the single largest source of GHG emissions in Oregon; and WHEREAS, actions to reduce GHG emissions in Oregon's transportation sector will provide substantial public health co-benefits by reducing air pollutants from the combustion of gasoline and diesel fuel that are harmful to human health; and WHEREAS, the rapid transition from internal combustion engines to zero-emission vehicles will play a key role in reducing emissions from the transportation sector and advancing the state's GHG emissions reduction goals; and WHEREAS, zero-emission vehicles provide multiple benefits to Oregonians, including lower operating, maintenance, and fuel costs, and lower emissions of GHGs and other pollutants; and WHEREAS, the Legislature established ambitious goals for the adoption of zero­emission vehicles in Senate Bill 1044 (2019); and WHEREAS, rapid actions and investments by Oregon's utility sector to reduce GHG emissions and improve the resilience of the energy system in the face of climate change and wildfire risk can reduce risks for utility custo_mers; and WHEREAS, transitioning the traditional natural gas supply to renewable natural gas can significantly reduce GHG emissions; and WHEREAS, energy efficiency standards in the built environment can reduce operating costs, save renters and homeowners money on their utility bills, improve the comfort and habitability of dwellings, and reduce GHG emissions; and WHEREAS, product energy efficiency standards reduce costs for consumers, save energy, and reduce GHG emissions; and PP 22-0001 ATTACHMENT 10/PAGE 2 OF 14 EXECUTIVE ORDER NO. 20-04 PAGE THREE WHEREAS, in the absence of effective federal engagement on these issues, it is the responsibility of individual states to take immediate actions to address climate change and ocean acidification; and WHEREAS, after thorough hearings within the Oregon Legislature, a majority of both chambers support addressing climate change, and the failure of the Oregon Legislature to attain quorum has thwarted legislative action to achieve science­ based GHG emissions reduction goals; and WHEREAS, given the urgency and severity of the risks from climate change and ocean acidification, and the failure of the Legislature to address these immediate harms, the executive branch has a responsibility to the electorate, and a scientific, economic, and moral imperative to reduce GHG emissions and to reduce the worst risks of climate change and ocean acidification for future generations, to the greatest extent possible within existing laws; and WHEREAS, existing laws grant authority to state agencies to take actions to regulate and encourage a reduction of GHG emissions in a variety of circumstances; and WHEREAS, the Legislature through the Emergency Board took action on March 9, 2020, to provide permanent funding to the executive branch to pursue executive action on reducing GHG emissions; and WHEREAS, considering climate change in agency planning and decision making will help inform decisions regarding climate change risks and avoid higher mitigation and adaptation costs in the future; and WHEREAS, all agencies with jurisdiction over the sources of GHG emissions will need to continue to develop and implement programs that reduce emissions to reach the state's GHG goals; and WHEREAS, all agencies with jurisdiction over ·natural and working landscapes in Oregon will need to prepare and plan for the impacts of climate change and take actions to encourage carbon sequestration and storage; and PP 22-0001 ATTACHMENT 10/PAGE 3 OF 14 EXECUTIVE ORDER NO. 20-04 PAGE FOUR WHEREAS, the Legislature previously established the goal of achieving GHG levels "at least 75 percent below 1990 levels" by 2050, and our State has an urgent, moral obligation to set and achieve more ambitious GHG reduction goals. NOW, THEREFORE, IT IS HEREBY DIRECTED AND ORDERED: 1.State Agencies. The following state commissions and state agencies are subject to the directives set forth in this Executive Order: A.Business Oregon; B.Department of Administrative Services (DAS); C.Department of Consumer and Business Services Building Codes Division (BCD); D.Department of Land Conservation and Development (DLCD) and Land Conservation and Development Commission (LCDC); E.Environmental Justice Task Force; F.Environmental Quality Commission (EQC) and Department of Environmental Quality (DEQ); G.Oregon Department of Agriculture (ODA); H.Oregon Department of Energy (ODOE); I.Oregon Department of Fish and Wildlife (ODFW); J.Oregon Department of Forestry (ODF); K.Oregon Department of Transportation (ODOT) and Oregon Transportation Commission (OTC); L.Oregon Global Warming Commission; M.Oregon Health Authority (OHA); N.Oregon Water Resources Department (OWRD); 0.Oregon Watershed Enhancement Board (OWEB); and P.Public Utility Commission of Oregon (PUC). PP 22-0001 ATTACHMENT 10/PAGE 4 OF 14 EXECUTIVE ORDER NO. 20-04 PAGE FIVE 2.GHG Emissions Reduction Goals. Consistent with the minimum GHG reduction goals set forth in ORS 468A.205(1 )( c ), this Executive Order establishes science-based GHG emissions reduction goals, and calls for the State of Oregon to reduce its GHG emissions (1) at least 45 percent below 1990 emissions levels by 203 5; and (2) at least 80 percent below 1990 emissions levels by 2050. 3.General Directives to State Agencies. From the date of this Executive Order, the state commissions and state agencies listed in paragraph 1 are directed to take the following actions: A. B. C. GHG Reduction Goals. Agencies shall exercise any and all authority and discretion vested in thein by law to help facilitate Oregon's achievement of the GHG emissions reduction goals set forth in paragraph 2 of this Executive Order. Expedited Agency Processes. To the full extent allowed by law, agencies shall prioritize and expedite any processes and procedures, including but not limited to rulemaking processes and agency dockets, that could accelerate reductions in GHG emissions. Agency Decisions. To the full extent allowed by law, agencies shall consider and integrate climate change, climate change impacts, and the state's GHG emissions reduction goals into their planning,· budgets, investments, and policy making decisions. While carrying out that directive, agencies are directed to: (1)Prioritize actions that reduce GHG emissions in a cost­ effective manner; (2)Prioritize actions that will help vulnerable populations and impacted communities adapt to climate change impacts; and (3)Consult with the Environmental Justice Task Force when evaluating climate change mitigation and adaptation priorities and actions. D.Report on Proposed Actions. The following agencies are directed to report to the Governor by May 15, 2020, on proposed actions within their statutory authority to reduce GHG emissions and mitigate climate change impacts: DEQ, DLCD, ODA, ODOE, ODFW, ODF, ODOT, OWRD, OWEB, and PUC. PP 22-0001 ATTACHMENT 10/PAGE 5 OF 14 EXECUTIVE ORDER NO. 20-04 PAGE SIX E.Participation in Interagency W orkgroup on Climate Impacts to Impacted Communities. The Governor's Office will convene an interagency workgroup on climate impacts to impacted communities to develop strategies to guide state climate actions, with participation by the following agencies and commissions: DEQ, DLCD, ODA, ODF, ODFW, ODOE, ODOT, OHA, OWEB, OWRD, PUC, Environmental Justice Task Force, Oregon Global Warming Commission, Oregon Parks and Recreation Department, and Oregon Sustainability Board. 4.Directives to the Environmental Quality Commission and the Department of Environmental Quality. In addition to the general ·directives set forth in paragraph 3, the EQC and DEQ are directed to take the following actions: A.Oregon's Clean Fuel Standards. Pursuant to its authority under ORS 468A.265 et seq. and other applicable laws, the EQC and DEQ shall take actions necessary to amend the low carbon fuel standards, and the schedule to phase in implementation of those standards, with the goal of reducing the av�rage amount of GHG emissions per unit of fuel energy by 20 percent below 2015 levels by 2030, and 25 percent below 2015 levels by 2035. B.Clean Fuel Credits for Electrification. The EQC and DEQ are directed to advance methods accelerating the generation and aggregation of clean fuels credits by utilities that can advance the transportation electrification goals set forth in Senate Bill 1044 (2019). C.Sector-specific GHG Cap and Reduce Program. Pursuant to its authority under ORS 468A.005 et seq. and other applicable laws, the EQC and DEQ shall take actions necessary to: (1)Cap and reduce GHG emissions from large stationary sources of GHG emissions, consistent with the science-based emissions reduction goals set forth in paragraph 2 of this Executive Order; (2)Cap and reduce GHG emissions from transportation fuels, including gasoline and diesel fuel, consistent with the science-based emissions reduction goals set forth in paragraph 2 of this Executive Order; and PP 22-0001 ATTACHMENT 10/PAGE 6 OF 14 EXECUTIVE ORDER NO. 20-04 PAGE SEVEN (3)Cap and reduce GHG emissions from all other liquid and gaseous fuels, including natural gas, consistent with the science-based emissions reduction goals set forth in paragraph 2 of this Executive Order. D.Regulation of Landfill Methane Emissions. The EQC and DEQ shall take actions necessary to reduce methane gas emissions from landfills, as defined in ORS 459.005(14), that are aligned with the most stringent standards and requirements for reducing methane gas emissions from landfills adopted among the states having a boundary with Oregon. E.Reduction of Food Waste. The EQC and DEQ are directed to take actions necessary to prevent and recover food waste, with the goal of reducing food waste by 50 percent by 2030, to reduce GHG emissions resulting from such waste, including but not limited to engaging with states and other jurisdictions, industry, food retailers, and brand manufacturers to develop and implement strategies to prevent and recover food waste. F.Timeline and Implementation. (1)No later than May 15, 2020, DEQ shall submit a report to the Governor regarding an estimated timeline for rulemaking necessary for implementing the directives of paragraph 4(A)-(B) and paragraph 4(D)-(E), above. (2)DEQ shall submit a preliminary report to the Governor by May 15, 2020, regarding program options to cap and reduce emissions from large stationary sources, transportation fuels, and other liquid and gaseous fuels that can commence no later than January 1, 2022. A final report shall be due by June 30, 2020·. (3)Reports submitted pursuant to paragraph 4 of this Executive Order also should detail DEQ's plans to engage impacted communities during the rulemaking process, in a manner consistent with ORS chapter 183. 5.Directives to the Public Utility Commission of Oregon. In addition to the general directives set forth in paragraph 3, the PUC is directed to consider the following factors and values, consistent with state law: PP 22-0001 ATTACHMENT 10/PAGE 7 OF 14 EXECUTIVE ORDER NO. 20-04 PAGE EIGHT A. B. Statement of Public Interest. It is in the interest of utility customers and the public generally for the utility sector to take actions that result in rapid reductions of GHG emissions, at reasonable costs, to levels consistent with the GHG emissions reduction goals set forth in paragraph 2 of this Executive Order, including transitioning to clean energy resources and expanding low carbon transportation choices for Oregonians. Regulatory Considerations. Executive Order 00-06, which ensures that the PUC maintains its independence in decision making, is reaffirmed. The directives in this Executive Order are consistent with Executive Order 00-06. When carrying out its regulatory functions, the PUC is directed to: (1)Determine whether utility portfolios and customer programs reduce risks and costs to utility customers by making rapid progress towards reducing GHG emissions consistent with Oregon's reduction goals; (2)Encourage electric companies to support transportation electrification infrastructure that supports GHG reductions, helps achieve the transportation electrification goals set forth in Senate Bill 1044 (2019), and is reasonably expected to result in long-term benefit to customers; (3)Prioritize proceedings and activities, to the extent consistent with other legal requirements, that advance decarbonization in the utility sector, and exercise its broad statutory authority to reduce GHG emissions, mitigate energy burden experienced by utility customers, and ensure system reliability and resource adequacy; (4)Evaluate electric companies' risk-based wildfire protection plans and planned activities to protect public safety, reduce risks to utility customers, and promote energy system resilience in the face of increased wildfire frequency and severity, and in consideration of the recommendations made by the Governor's Council on Wildfire Response 2019 Report and Recommendations; PP 22-0001 ATTACHMENT 10/PAGE 8 OF 14 EXECUTIVE ORDER NO. 20-04 PAGE NINE 6. ( 5)Convening periodic workshops for purposes of assisting electric companies, consumer-owned utilities, and operators of electrical distribution systems to develop and share best practices for mitigating wildfire risk; and (6)In cooperation with Oregon Housing and Community· Services, establish a public process to address and mitigate differential energy burdens and other inequities of affordability and environmental justice, including rate design and other programs to mitigate energy burden. Directives to the Department of Consumer and Business Services Building Codes Division. In addition to the general directives set forth in paragraph 3, BCD is directed to take the following actions: A.Energy Efficiency Goal for New Construction. BCD, through its advisory boards and committees, and in cooperation with ODOE, is directed to adopt building energy efficiency goals for 2030 for new residential and commercial construction. That goal shall represent at least a 60 percent reduction in new building annual site consumption of energy, excluding electricity used for transportation or appliances, from the 2006 Oregon residential and commercial codes. B.Code Progress and Updates. BCD, through its advisory boards and committees, and in cooperation with ODOE, is directed to evaluate and report on Oregon's current progress toward achieving the goal for new residential and commercial buildings, pursuant to paragraph 6(A) of this Executive Order, and options for achieving steady progress toward the goal over the next three code cycles (2023, 2026, and 2029). Pursuant to its authority under ORS 455.500, BCD also is directed to update the Reach Code on the same timeline. No later than September 15, 2020, BCD should submit a report to the Governor on current progress and options for achieving the goals over the next three code cycles. The report should be updated every three years thereafter. C.Baseline Metrics and Reductions. BCD, in cooperation with ODOE, is directed to agree on metrics, based on best practice and academic research, to inform the baseline and reductions associated with the code updates set forth in paragraph 6(B). PP 22-0001 ATTACHMENT 10/PAGE 9 OF 14 EXECUTIVE ORDER NO. 20-04 PAGE TEN 7.Directives to the Oregon Department of Energy. In addition to the general directives set forth in paragraph 3, ODOE is directed to take the following actions: A. B. C. D. Energy Efficiency Standards. ODOE is directed to pursue emissions reductions by establishing and updating energy efficiency standards for products at least to levels equivalent to the most stringent standards among West Coast jurisdictions, including grid-connected appliances that can be utilized to manage end-use flexible electrical loads. ODOE also is directed to periodically evaluate and update those standards, as practicable, to remain at least equivalent to the most stringent standards among West Coast jurisdictions. Rulemaking. ODOE is directed to take actions necessary to establish and update energy efficiency standards for products sold or installed in Oregon that include but are not limited to the following: (1)High CRI fluorescent lamps; (2)Computers and computer monitors; (3)Faucets; (4)Shower heads; (5)Commercial fryers; (6)Commercial dishwashers; (7)Commercial steam cookers; (8)Residential ventilating fans; (9)Electric storage water heaters; and (10)Portable electric spas. Timeline. Any rulemaking necessary to implement the directives set forth in paragraph 7(B) should be completed by September 1, 2020. Third-Party Validation for Cost Savings. ODOE, in cooperation with BCD, is directed to contract with a third party consulting firm to assess cost implications, including long-term energy cost savings, of the energy efficiency and building code actions set forth in paragraph 6(A)-(B) of this Executive Order. PP 22-0001 ATTACHMENT 10/PAGE 10 OF 14 EXECUTIVE ORDER NO. 20-04 PAGE ELEVEN 8.Directives to the Department of Administrative Services. In addition to the general directives set forth in paragraph 3, DAS is directed to take the following actions: A.Procurement Model for Zero-Emission Vehicles. DAS is directed to develop a statewide policy and plan for state agencies to follow for procuring zero-emission vehicles, which local governments and special government bodies may use as a model program for furthering adoption of zero-emission vehicles for their fleets. The model program shall provide for a rate of procurement of zero­ emission vehicles consistent with the findings and goals set forth in ORS 283.398 and the provisions of ORS 283.327. The model program may provide for DAS to participate in, sponsor, conduct, or administer cooperative procurements in accordance with ORS 279A.200 to ORS 279A.225, under which DAS, local governments, and special government bodies may procure zero­ emission vehicles. B.GHG Implications of Contracting. DAS is directed to review existing state procurement laws and practices to identify potential improvements that can reduce GHG emissions, consistent with the GHG reduction goals set forth in paragraph 2 of this Executive Order. DAS shall provide a report to the Governor no later than September 15, 2020, detailing options. C.GHG Reduction Goals and Electrification Goals. DAS is directed to support the state in meeting the GHG reduction goals set forth in paragraph 2 of this Executive Order, and the zero-emission vehicle adoption goals set forth in Senate Bill 1044 (2019), through the rapid conversion of state fleets to zero-emission vehicles, and the . expansion of electric vehicle charging infrastructure for public buildings. DAS shall provide a report to the Governor no later than September 15, 2020, detailing its plan. 9.Directives to the Oregon Transportation Commission, Oregon Department of Transportation, Land Conservation and Development Commission, Environmental Quality Commission, and Oregon Department of Energy. PP 22-0001 ATTACHMENT 10/PAGE 11 OF 14 EXECUTIVE ORDER NO. 20-04 PAGE TWELVE A.In a letter from the Governor, dated September 23, 2019, the OTC, LCDC, EQC, and ODOE were directed to prioritize implementation of the Statewide Transportation Strategy, adopted by the OTC. Those agencies are further directed to include the following elements in their implementation of the Statewide Transportation Strategy: (1)Establishment of GHG emissions reduction performance metrics; and (2) Amendments to the Transportation Planning Rule that direct changes to the transportation plans of metropolitan planning areas to meet GHG reduction goals. B.ODOT and DLCD are directed to identify and implement means to provide financial and technical assistance to metropolitan planning areas for amendment to transportation and land use plans that meet the state GHG reduction goals, or more stringent goals adopted by a metropolitan planning area. C.Implementation of the directives set forth in paragraph 9(A)-(B) shall be at the highest level within the agencies, with regular and direct reporting to the Governor. The first report shall be made to . the Governor no later than June 30, 2020. 10.Directives to the Oregon Department of Transportation. In addition to the general directives set forth in paragraph 3, ODOT is directed to take the following actions: A.In consultation with DEQ, ODOE, other appropriate state agencies, and public utilities, ODOT is directed to conduct a statewide transportation electrification infrastructure needs analysis, with particular focus on rural areas of the state, across use types and vehicle classes, to facilitate the transportation electrification goals set forth in Senate Bill 1044 (2019). The study should be completed no later than June 30, 2021. B.ODOT is directed to develop and apply a process for evaluating the GHG emissions implications of transportation projects as part of its regular capital planning and Statewide Transportation Improvement Program planning processes. ODOT shall provide a report on the process to the Governor no later than June 30, 2021. PP 22-0001 ATTACHMENT 10/PAGE 12 OF 14 EXECUTIVE ORDER NO. 20-04 PAGE THIRTEEN 11.Directives to Oregon Health Authority. In addition to the general directives set forth in paragraph 3, OHA is directed to take the following actions: A.OHA is directed to deliver a report to the Governor, the Oregon Global Warming Commission, and the Environmental Justice Task Force no later than September 1, 2020, on the public health impacts of climate change in Oregon, with particular emphasis on the risks faced by vulnerable communities, including Oregon's nine federally recognized Native American tribes, communities of color, low income communities, and rural communities. OHA is directed to update the report annually. B.OHA is directed to study the impacts of climate change on youth depression and mental health in Oregon and deliver a report to the Governor no later than June 30, 2021. C.OHA and the Oregon Occupational Safety and Health Administration (OSHA) are directed to jointly develop a proposal for standards to protect workplace employees from exposure to wildfire smoke and excessive heat. The proposal should be completed no later than June 30, 2021. 12.Directives to Oregon Global Warming Commission. In addition to the general directives set forth in paragraph 3, the Global Warming Commission is directed to take the following actions: A.In coordination with ODA, ODF, and OWEB, the Oregon Global Warming Commission is directed to submit a proposal to the Governor for consideration of adoption of state goals for carbon sequestration and storage by Oregon's natural and working landscapes, including forests, wetlands, and agricultural lands, based on best available science. The proposal shall be submitted no later than June 30, 2021. B.Consistent with its reporting requirements in House Bill 3543 (2007), the Oregon Global Warming Commission shall also include reporting on progress toward the GHG reduction goals set forth in paragraph 2 of this Executive Order, and the zero-emission vehicle adoption goals set forth in SB 1044 (2019). PP 22-0001 ATTACHMENT 10/PAGE 13 OF 14 EXECUTIVE ORDER NO. 20-04 PAGE FOURTEEN 13.Effectiveness. This Executive Order will remain in effect unless and untilit is superseded by statute or another Executive Order. Done at Salem, Oregon, this I C>4day of March, 2020. Kate Brown GOVERNOR ATTEST: ��w SECRETARY OF STATE PP 22-0001 ATTACHMENT 10/PAGE 14 OF 14