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Dear Friends and Neighbors,
Midway through the 2023 legislative session, we’ve already checked off a couple of big accomplishments—$200 million in support for homelessness and housing expansion, and a $210 million package to help our semi-conductor industry compete for federal dollars. All bills have passed out of their first committees, and many House bills are already being heard in the State Senate.
But there is much more to do before we adjourn June 30. Right now, the Ways and Means Committee is traveling around the state to hear what Oregonians want included in our state budget. In May, the state economist will provide the legislature with the most recent revenue forecast, which will help determine what—and how much—we can fund. Without the federal aid we received during the pandemic, this year’s budget promises to be much leaner than the current version.
With a more constrained revenue picture, the legislature will need to make focused, deliberate choices. From my vantage point, housing production—all kinds of homes, and for all people—needs to be at the top of our list. We have a statewide deficit of 140,000 homes. Businesses find it increasingly difficult to recruit critical employees when their workers cannot find an affordable place to live. And as the state economist has stated, there is a direct connection between the lack of housing supply and the increasing number of people living in their cars or on our streets. It is beyond debate that housing scarcity is both a humanitarian crisis and a threat to our economic well-being.
With the pandemic (mostly!) in the rearview mirror and staffed with a new governor and 22 new House members, the 2023 legislative session has been a time to regroup, reimagine, and rebuild. Now we need to spend the remainder of this session ensuring that the state is on a solid path toward recovery and revitalization.
In the meantime, daffodils and April showers are clear evidence that the seasons are shifting toward the warmth and lingering light of summer. Every Friday when I drive back home after a week in Salem, I am reminded again what a wonderful gift it is to live in the Rogue Valley. As always, I hope you will stay in touch, sharing your insights, questions and feedback on the issues facing our community and the State of Oregon.
Best,
 State Representative
Oregon House District 5 - Southern Jackson County
I was delighted to give a speech on the House Floor in March in support of HCR1, a Resolution to commend Southern Oregon University on its 150th anniversary and all that it brings to our community. Go Raiders!
The first months of the session were notable for two significant, bipartisan efforts:
Affordable Housing and Emergency Homelessness Response
Two weeks ago Governor Kotek signed House Bills 2001 and 5019, the Affordable Housing & Emergency Homelessness Response package. This policy and funding package includes $200 million to expand shelter capacity, rehouse people who are on the cusp of homelessness, and boost housing production.
Included in the investments was $20 million to fund modular housing factory production. Modulars can be mass produced to provide backyard dwelling units, duplexes or other infill, or be stacked and attached like legos to construct apartment complexes. Boosting in-state production of modular units will also help ensure that we have an immediate and steady supply of temporary or permanent units to house survivors and rebuild communities after the next wildfire or other natural disaster.
Oregon CHIPS – Creating Helpful Incentives to Produce Semiconductors
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Passage of Senate Bill 4, the Oregon CHIPS act, opens the door for Oregon to leverage once-in-a-generation federal dollars to solidify our place as a global leader in the semiconductor industry. SB 4 allocates $210 million to support semiconductor companies competing for federal dollars and to fund universities conducting relevant high-tech research. The bill also gives Governor Kotek time-limited authority to initiate land use changes if needed for industry expansion.
Oregon CHIPs will help create good-paying, long-term jobs, keep our economy stable and competitive in the 21st Century, and help protect our national supply chain for everything from credit cards to automobiles by ensuring that we can produce semi-conductors, the essential “brains” of every electronic product, here in America.
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The housing package was an excellent initial step to enable the state to begin to reverse the trajectory of homelessness and housing scarcity. But with a statewide deficit of 140,000 housing units, we still need to double down on housing on the ground. Our current production of approximately 18,000 homes per year falls well short of what the state needs to begin to ameliorate the housing gap and to ensure that every resident has a place to call home.
I have drafted these bills to help us to ensure that all Oregonians are housed:
HB 2984 – Commercial Property Conversion to Housing
Changing patterns engendered by the pandemic have, in many places created significant commercial vacancies—office vacancies are estimated to be as much as 26% in Portland. Underutilized commercial space does nothing to benefit a community. That space, transformed to housing that allows residents to live near work, shopping or other key nodes, addresses a critical need and anchors interesting, vibrant neighborhoods.
House Bill 2984 will allow the conversion of commercial buildings to any kind of housing by right in cities of 10,000 or more residents. Repurposing underutilized existing structures for housing and, in the process converting lackluster commercial zones for dynamic, multi-use neighborhoods, just makes sense. Current bill status: Senate Committee on Housing and Development
HB 2980 – Revolving Loan Fund
Homes intended for families making between 60 and 120% of median income—sometimes referred to as workforce or middle income housing—make up about one third of our housing deficit. These middle-income wage earners are the fabric of every community and include teachers, service workers, bus drivers and many others.
Unfortunately, in current market conditions, it is difficult to build middle income housing because the cost of land and construction outstrips what families in these income brackets can afford. As a result, middle income housing is vastly underproduced, creating strain on the continuum of housing needed in across the state and limiting economic opportunity in many Oregon communities.
That shortage is apparent to Oregon employers. In a statewide employer survey conducted last March, 76% of respondents identified limited housing supply as a high or moderate barrier to hiring.
HB 2980 creates a new housing financing mechanism designed to make these projects pencil out for builders. The revolving loan fund offers jurisdictions funding to make grants to local developments that will be paid back by a fee based on the value of the improvements. Loans will be repaid over ten years, with capital then available to be reinvested in other projects. We estimate that initially 12,000 units could be constructed that would not be possible without the modest subsidy the fund would provide. Current bill status: Joint Committee on Ways and Means
HB 2981 – Housing Production
HB 2981 creates three funds to spur the development of moderate-income housing:
- The infrastructure grant & loan fund for public improvements would allow public and private developers to develop middle housing sites that require costly public street and utility improvements.
- An Oregon land fund would provide the early capital for acquisition and predevelopment of sites for workforce-income housing developments.
- A construction fund, jointly pursued by developers and local jurisdictions, would incentivize private capital to support these projects at beneficial borrowing costs.
Current bill status: Joint Committee on Ways and Means
HB 3151 and HB 2983 – Manufactured Home Park Modernization
Manufactured homes are a huge contributor to our statewide housing stock, comprising 8-10% of total homes. The 1,100 manufactured home parks located across the state provide not only housing, but also community and connection, often at a fraction of the price required in other kinds of neighborhoods.
In our own community, the importance of these manufactured home parks became painfully obvious in September 2020 when the Almeda fire destroyed 19 parks and devoured 1600 individual manufactured homes. More than ever, we quickly understood how important these neighborhoods are, and how critical it is that we protect them.
House Bill 3151 makes several important changes to manufactured housing law, including limiting the improvements and charges landlords can require of tenants as a condition of initial residency in a manufactured home park. After the 2020 wildfires I heard from many survivors who were panicked when park owners asked returning residents to pay for street lights, sidewalks, and other improvements that are part of the park’s infrastructure. HB 3151 clarifies that tenants who are placing a manufactured home in a park cannot be compelled to construct an improvement that cannot be reasonably removed and owned by the tenant at the termination of tenancy.
HB 2983 allocates funding for the preservation of existing manufactured home parks and the development of new ones. New resident or nonprofit-owned parks can provide low- and moderate-income Oregonians with an opportunity for home ownership in safe and supportive neighborhoods. With state support for infrastructure and construction, new manufactured home parks can be a pillar of our state’s housing strategy. Current bill status: HB 3151 - Senate Committee on Housing and Development; HB 2983 - Joint Committee on Ways and Means
Many of the bills I drafted this session address constituent concerns or issues affecting our larger community. Midpoint in the session, these bills have moved to the Senate or, for those needing funding to the Joint Ways and Means Committee, for additional consideration.
HB 2982 – Disaster Recovery Insurance Reforms
In the wake of the September 2020 fires it became clear that there were significant gaps in some insurance policies that left policyholders struggling at the very moment when they need help. To be sure, many insurers stepped up quickly after the fires to help families who lost everything. But that made the practices of other insurers stand out even more starkly.
Residents who lost everything had to pursue insurance claims on the loss of both dwelling and possessions. Some insurance companies acted quickly to write checks and pay residents a percent of their total personal property coverage. But other companies required wildfire survivors to fill out onerous inventory forms listing every item in the home. In the months following the fire, I heard from many residents who told me how difficult and re-traumatizing this process was for them.
HB 2982 will change current law to allow disaster survivors who experience a total loss to receive a flat 70% payout of personal property coverage. This is an optional alternative to completion of proof of loss forms required by the insurer. If you pay for coverage, at your moment of crisis you should have a fair chance of recovering your loss without enduring excessive insurance requirements. Current bill status: Senate Committee on Labor and Business
HB 2812 – Wildfire Loss Tax Deductions
I started the research that resulted in HB 2812 shortly after the devastating Bootleg fire in 2021. Bootleg didn’t affect my district, but I had a constituent whose family ranch was destroyed in that blaze. When I tried to help her find resources, I realized how little support was available. As it turned out, these survivors couldn’t even deduct personal losses on their tax returns because the federal Tax Cuts and Job Act in 2018 limited deductions to losses incurred in federally-declared emergencies. Like many disastrous events, Bootleg didn’t get a federal designation. And since the state income tax code is connected to the federal code, when a federal deduction isn’t allowed, there is no state deduction either.
HB 2812 will fix this by instituting a state tax deduction in cases where we have a state-declared disaster. The federal change is scheduled to revert in 2025, but HB 2812 will fill the void until, and if, the federal deduction is changed. The bill covers the period from 2020 to 2026, so individuals who see a financial advantage can file amended returns to use the deduction. Current bill status: Joint Committee on Tax Expenditures
HB 2726 – Early Childhood Support Network
The youngest members of our community are too often subjected to a range of adverse childhood experiences—traumas that are often generational. Frequently that’s trauma born of poverty. In other cases, trauma emerges from the death or other loss of a parent or loved one, the experience of abuse and neglect, the presence of violence in a family or community, or the mental health problems of a caregiver.
Trauma is particularly impactful in the first five years of life when experiences and relationships are stimulating development, creating millions of connections in a child’s brain. We know that 80-90% of brain development occurs before a child ever enters kindergarten. The years from birth to age 5 are vital for setting a child’s lifelong pathway. When their families have the support they need to overcome hurdles, children will flourish.
HB 2726 will provide seed funding for the Southern Oregon Early Childhood Support Network, a coordinated system of resources and services aimed at ensuring that every child in Jackson and Josephine Counties has an equitable opportunity to enter Kindergarten ready to thrive. Lessons from this pilot program will enable us to implement Child Success Delivery Systems in every region of our state.
The Early Childhood Support Network is operated under the auspices of the Southern Oregon Education Services District, and led by former State Representative Peter Buckley. Funding will be used for day-to-day needs such as diapers, clothes, shoes, food, peer support, parent education, as well as for specific financial support for safe housing, job training, transportation, and to build regional childcare capacity. Current bill status: Joint Committee on Ways and Means
HB 2929 – OWRD Injunctive Authority
Persistent and unrelenting drought has become a bleak reality in the Rogue Valley and in many regions across the state. Compounding these dire circumstances are egregious water violations—the intentional misuse of water, including use or storage of water without a water right, continued water use or interference with a locked headgate or use of another person’s water without authorization.
These violations consume our most precious natural resource with impacts on livelihoods, on wildlife, water quality, recreation, tourism and more.
HB 2929 will give Oregon Water Resources Department the authority to seek injunctive relief when the Department has evidence that a person has engaged in water use violations. The court injunction can require the user to immediately stop illegal water use and to remedy any effects of the violation. Injunctive relief will provide the Department with a tool to quickly address unlawful water use and minimize impacts to lawful users and public water supplies. Current bill status: Senate Committee on Natural Resources
HB 3464 – Protecting the Beaver, Nature’s Engineer
Southern Oregon historically was home to abundant beaver populations in the many creeks and streams that comprise the Rogue River watershed. But today, many and perhaps most of us have never laid eyes on a real living beaver.
That’s unfortunate, and not simply because the beaver is our state animal, or the OSU mascot, or because of beavers’ significance in Oregon’s history books. It’s unfortunate because beaver have lost their place as a vital component in Oregon’s ecological health and, in today’s world, for mitigating drought and climate impacts.
Currently, beavers on private land in Oregon are classified as predatory animals and can be killed at any time and for any reason. This bill will remove beavers’ predatory animal status, which will shift management of beaver on private land from the Oregon Department of Agriculture to the Oregon Department of Fish and Wildlife. With this reclassification, beaver would be considered “furbearers” and managed under existing furbearer regulations by ODFW as they currently do for other wildlife. Landowners wishing to remove or kill a beaver would contact ODFW for a permit—the same process that applies to other furbearers, including raccoons and foxes. Recognizing that quick intervention is sometimes necessary, the bill would allow emergency take of beavers that threaten immediate damage to infrastructure or crops.
The bill directs the Fish & Wildlife Commission to consider rulemaking to allow emergency beaver take. It encourages the voluntary use of non-lethal co-existence tools, and strategies to prevent beaver-related property and infrastructure damage. Most critically, this bill helps to restore beavers’ natural presence on the landscape to foster ecosystem resilience. Current bill status: Senate Committee on Natural Resources
HB 2990 – Community Resilience Hubs and Networks
Two and a half years after the Almeda fire, we are a toe-in to recovery—and many of us are starting to worry about being ready for the next disaster. Changing conditions on the ground make disaster of various kinds—heat waves, smoke events, wildfire, ice storms, power outages, or other natural catastrophes, more likely, and we need to be ready. A community where neighbors stay connected, support each other, and engage in ongoing activities will be much more able to weather these events when they occur.
HB 2990 creates a grant program within the Department of Human Services to help communities develop and maintain physical locations and trusted relationships to build the social and physical resilience needed to cope with disaster. We need to retain and nurture the knowledge and relationships born out of crisis so that we don’t have to reinvent all that during the next emergency. Current bill status: Joint Committee on Ways and Means
HB 3378 – Oregon Energy Resilience
Our electric grid and power supply is increasingly vulnerable to wildfires, ice storms, and other weather phenomena. When they occur, power outages disrupt daily life and can have significant economic and life-threatening consequences.
HB 3378 creates a grant program to encourage Oregon counties to develop and adopt energy resilience plans to protect local communities during power shutoffs. These plans will provide a blueprint for future investments in microgrids or other energy resilience projects to ensure that critical public facilities and other key community locations are maintained when the larger power grid is threatened. Current bill status: Joint Committee on Ways and Means
HB 2520 – Drone Prohibition in Emergency Operations
On September 12, 2022, a drone flying above a structure fire in Jackson County forced the grounding of an Oregon Department of Forestry helicopter engaged in firefighting due to safety concerns. At the height of fire season in drought-stricken Southern Oregon, a private drone prevented the full force of fire suppression equipment to contain the blaze, and simultaneously endangered emergency responders.
I drafted HB 2520 in response to this incident. This legislation prohibits a person from recklessly, knowingly, or intentionally using an unmanned aircraft system to interfere with wildfire suppression, law enforcement or emergency response effort, and it imposes penalties for those in violation. Current bill status: Joint Committee on Ways and Means
HB 3201 – Maximizing Federal Broadband Funding
Oregon is positioned to receive more than $250 million for broadband investments from the American Rescue Plan Act and the Infrastructure Investments and Jobs Act. After the initial distribution, we will compete for billions of more dollars. In preparation, we need to update the state’s broadband fund so that it functions effectively for both federal funding and the long term. HB 3201 will align Oregon with federal rules, guidance, and best practices so that we are ready to receive and allocate our share of this generational investment. Current bill status: Senate Committee on Veterans, Emergency Management, Federal and World Affairs
HB 2086 – Tax Assessor Error Corrections
In 2019, Alvin Woody, a Jackson County resident, discovered an error on his property tax bill. It turns out that in 2006 the county assessor adjusted the value of property owned by Mr. Woody for improvements that never happened. That error was reflected on every property tax bill from 2006 until 2019. When Mr. Woody discovered the mistake in 2019, the assessor initially refused to make a correction, finally approving it in the following year. There was no avenue for Mr. Woody to collect on past years of overpayment. The previous five years of overpayment denied to Mr. Woody, by his calculations cost him a whopping $20,495!
I heard from Mr. Woody and I was outraged. As a result, we drafted House Bill 2086. House Bill 2086 is a simple fix that requires the tax assessor to fix errors in the tax rolls that are identified by the taxpayer. The taxpayer will be allowed to petition for corrections going back as far as five years. The assessor will be required to adjust the rolls and refund overpayments for each of the affected years.
Sadly, HB 2086 isn’t retroactive and will provide no relief to Mr. Woody. But because of his efforts this won't happen to other taxpayers.
If the government makes an error, we should correct it, and we should provide the taxpayer with reasonable relief if our mistake results in overpayment of hard earned dollars. That is the least we must do. Current bill status: Senate Committee on Finance and Revenue
HB 2345 – Solitary Confinement Data Dashboard
A few years ago a constituent came to me in anguish, describing her son’s stay in solitary confinement imposed in a Department of Corrections facility. “Deborah’s" son experienced simultaneous onset of mental illness, eventually diagnosed as schizoaffective disorder, at the same time as his involvement with the criminal justice system, and he was placed in an Oregon prison. It’s terrifying enough to have ongoing and previously unrecognized mental struggles, but his experience was exacerbated by frequent placement in a 10 by 10 cell with no personal possessions, telephone, or human contact.
Fueled by Deborah's story, I have been part of a work group that has met over the past year to look at the use of segregated housing, or solitary confinement, in Oregon’s prisons. Our goal was to look for ways to support the Department of Corrections in their efforts to move away from a punishment-based model to one that will improve the safety and well being of both those in custody and the institution’s staff. Limiting the use of solitary is a complicated logistical puzzle that requires physical and staffing adjustments within the institution.
House Bill 2345 requires the Department of Corrections to establish a publicly accessible data dashboard detailing the use of disciplinary segregation in state facilities. Available information will include basic demographic data, including the race, age and misconduct status of adults in custody placed in a disciplinary segregation unit; the duration of stay; the time between stays in segregation; the level of misconduct that resulted in placement; and the amount of time an individual in segregation spends outside the cell.
System change will require significant cultural shifts and the resolution of big implementation issues. The dashboard will provide both accountability and transparency around this work. Current bill status: Senate Committee on Judiciary
Building Resilience Policy Package
Buildings are the state’s second most significant source of climate pollution, producing about 40% of greenhouse gas emissions. Consisting of four complementary bills, our Building Resilience package sets out programs and funding to increase energy efficiency and produce decarbonization in existing and future buildings. These efforts will leverage the once-in-a-generation federal funding available from last year’s Inflation Reduction Act and the Infrastructure Investment and Jobs Act. The package includes:
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SB 868, Healthy Heating and Cooling for All, proposes a state heat pump deployment program, setting a goal of 500,000 heat pumps for installation by 2030. The program will align state incentives and other subsidies related to home upgrades and efficiency with new Federal incentives to maximize Oregon’s allocation and make best use of state funds.
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SB 869, Build Smart from the Start, ensures new buildings are constructed with maximum energy efficiency and are more resilient to climate impacts. The bill directs the state Building Codes Division to work toward our greenhouse gas emissions goals through energy efficiency improvements in the building code, while maintaining alignment with national professional industry standards. It also directs BCD to study possible updates to ventilation and air cleaning standards for indoor air quality.
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SB 870 establishes a Building Performance Standard for large commercial buildings to reduce their energy use and climate emissions over time. The program will help building owners plan for upgrades to improve their buildings and provide financial incentives and technical assistance for owners taking early action to meet standards.
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SB 871, Smart State Buildings, removes barriers to enable us to accelerate energy retrofits and upgrades in state buildings.
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HB 3166 directs the State Department of Energy to create a navigation and education system to help connect Oregonians with federal energy upgrade resources. We want every Oregonian to have an opportunity to access the IRA and IIJA programs that work for their particular situation. HB 3166 aims to create a one-stop-shopping portal to assist residents and landlords interested in heat pumps or other energy improvements.
Current bill status: Joint Committee on Ways and Means
In the last two months of the session we will finalize the 2023-25 budget and take on a number of big issues. Here are a few of the bills we’ll be debating:
HB 2005 – Gun Violence Prevention Bill
Guns are now the #1 cause of death of children ages 1-18 in the United States. It doesn't have to be like this. We all deserve to feel safe in our communities. HB 2005, the Gun Violence Prevention bill, aims to keep guns out of the wrong hands, help law enforcement do their jobs, make our communities safer, and respect responsible gun owners by:
- Cracking down on ghost guns, which re unserialized and undetectable when made out of plastic, and are the gun of choice for gun traffickers, violent criminals, and people legally prohibited from buying firearms. HB 2005 prohibits the sale, manufacturing, or importing of ghost guns with exceptions for hobbyists, who will have ample time to serialize their past and future gun kits.
- Raising the age limit to 21 to own most firearms, with certain and specific exemptions, including hunting and military service.
- Giving local control for firearms in public buildings and adjacent grounds.
Current bill status: House Floor
HB 3198 – Early Literacy Success Initiative
This legislation will provide noncompetitive grants to K-12 school districts to fund literacy programs and ensure that schools are using research-based instructional strategies to teach children to read. A companion program, the Birth through Five Literacy Fund, will support parents, caregivers and family engagement in early literacy for our very youngest children. Current bill status: Joint Committee on Ways and Means
HB 3101 – Alyssa’s Law
To respond to classroom emergencies, Alyssa's law requires that classrooms will be equipped with a silent mobile panic alarm system linked directly to law enforcement and first responders that will alert school staff and key people in the school of the the emergency and its location. Current bill status: Joint Committee on Ways and Means
HB 2002 – Reproductive Health and Access to Health Care
The Reproductive Health & Access to Care bill was designed to move Oregon forward in our work to protect, strengthen, and expand safe, equitable access to reproductive and gender-affirming health care and to ensure fundamental rights. The bill will enhance access to care in medically underserved regions through a pilot mobile health clinic program and address reproductive healthcare deserts by expanding services at existing health centers at public institutions. The bill will also protect a provider's ability to provide care to all patients.
I’m proud that Oregon leads the nation in protections for reproductive health. But these
protections don’t exist if not everyone has access to them. HB 2002 takes important
steps towards closing this gap. Current bill status: House Floor
SJR 33 – Equal Rights for All Ballot Measure Referral
This Senate Joint Resolution proposes to place on the ballot for voter consideration a state constitutional amendment affirming the right to abortion, same-sex marriage and gender-affirming care. Current bill status: Senate President's Desk, waiting for committee referral
It's been a busy session, and the media has been paying attention. Check out articles that have covered legislation I've been working on HERE (under "In the Media" section).
Capitol Phone: 503-986-1405
District Phone: 541-282-4516
Capitol Address: 900 Court St. NE, H-474, Salem, Oregon 97301
Email: Rep.PamMarsh@oregonlegislature.gov
Website and e-Subscribe: http://www.oregonlegislature.gov/marsh
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