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Dear Friends and Neighbors,
The 82nd session of the Oregon Legislature will begin on February 5. Since we are in the second year of the biennium, this is a “short session,” limited by the Oregon Constitution to no more than 35 days. Short sessions were originally intended to be focused on modest course corrections or budget adjustments. But in recent years, our agendas have been dominated by big topics that can’t wait for the next long session. This year will be no exception, as we grapple with two huge issues—housing and the addiction crisis—that are sure to absorb most of the energy in the Capitol.
This newsletter provides a summary of my policy priorities and proposals for the short session, as well as information on how you can participate in the legislative process.
As always, I’m deeply grateful for your questions and feedback, both supportive and skeptical. As a community and a state, we are facing some tough and likely contentious issues. Our task is to find a path forward that is reasonable, compassionate, and pragmatic. Your input will be vital.
My best,
State Representative
Oregon House District 5 - Southern Jackson County
I am assisting Emergency Communications of Southern Oregon (ECSO), which provides our region's 911 services, with a request for capital funding to complete their radio construction build-out and modernization project.
Speaking with Jacksonville Boosters about policy priorities and legislative solutions.
Background:
In November 2020, Oregon voters, including those in Jackson County, approved Measure 110, a citizen initiative that changed the legal consequences for individuals charged with possession of drugs. Measure 110 reduced penalties for most possession offenses from a felony or misdemeanor to a new Class E violation, punishable with a $100 maximum fine. Individuals are not subject to jail, supervision, or other criminal penalties.
Since passage of Measure 110, two other intersecting but separate issues have emerged:
1) Fueled by the pandemic, we are experiencing a huge increase in the number of people living on our streets or at high risk of homelessness.
2) International cartels have flooded our communities with fentanyl, a potent, cheap, addictive, and deadly synthetic opioid that has contributed to a record number of overdose deaths, both statewide (estimated at 1,250 deaths in 2023) and in Jackson County.
Homelessness, fentanyl, and Measure 110 are distinct issues that each require a specific set of policy responses. But many Oregonians frustrated with homelessness and terrified by the prevalence of drug use and reports of overdoses on our streets have focused on Measure 110, questioning whether it is the right approach for communities. Surveys indicate that 63% of voters support reinstating criminal penalties for drug possession.
In response to growing concerns, legislative leaders created the Joint Interim Committee on Addiction and Community Safety Response in September 2023. This is a bipartisan, bicameral group of legislators charged with examining questions, gaps, and issues with the measure’s implementation. Over a 4-month period, the committee held multiple public hearings and collected testimony from individuals and organizations from across Oregon and representing diverse perspectives.
Last week the committee announced a comprehensive addiction and public safety package that will be considered in House Bill 4002. You can find a full outline of the package here, but in brief the proposal aims to take a public health approach to addiction and to leverage law enforcement consequences to encourage individuals to take the first step toward treatment.
Rethinking our Approach to Addiction - Goals of HB 4002:
Facilitate Access to Treatment
- Ensure that medication-assisted treatment is immediately accessible to people in crisis by minimizing preauthorization barriers
- Extend welfare holds to allow a treatment facility or sobering center to hold an incapacitated person for 72 hours (up from 48 hours)
- Expand Certified Community Behavioral Health Clinic operations in Oregon
- Protect people who are using medication assisted treatment to ensure that treatment is not a barrier that prevents them from accessing housing or residential care
Stop Drug Dealers
- Ensure that someone with a large stash of drugs and paraphernalia can be charged for delivery of a controlled substance
- Create steeper penalties for drug dealing in public parks and within 500 ft. of substance use disorder treatment centers and homeless shelters.
- Ask courts to keep dangerous drug dealers in jail pre-trial
Leverage Law Enforcement to Create a Path to Treatment
- Create a Class C misdemeanor for drug possession. Individuals charged must be offered a pre-booking deflection program requiring them to attend a behavioral health intervention focused on helping them into drug treatment and connecting them with peer support. Individuals who complete intervention will not be charged with the misdemeanor, which otherwise can result in up to 30 days in jail and a $1,250 fine—the same class of crime as a petty theft
- Allow law enforcement officers to legally confiscate drugs and stop public drug use—an unintended consequence of Measure 110
Monitor and Prevent Biased Enforcement
- Require reporting of all enforcement of delivery of a controlled substance and possession of a controlled substance, including officer-initiated stops and prosecutions, to the Criminal Justice Commission, which will monitor data for racial and other demographic disparities
Also Under Consideration
- In addition to these policy recommendations, the Legislature will consider budget proposals that would augment the treatment system, including shovel-ready mental health and addiction treatment facilities, local and statewide fentanyl awareness campaigns, recovery housing, and behavioral health care apprenticeships.
My Legislation - Jail-based Opioid Treatment Grants, HB 4120:
My personal contribution to this package is House Bill 4120, which will provide technical assistance and funding to jails that want to create or expand medication-assisted treatment. I drafted this legislation in partnership with a wide group of stakeholders, including addiction professionals, law enforcement, jail commanders, advocates, and medical providers. Regardless of the outcome outcome of the Measure 110 debate, jails need to be able to provide medically appropriate treatment to incarcerated individuals with opioid use disorder and to stabilize them in preparation for release.
Here is an info-sheet about HB 4120, which is supported by diverse organizations and individuals, and sponsored by a broad, bipartisan group of legislators, including members serving on the Joint Committee.
Finally, a Personal Word:
Long before my election to the legislature, I worked as an administrator for a local nonprofit providing drug and alcohol treatment. I didn’t know anything about addiction before I took that job, but I quickly developed tremendous respect and awe for my co-workers, many of whom were in recovery from long-term addiction, and our clients, who were struggling to attain sobriety and establish stable lives. Addiction is a pervasive, debilitating, and persistent condition, and recovery quite often requires individuals to change everything about their lives, including their friends, the place they live, their jobs, and their relationship with family members. These people are heroes in my book.
I also observed that law enforcement consequences were, for some individuals, the beginning of a path to stability. I saw effective outcomes in our drug courts, and watched individuals graduate from long term treatment groups. But many of our clients who were ready to re-enter the community were constrained when past law enforcement consequences saddled them with a criminal record that limited their ability to find a home or look for a job.
This experience on the ground informs my perspective on proposed changes to Measure 110, which I expect to support. Pairing the threat of modest criminal penalties with an opportunity for deflection that encourages individuals to take an initial step toward treatment and avoid a criminal record is a reasonable, pragmatic, and compassionate approach that threads the needle, finding balance between those who advocate for stronger criminal penalties, and those who believe Measure 110 should be unchanged. The final piece we will need to resolve is to streamline expungement so that criminal charges do not constrain an individual’s ability to participate in the community.
Meeting with constituents at the Ashland Library about affordable housing.
The state’s housing market is stretched thin. We have a deficit of 140,000 units, and that squeezes both our rental and ownership markets, forcing Oregonians to spend an increasing share of their monthly incomes to simply maintain a roof over their heads. Housing is key to economic development and the ability of lower and middle-income people to afford life here. The lack of affordable housing also accelerates homelessness, pushing more people to the streets.
In response to this crisis, Governor Tina Kotek has set an ambitious housing production goal of 36,000 new homes per year—a significant increase above current production of 18,000-20,000 per year. In pursuit of this goal, and in partnership with a broad range of stakeholders, the Governor’s office has drafted Senate Bill 1537, which I plan to support in the short session. It includes the following elements:
$500 Million Investment for Housing Production
- Housing infrastructure financing: $200 million
- Moderate-income housing financing: $200 million**
- Site acquisition: $40 million
- Climate-friendly incentive funding: $20 million
- Site mitigation and readiness funding: $10 million
- Local housing planning technical assistance funding: $10 million
- Local housing infrastructure planning capacity: $5 million
- Housing Accountability and Production Office: $5 million
** As part of a diverse group of partners, I have been immersed in the development of the Revolving Loan Fund to provide a funding mechanism for moderate-income housing. Housing proposed for buyers with 80-120% of median income often simply fails to pencil out because land and development costs outstrip what families with those incomes can afford to pay. This Fund will provide ongoing, targeted, and strategic support for middle income projects.
In addition to funding, SB 1537 will:
- Create a Housing Accountability and Production Office to support housing production and enhance opportunities to collaborate with local governments.
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Increase land supply though implementation of a one-time tool allowing cities in need of land and affordable housing to add limited acreage for housing to their urban growth boundary (UGB). Any land added would need consent of the property owner and could only be urban reserve, non-resource land, or exception land. Cities would also need to meet eligibility metrics to qualify and 30% of all housing units must be legally restricted for affordable housing.
- The legislation also supports climate-friendly homes with grants for new affordable housing construction to incorporate energy-efficient design, reduce energy costs for low-income residents, and stabilize operational costs for owners.
A field trip to see beaver habitats and learn about coexistence strategies for landowners.
During the short session, I will continue to serve as Chair of the House Committee on Climate, Energy, and Environment. Three bills that my office has worked on to bring to the committee are:
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HB 4014: Landowners Living with Beavers Grant Program
This is a proposal for a $1.5 million grant program fund that incentivizes private landowners to engage and implement non-lethal coexistence strategies. It will be administered through the Oregon Conservation and Recreation Fund under ODFW as flexible block grants up to $50K until the fund runs out. The program will allow for some funds to be allocated for technical assistance. Eligible entities to apply for grants include watershed councils, soil and water conservation districts, and nonprofits.
See the HB 4014 info sheet HERE
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HB 4015: Battery Storage Siting
Batteries are integral to efficient use of energy generated by renewable facilities. This bill addresses the process for permitting these facilities so that they are available where needed.
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HB 4016: Wildfire Preparedness and Response
This legislation, paired with a complementary funding package, will prepare our Prescribed Fire Liability Fund and make strategic investments in core wildfire mitigation programs in anticipation of the 2024 wildfire season.
See the funding request HERE
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During the legislative session, there will be opportunities to testify and share your thoughts about the bills that different policy committees are considering. This Legislative Participation Guide, available HERE and at the QR code, details how you can find and read bills on the Legislature’s bill database, watch committee meetings, and submit written testimony or give verbal testimony on bills.
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Capitol Phone: 503-986-1405
District Phone: 541-282-4516
Capitol Address: 900 Court St. NE, H-375, Salem, Oregon 97301
Email: Rep.PamMarsh@oregonlegislature.gov
Website and e-Subscribe: http://www.oregonlegislature.gov/marsh
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