Oregon Environmental Justice Task Force Meetings... · The Citizen Advocate works with ODA staff to maintain good working relationships ... improve student nutrition; provide agriculture,

Oregon Environmental Justice Task Force

2019 Annual Report

BACKGROUND The Oregon Environmental Justice Task Force (EJTF) is composed of up to 12 members appointed by the Governor pursuant to ORS 182.538. The following people currently fill the positions.

Joel Iboa - Chair, One Oregon

Robert William Collin - Vice Chair, Retired Willamette University Professor

Scott Dahlman, Oregonians for Food and Shelter

Valentin Sanchez, Oregon Law Center

Jim Kreider, Eastern Oregon

Huy Ong, Organizing People/Activating Leaders (OPAL)

Quinn Read, Center for Biological Diversity

Gustavo Morales, Oregon Commission on Hispanic Affairs

David Tam, Oregon Commission on Asian Pacific Islander Affairs

Ben Duncan, Oregon Commission on Black Affairs

The Task Force is charged with the mission to: (1) Advise the Governor on environmental justice issues; (2) Advise natural resource agencies on environmental justice issues, including community concerns and public participation processes; (3) Identify, in cooperation with natural resource agencies, minority and low-income communities that may be affected by environmental decisions made by the agencies; (4) Meet with environmental justice communities and make recommendations to the Governor regarding concerns raised by these communities; and (5) Define environmental justice issues in the state.

Senate Bill 420 (Oregon Revised Statues 182.535-182.550), which took effect in January 2008, created requirements for natural resource state agencies as noted below. 182.545 Duties of natural resource agencies. In order to provide greater public participation and to ensure that all persons affected by decisions of the natural resource agencies have a voice in those decisions, each natural resource agency shall:

1) In making a determination whether and how to act, consider the effects of the actionon environmental justice issues.

2) Hold hearings at times and in locations that are convenient for people in thecommunities that will be affected by the decisions stemming from the hearings.

3) Engage in public outreach activities in the communities that will be affected bydecisions of the agency.

4) Create a citizen advocate position that is responsible for:a) Encouraging public participation;b) Ensuring that the agency considers environmental justice issues; andc) Informing the agency of the effect of its decisions on communities traditionally

underrepresented in public processes.

All directors of natural resource agencies, and other agency directors as the Governor may designate, shall report annually to the Environmental Justice Task Force and to the Governor on the results of the agencies’ efforts to:

1) Address environmental justice issues;2) Increase public participation of individuals and communities affected by agencies’

decisions;3) Determine the effect of the agencies’ decisions on traditionally underrepresented

communities; and4) Improve plans to further the progress of environmental justice in Oregon.

The term “natural resource agency” as determined by ORS 182.535 means: the Department of Agriculture, the Department of Education, the Department of Environmental Quality, the State Fire Marshal, the State Department of Fish and Wildlife, the State Department of Forestry, the State Department of Geology and Mineral Industries, the Oregon Health Authority, the Department of Land Conservation and Development, the State Marine Board, the Public Utility Commission, the Department of State Lands, the Department of Transportation, and the Water Resources Department.

This following report is a compilation of the 2019 annual reports from each natural resource agency listed.

Oregon Department of Agriculture Environmental Justice Task Force 2019 Annual Report

July 10, 2020 Amira Streeter Environmental Justice Task Force Office of the Governor 900 Court Street, Suite 254 Salem, OR 97301-4047 Re: Oregon Department of Agriculture 2019 EJTF Annual Report Dear Governor’s Office and Task Force Members, On behalf of the Oregon Department of Agriculture, I want to thank the Environmental Justice Task Force and the Governor’s Natural Resources Office for fostering a place to identify, address, and connect with others on environmental justice issues that intersect with the Department’s activities. In fulfillment of our annual reporting responsibilities under ORS 182.550, the Department respectfully submits our 2019 activities report. If you have any questions regarding this report, please contact Christina Higby at 503-986-5105 or [email protected]. Sincerely,

Alexis M. Taylor, Director Oregon Department of Agriculture 635 Capitol St. NE Salem, OR 97301 www.oregon.gov/oda

Oregon Department of Agriculture 2019 Environmental Justice Task Force Annual Report

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Oregon Revised Statute 182.550 requires natural resource agencies to submit an annual report to the Environmental Justice Task Force (EJTF) and to the Office of the Governor on the results of the agencies’ efforts to: (1) Address environmental justice issues; (2) Increase public participation of individuals and communities affected by agencies’ decisions; (3) Determine the effect of the agencies’ decisions on traditionally underrepresented communities; and (4) Improve plans to further the progress of environmental justice in Oregon. The Oregon Department of Agriculture (ODA or Agency) is committed to addressing environmental justice issues and promoting public participation efforts related to the agency. ODA has policies and procedures in place to ensure it meets these efforts and supports progress on environmental justice. The following 2019 activities represent the agency’s commitment to that effort: ODA’s five-year Strategic Plan (2018-2023) lays out the objectives and tools needed to serve the changing needs of Oregon’s diverse agricultural and food sectors. The agency’s core values described in the Strategic Plan include a commitment to diversity and inclusion. Oregon, and Oregon agriculture in particular, is highly diverse, ranging from large to small, rural to urban, experienced to new producers, located in a wide range of geography and operated by people of many backgrounds, histories, cultures, and interests. Continued outreach efforts to increase representation of Oregon’s diversity in agriculture has positively impacted participation in our Boards and Commissions. The strategic plan is available at https://oda.direct/StrategicPlan.

In September, ODA participated in the National Association of State Departments of Agriculture (NASDA) Annual Meeting where they officially adopted a new climate resiliency policy. ODA was a proud Co-Sponsor of this resolution. As a member of NASDA, ODA acknowledges the necessity of adaption to a changing climate to protect and enhance our nation’s natural resources, while also building a resilient agricultural industry and food supply chain. In December 2019, the State Board of Agriculture, an advisory board to ODA, signed Resolution 319 addressing climate change policy considerations. The resolution supports climate change policies that provide voluntary incentives for agriculture to mitigate and adapt to climate change; recognize agriculture's positive environmental and economic impacts; provide exemptions and compliance time frames to minimize adverse impacts to input costs and companion industries; support research into additional strategies; and support long-term planning, resource allocation and policy changes to help the state adapt to climate change. Additionally, ODA created a working Sustainability Plan in 2019 to advance internal efficiency improvements, and to define a process to identify additional actions that can support measurable advancements in internal practices and eternal program support for the environment, economy and community. ODA is part of the Climate Change Adaptation Framework workgroup, which is comprised of state agency partners, to support and advance climate change through our work.

ODA has committed a Citizen Advocate and Liaison position to serve as the agency representative to the EJTF. ODA actively participates in the EJTF meetings to report agency related environmental justice (EJ) activities and inform the agency of EJ issues. Additionally, the


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Citizen Advocate regularly attends the Governor’s Diversity & Inclusion/Affirmative Action bi-monthly meetings and was an integral part in updating the agency’s Affirmative Action Plan. The Citizen Advocate seeks out training opportunities to improve the agency’s work as it relates to environmental justice issues. In April 2019 the Citizen Advocate participated in an Environmental Justice EPA webinar on “Identifying and Prioritizing Environmentally Impacted Vulnerable Communities,” as well as a presentation by Oregon Tilth on “Social Equity & Sustainable Food” in November. Additionally, ODA participates on the planning committee for Oregon’s annual Diversity and Inclusion Conference, which provides relative training and education to state employees. ODA translates more and more documents into Spanish including “How we work for you,” “Facts and Figures,” and “Food Label Requirements.” ODA’s Citizen Advocate also serves as ODA’s Tribal Liaison. The role of this position is to inform and, when appropriate, consult with Oregon’s nine (9) federally recognized tribes on ODA’s activities. The Citizen Advocate works with ODA staff to maintain good working relationships with tribal nations in Oregon. ODA’s website has a dedicated Oregon Tribes webpage that provides resources and contact information for interested parties. Multiple ODA staff from all program areas work with tribal nations on a wide-range of topics throughout the year. Some of these activities are captured in this report, however to see a full report of ODA’s annual government-to-government activities, please visit ODA’s Oregon Tribes webpage at hhttps://oda.direct/Tribes. One particular activity to highlight is the work ODA has been doing to fulfill Executive Order 17-12 related to identifying and providing a pathway for Oregon’s Nine Federally recognized tribes to have access to items within ODA’s procession that may be of interest to tribal nations.

ODA directly supports and administers programs that benefit EJ communities. In January 2019, ODA’s Director was appointed to the Oregon Food Bank Board. The Oregon Food Bank “collects food from farmers, manufacturers, wholesalers, retailers, individuals and government sources and distribute that food through a Statewide Network of 21 Regional Food Banks and approximately 1,200 food assistance sites serving all of Oregon and Clark County, Washington."1 Other programs include the Farm to School Program, which leverages public and private resources to bring more Oregon grown and processed foods to school children. The Farm to School Program, in conjunction with the National Farm to School Network, supports the ability to serve locally grown, raised, harvested or processed foods in school cafeterias; improve student nutrition; provide agriculture, health, and nutrition education opportunities while supporting Oregon’s agriculture economy. ODA partners with the Department of Education’s Farm to School Education Grants to deliver food along with information about nutrition and agricultural production to Oregon schoolchildren. In 2019, the Farm to School Grant Program bill expanded the program from just over $4 million during the previous biennium to $15 million.

Although the FoodCorps, which is a national service program, is no longer hosted by ODA, the Agency continues to serve as a state advisor to FoodCorps Oregon. There are ten (10)

1https://www.oregonfoodbank.org/about-us/our-story/


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FoodCorps service members serving nine (8) communities in Oregon. Service members work in low income and under-resourced schools teaching kids where their food comes from, how to grow it, and how to make healthy choices every day through school garden, environmental and nutrition education. ODA also participates in the Oregon Hunger Task Force which was established to end hunger before it begins by addressing root causes.

ODA staff volunteer their personal time to assist in repackaging food at a local foodbank. In 2019, a total of 98 volunteers packed food to feed those in need at the Marion Polk Food Share location. Additionally, ODA participates in the Governor’s State Employee Food Drive, an annual event that collects non-perishable food items and monetary support that goes to help those in need in our state. In 2019, ODA employees donated 2,032 pounds of food and contributed $10,796.50 to help support those in need.

The Farm Direct Nutrition Program (FDNP), is jointly administered by the Oregon Health Authority (OHA) and ODA to provide eligible, low-income seniors and WIC (Women, Infants and Children Special Supplemental Nutrition Program) families with assistance to purchase fresh, locally grown fruits, vegetables and cut herbs from authorized farmers selling directly to consumers. This provides an additional source of nutritious food and education on selecting and preparing fresh produce to qualifying recipients while supporting local farm stands and farmers’ markets. ODA also has regulatory and consumer protection-related programs that may intersect with EJ communities: The Weights and Measures Program (WMP) provides consumer protection, fair competition among businesses, and facilitates interstate commerce and international trade by assuring the accuracy of all licensed commercial weighing and measuring devices in Oregon. The WMP inspects approximately 61,800 devices in approximately 13,600 businesses each year which are used to weigh or measure an estimated $107 billion worth of goods and products in Oregon. This program also maintains custody of Oregon’s mass and volumetric standards for measurement, which are used to provide precision calibration and traceability for Oregon’s commercial weighing system. Calibration services are provided to over 141 private businesses annually in order to help strengthen Oregon industry’s competitiveness. The Motor Fuel Quality Program (MFQP) provides consumer protection by ensuring that the estimated 2.1 billion gallons of motor vehicle gasoline and diesel fuel sold in Oregon each year meet national standards for quality and comply with Oregon's Renewable Fuel Standard (10% ethanol in gasoline and 5% biodiesel in diesel fuel). Annually, inspectors screen approximately 3,600 samples of gasoline for octane levels, inspect 5,500 fuel storage tanks for excessive water and other contaminants, and pull approximately 120 official fuel samples that are tested at a private lab for state and national specification compliance. The ODA Regulatory Laboratory Program


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ODA’s Regulatory Laboratory Program provides laboratory chemistry and microbiology analysis for ODA in the areas of food, dairy, shellfish, foliage, soil, fertilizer, pesticides, water, and various food products destined for domestic and international markets. Throughout the year, many of the samples received by the Lab for testing purposes are directly related to potential human health issues. The Country of Origin Labeling Program (COOL) Designated retailers are federally mandated to notify their customers of the country(ies) of origin and methods(s) of production (wild or farm raised-as applicable) of covered commodities. Covered commodities include muscle cuts of lamb, chicken, and goat; ground lamb, ground chicken, and ground goat; wild and farm-raised fish and shellfish; perishable agricultural commodities; macadamia nuts; pecans; ginseng; and peanuts. The USDA contracts with ODA to perform COOL audits of several food retailers each year for compliance. The Wolf Depredation Grant Program ODA provides pass-through grants to 17 qualified county wolf advisory committees. These county committees can then distribute compensation to persons who suffer loss or injury to livestock or working dogs as a result of wolf depredation and provide financial assistance to persons who implement livestock management and/or nonlethal wolf deterrent techniques designed to discourage wolf depredation of livestock. The Insect Pest Prevention & Management (IPPM) Program works to protect Oregon’s agriculture, horticulture, natural resources, and quality of life from invasive insect pests. In 2019, IPPM continued its’ third year of the multi-year eradication program to combat the destructive Japanese Beetle (JB) found in Washington County. From January to March, IPPM staff worked hard to inform residents and businesses in the treatment area about the importance of protecting Oregon from JB, as well as gather consent from residents to allow IPPM to treat the properties. To inform residents about the project, letters were mailed, notices were posted on doors, and articles were included in homeowner’s association and industry newsletters. In addition, three open house events were held in collaboration with partner agencies and stakeholders in the area to provide residents an opportunity to learn about the project, ask questions, and have conversations about their concerns. In total, about 8,500 residences, six schools, eight parks, three shopping centers, and one golf course were treated, totaling approximate 3,000 acres. Additional information about 2019 activities can be found in ODA’s Plant Program’s annual report can be found at https://oda.direct/PlantAnnualReport. The Food Safety Program ensures food is safe for consumption and works with food establishments to prevent foodborne illness, which can be a particular concern in low-income and other EJ communities. Several studies (https://consumerfed.org/pdfs/Child-Poverty-Report.pdf; https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3774461/ ) have documented higher rates of foodborne illness; higher bacterial numbers in several food products; and an increase in food safety violations in high-poverty areas in the United States, underscoring the


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importance of regular food safety inspections in EJ communities to protect the public. The Food Safety Program remains committed to support its clients’ diversity. Additionally, ongoing Food Safety Program activities that particularly benefit EJ communities include the following:

• ODA Food Safety Inspectors check expiration dates on certain products, including baby formula, during inspections to ensure they are not beyond the expiration date.

• The Food Safety program tracks the number of businesses whose preferred language is other than English. There are approximately 80 businesses where the operator prefers Spanish, Chinese, Vietnamese, Thai, Burmese, Korean, or Russian. Many ODA food safety inspectors speak multiple languages, and inspectors provide educational assistance to all the firms they inspect to help them understand and meet food safety requirements.

• Some smaller convenience stores and markets, including those who serve EJ communities, may need extra assistance in proper food handling and storage, including keeping foods out of the temperature danger zone, handling and preparing food safely, and purchasing food from approved (licensed) sources. ODA provides this extra assistance when needed, with a focus on educating store managers and employees on strategies to comply with Oregon’s food regulations.

• ODA commonly provides food recall information in several languages and tries to provide the information in a way that reaches affected businesses and consumers. The Animal Health Program tracks livestock movement in and out of the state, establishes disease testing and vaccination requirements for interstate movement, conducts outreach and education about livestock disease prevention, and investigates reports of certain livestock diseases. Outreach and education materials are available in multiple languages. The program has especially focused on poultry producers, ranging from backyard poultry to large-scale poultry operations, providing information on how to prevent avian influenza and other serious avian diseases. The Livestock Identification Program works to deny a market for stolen livestock through registration of brands and brand inspections. The programs brand application has been translated into Spanish, and the program communicates with customers who are more comfortable receiving written correspondences in Spanish. The Market Access, Certification and Inspections Programs address the development and marketing needs of Oregon’s agricultural industries to promote and create demand for Oregon agricultural products in local, domestic, and international markets through trade and business development activities; provide third party inspection and certification services that add value to products by making them more marketable; and conduct field surveys and provide laboratory testing of seed and plant material to detect pests and diseases. In April 2019, ODA staff held a Produce Safety Rule training in Spanish and translated hand-washing signs into Spanish. The Shipping Point Inspection program reached out to the Confederated Tribes of the Umatilla Indian Reservation to offer inspection help and one individual participated.


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The Natural Resource Program Areas aim to conserve, protect, and develop natural resources on public and private lands in order to ensure that agriculture will continue to be productive and economically viable in Oregon. Natural Resources Programs work to do the following: address water quality and natural resource conservation on agricultural lands; protect Oregon’s environment and public health by ensuring the proper and legal sale, use, and distribution of pesticide products; and assist local soil and water conservation districts as they help landowners properly manage Oregon’s natural resources.

The Confined Animal Feeding Operation (CAFO) Program is operated in conjunction with the Oregon Department of Environmental Quality (DEQ) under a Memorandum of Understanding and overseen by EPA. The program issues permits to qualifying CAFOs and provides inspection oversight to protect Oregon’s water quality by preventing animal wastes from entering surface and ground water. The CAFO program has incorporated EJ outreach activities to the CAFO Notice and Public Participation checklist for use in all of its noticing activities. Additionally, the CAFO National Pollutant Discharge Elimination System (NPDES) Permit, Water Pollution Control Facilities (WPCF) Permit, and public notice documents also have been translated into Spanish and are available online. The CAFO program also has native Spanish speaking staff to assist permittees and the public. In 2019, the CAFO Program Manager and Citizen Advocate & Tribal Liaison provided regular updates to one of Oregon’s federally recognized Tribes regarding a CAFO with significant compliance issues in their region of interest, and the Citizen Advocate also provided regular updates to the EJTF regarding this operation. The Smoke Management Program administers the rules for field burning in the Willamette Valley to reduce smoke impacts to populated areas in the interest of public health and welfare. Based upon the “Summary of the 2019 Field-Burning Season” document, there were a total of 23 days when burning was conducted during the 2019 season; three of the 23 days resulted in impacts to municipalities. Nephelometers, which measure particulate in the air, are located in Carus, Detroit, Eugene, Lyons, Mill City, Portland, Salem, Silverton, Springfield, and Sweet Home. Lyons experienced two hours of moderate impact over two days and four hours of light impact on three days. Mill City experienced one hour of light impact on one day. A total of 75 complaints were received for the season. The full report can be accessed at: https://www.oregon.gov/ODA/shared/Documents/Publications/NaturalResources/FieldBurningSummary2019.pdf Agricultural Water Quality Program staff continue to work with multiple partners, including the Klamath Tribe, to address water quality concerns from agricultural activities adjacent to Klamath Lake. The Klamath Tribe has been participating as part of a technical team to evaluate water quality data around the lake to develop projects with local landowners. The technical work group for Upper Klamath Lake Agricultural Water Quality improvements met several times in 2019. Tribal 303(d) funding from the EPA was solicited and received to assist a farm adjacent to Upper Klamath Lake with their tailwater recirculation system to reduce phosphorous loading and improve lake conditions for the endangered sucker species. Klamath Tribes Environmental Scientist was also added to the lost River and Klamath Headwaters Local Advisory committees.


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The Pesticide Program continues to increase efforts to reach and serve Spanish-speaking pesticide applicators and workers. The following are highlights of these efforts:

• In March 2019, ODA staff participated in a Spanish-language WorkSource training in Woodburn to give an overview of ODA, Pesticides 101, and the Pesticide Analytical and Response Center (PARC).

• Translation of documents into Spanish including: Oregon Pesticide Record Keeping Requirements; helped review and edit several ODA informational brochures and materials.

• Provided interpretation services for ODA clients including a mediation case between a Spanish-speaking employee and their employer.

• In November 2019, ODA assisted in promoting and participated in the Oregon OSHA’s first Spanish-language conference addressing workers and their needs.

• Collaborated with OSU’s Pesticide Safety Education Program (PSEP) on the delivery of Spanish-language trainings during a series of events.

• Continued WPS outreach and compliance assistance to diverse audiences. • Participated in discussions with Oregon Law Center and Oregon Employment Department to

develop methods for providing pesticide safety outreach to Spanish speaking agricultural workers.

• An ODA staff member is on the general advisory committee and the bilingual subcommittee for the development of OSU’s Solve Pest Problems resource, which aims to reduce the impacts of pests and pest management practices on people and the environment in non-agricultural settings. The resource will be rolled out in both English & Spanish.

• Actively participated in events and workshops throughout the state that emphasize minority groups to provide outreach and education about pesticide safety and pollinator protection.

• Continued participation on the Oregon Bee Project steering committee conducting pesticide and pollinator outreach in English and Spanish, and development and translation of printed resources addressing pesticide and pollinator topics.

• An ODA staff member is on the general advisory committee and the bilingual subcommittee for the development of OSU’s Solve Pest Problems resource, which aims to reduce the impacts of pests and pest management practices on people and the environment in non-agricultural settings. The resource will be rolled out in both English & Spanish.

• Actively participated in events and workshops throughout the state that emphasize minority groups to provide outreach and education about pesticide safety and pollinator protection.

• Continued participation on the Oregon Bee Project steering committee conducting pesticide and pollinator outreach in English and Spanish, and development and translation of printed resources addressing pesticide and pollinator topics. The Pesticide Analytical and Response Center (PARC) is mandated to collect pesticide-related incident information and coordinate in making appropriate referrals to PARC member agencies. PARC contracts with 211info to provide a 24-hour hotline to receive pesticide-related calls. The hotline provides assistance to customers through access to an interpreter service with more than 140 languages.


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ODA will continue to make improvements to its processes by increasing knowledge and understanding about environmental justice issues that intersect with our agency. ODA welcomes any feedback that could help support these efforts.

Annual Report to the Oregon

Environmental Justice Task Force

and Governor

Submitted to:


Governor Kate Brown

Submitted: July 2020

For the period Jan. 1, 2019, through June 30, 2020

Annual Report

700 Multnomah Street Portland, Oregon 97232

Phone: (503) 229-5301

Contact: Stephanie Caldera www.oregon.gov/DEQ

DEQ is a leader in restoring,

maintaining and enhancing

the quality of Oregon’s air,

land and water.

mailto:[email protected]

State of Oregon Department of Environmental Quality 2

2019-20 Annual Report to the Oregon Environmental Justice Task Force and

Governor

This report prepared by:

Oregon Department of Environmental Quality

700 NE Multnomah Street, Suite 600

Portland, Oregon 97232

1-800-452-4011

www.oregon.gov/deq

Contact:

Stephanie Caldera

503-229-5301

http://www.oregon.gov/deq



Governor

Alternative formats (Braille, large type) of this document can be made available.

Contact DEQ, at 503-229-5696, or toll-free in Oregon at 1-800-452-4011, ext. 5696.



Governor

Annual Report to the Oregon Environmental Justice Task Force and Governor


July 2020

The Oregon Department of Environmental Quality is committed to the principles of environmental justice

and ensuring that the agency’s actions address the interests of Oregon communities, including minority,

low-income and other traditionally underrepresented communities, as much as state and federal laws allow.

DEQ greatly appreciates the leadership and partnership of the Environmental Justice Task Force on these

important issues, and we look forward to continuing to work with the Task Force to improve the state’s

ability to ensure environmental justice.

Senate Bill 420 (Oregon Revised Statues 182.535-182.550), which took effect in January 2008, created

requirements for DEQ and other state agencies as noted below.

182.545 Duties of natural resource agencies.

In order to provide greater public participation and to ensure that all persons affected by decisions of the

natural resource agencies have a voice in those decisions, each natural resource agency shall:

(1) In making a determination whether and how to act, consider the effects of the action on

environmental justice issues.

(2) Hold hearings at times and in locations that are convenient for people in the communities that

will be affected by the decisions stemming from the hearings.

(3) Engage in public outreach activities in the communities that will be affected by decisions of the

agency.

(4) Create a citizen advocate position that is responsible for:

(a) Encouraging public participation;

(b) Ensuring that the agency considers environmental justice issues; and

(c) Informing the agency of the effect of its decisions on communities traditionally

underrepresented in public processes.

182.550 Reports by natural resource agencies.

All directors of natural resource agencies, and other agency directors as the Governor may designate,

shall report annually to the Environmental Justice Task Force and to the Governor on the results of the

agencies’ efforts to:

(1) Address environmental justice issues;

(2) Increase public participation of individuals and communities affected by agencies’ decisions;

(3) Determine the effect of the agencies’ decisions on traditionally underrepresented communities;

and

(4) Improve plans to further the progress of environmental justice in Oregon.



Governor

This report provides information on DEQ’s actions in 2019 and the first half of 2020 in support of these

requirements. For more information, please contact Stephanie Caldera, who serves as DEQ’s Environmental

Justice Coordinator. Stephanie can be reached at 503-229-5301 or [email protected].

Due to the related nature of these points, there may be some repetition in the responses below.

1. Addressing environmental justice issues

Over the past 18 months, DEQ has taken important steps to increase staff capacity for EJ analysis as the

primary way the agency builds on its framework and practices for identifying and addressing environmental

justice issues in Oregon. This capacity-building, accomplished primarily through in-person and webinar-

based training of other DEQ staff by the DEQ Environmental Justice Coordinator ensures that

environmental justice is part of the DEQ’s core work and not limited to any specific program, region or

other workgroup.

DEQ employees are working statewide on a wide range of issues to protect and improve Oregon’s

environment and the health of Oregon communities, including minority, low-income and other traditionally

underrepresented communities. Some representative examples of agency efforts in 2019 and the first half of

2020, and their incorporation of EJ principles, follow.

Continued development and implementation of the Cleaner Air Oregon Program

DEQ has continued to develop and implement the Cleaner Air Oregon Program, an industrial air toxics

permitting program established to protect human health from a variety of air toxics not otherwise regulated

by federal or state programs. This program has been under development since 2016, as a direct response to

the discovery of heavy metals emitted without controls from manufacturers of specialized art glass in

Portland at a facility very close to schools, including daycares, and many residences. In 2019, DEQ “called

in” the first six facilities subject to the CAO process, based on their relative emissions, risks to the

community and other elements that specifically include EJ-related factors. Once called in, sites must

perform additional analyses and process reviews to determine if additional emissions controls, or other

mechanisms such as changes to input materials, are needed to reduce emissions and exposure to a suite of

chemicals harmful to brain and body development, those that result in increased risk of cancers, and those

that result in increased risk of non-cancer illnesses. Due to the large number of existing sites, DEQ has

prioritized the phased call-in process based on emissions data that allows DEQ to assess risk, using an EJ

lens, of the emissions for people around the facility. Those presenting higher risk to their surrounding

communities will be assessed first, with all existing facilities eventually being assessed through CAO as part

of the permit renewal processes. If new facilities apply for an air emissions permit, they must submit

emissions data and may need to perform the CAO analysis as part of the permit application process. By

using EJ as a prioritization principle, DEQ can begin to address past disproportionate burdens from air

toxics and make Oregon’s air cleaner for all.




Governor

Enhanced coordination with other state agencies on water quality issues

In 2019, DEQ staff began developing closer working relationships with staff at the Oregon Departments of

Agriculture and Forestry. These two natural resource agencies have water quality programs that are

complementary to the water quality regulations overseen and implemented by DEQ. The agencies’

collaboration was, in part, spurred by a need to align programmatic and agency goals for clean, healthy

waters across the state and ensure all people have equal, and equitable, access to these waters for drinking,

recreation, growing crops and other beneficial uses of water. In particular, the agencies began work to align

the ways various watersheds for evaluation and monitoring, which is a critical alignment for the best

management of watersheds and reducing water pollution in a holistic way. By enhancing coordination

across agencies, water program staff are also better able to share data and make water quality information

more available to all people in Oregon. DEQ recognizes that access to accurate, high-quality data is

necessary for all people to make informed decisions about their environment and health.

Expansion of electric vehicle rebate program, Charge Ahead rebate program

In 2019, DEQ expanded its electric vehicle rebate program with the Charge Ahead rebate. This rebate, in

addition to the standard rebate, of up to $2500, offered for people who purchase or lease a new electric

vehicle in Oregon, provides additional rebate funds of $2500 for the purchase or lease of a new, or used,

electric vehicle from when the person is moderate or low-income. That additional rebate initially used

household income as the qualifying threshold, including people who cohabitated but did not share income,

such as unrelated adult roommates; however, in recognition that many people living in Oregon who are low-

and moderate-income may have roommates but that does not obligate them as a household that shares

vehicles, that definition was revised to be more inclusive and based on personal, not household, financial

information. While DEQ does not have specific numbers to assert what the difference may have been from

this adjustment, it was made in recognition that being more inclusive, rather than restrictive, in the

program’s qualifying definitions would better serve low- and moderate-income people in Oregon who want

to reduce their transportation emissions with an electric vehicle.

Incorporating environmental justice into Materials Management grant programs

Since 1991, DEQ has invited local governments, schools, nonprofits and Tribal governments to apply for

Materials Management grants that bolster DEQ's efforts to fight waste, inspire reuse and recycle

responsibly. In 2019, DEQ invested nearly $600,000 for 17 projects statewide in four categories: Food

waste prevention and rescue, waste prevention, recycling and composting and training and education. In

2019, and in consultation with the agency’s EJ Coordinator, the program placed an added emphasis on

supporting projects that foster new partnerships between community-based organizations and more

traditional environmental organizations, nonprofits, schools and governments. Applicants that demonstrated

these new partnerships received additional focus points in the review and scoring of their applications.

These focus points were designed by DEQ to incentivize community-based solutions and provide funds to

smaller entities, working in and for their communities, that may not have the staff or infrastructure to

manage the regulatory requirements of state grants. DEQ’s Materials Management staff across the state

increased and broadened their grant announcement outreach, with support from Environmental Justice Task



Governor

Force members and their organizational networks, and provided technical assistance to potential applicants,

to specifically increase better representation of organizations working in communities with environmental

justice concerns. That approach led to more applications, overall, and greater geographic distribution of the

applications than past years, with increased representation of rural, low-income and minority-serving

organizations. Based on the success of EJ-related focus points in 2019, DEQ has incorporated additional

focus points for the 2020 grant cycle if a project can demonstrate increased or improved access to materials

management activities for historically marginalized communities. DEQ’s Materials Management Program is

based on a vision of people conserving resources, protecting the environment and living well, and by

explicitly naming and centering environmental justice in program activities, the program can ensure

equitable access to that future vision.

Oregon Environmental Protection Act obligations, including environmental justice

The 2019 Oregon legislature established the Oregon Environmental Protection Act, which directed DEQ to

monitor federal environmental regulatory actions and rulemakings that could be considered a “roll back” or

loosening of federal Clean Air Act and Clean Water Act environmental protections in place before Jan. 21,

2016. As part of this, DEQ staff monitor federal rule announcements, policy actions and other decisions to

ensure that any potential roll-backs are addressed and, if needed, actions recommended to the

Environmental Quality Commission to maintain Oregon’s strong environmental protections. DEQ staff also

track federal actions that could loosen or otherwise undermine protections related to civil rights and

environmental justice. This regular monitoring includes reports from DEQ to EQC at every regular meeting

since late 2019.

Modernizing Oregon’s recycling system

In 2018, DEQ began initial scoping and program review for a needed modernization of Oregon’s recycling

system. In partnership with the Oregon Consensus Center, DEQ has worked through 2019 and 2020 to

convene a steering committee to guide the process, which is expected to continue through late 2020. As part

of developing that steering committee and process, DEQ staff consulted with the Environmental Justice

Task Force to solicit feedback on key sectors, organizations and individuals to engage. A major element to

the steering committee’s work has been an intentional focus on a shared understanding of equity, and

environmental justice, and the importance of creating a modernized system that does not disproportionately

burden people who are low-income, people who live in rural parts of the state and people who live in multi-

tenant housing. These groups and individuals have had fewer opportunities for successful recycling

strategies and infrastructure in Oregon, an imbalance that DEQ recognizes and is working to correct as the

state works toward the goals of the 2050 Vision and Framework for Materials Management. The outcome

of the steering committee’s work and recommendations will inform potential statutory and legislative

changes, and changes for program implementation.

Incorporating EJ prioritization into the site backlog for the Northwest Region Cleanup Program

In early 2020, the Northwest Region Cleanup Program reached out to the EJ Coordinator for consultation on

how to integrate environmental justice more directly its work. That program is responsible for the intake,



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assessment and cleanup of leaking underground storage tanks in DEQ’s Northwest Region, which protects

groundwater from contamination and ensures that people are not subjected to air pollution from vapors and

other air quality hazards coming from the tanks. After consultation, the program co-designed a new

prioritization process by which sites on a backlog list are reviewed in EJSCREEN and staff can use a very

simple spreadsheet to assign an EJ priority based on specified parameters and EJ data. That priority would

then be a recommendation to raise the site’s overall priority for cleanup (priority 1), consider additional

factors, including a new groundwater modeling capability for the program, and possibly raise the overall

priority (priority 2) or make no change in priority based on EJ factors (priority 3). Once the analysis has

been tested, and data validated, staff intend to use the prioritization process for new sites as they are brought

into the program.

Featuring environmental justice as part of the New Employee Orientation process

DEQ is developing a New Employee Orientation process that uses a phased cohort model for onboarding

new staff. This process is intended to introduce new staff to every part of the agency over time, which has

been a gap in new staff training in recent years. A main feature of the phased process is a quarterly cohort

meeting during which all new hires for the past quarter are brought together for a full day, or two, of

informational sessions, shared learning and networking opportunities. That cohort day is organized around

30-minute presentations to showcase the breadth of the agency’s work, with a specific presentation by the

EJ Coordinator as an “EJ 101” to ensure all staff have a shared baseline understanding of what EJ is and

how it is reflected in DEQ’s core work. Unfortunately, the cohort model has not yet been implemented due

to the prohibition on in-person gatherings due to COVID-19; however, the introductory training on

environmental justice is being recorded to be made available online for staff training.

In addition to the DEQ-initiated projects and activates described above, a number of federal and state

legislative actions in 2019 and 2020 have centered environmental justice and directed DEQ to take specific

actions or include specific focus on EJ for program development. Some of these include:

VW settlement and mitigation funds, which explicitly allocated a designated percentage of funds to

be provided to previously-underserved “vulnerable populations” at risk from diesel pollution

Governor Brown’s Executive Order 20-04, directing DEQ and many other state agencies to take

specific actions related to greenhouse gas emissions reduction with specific emphasis and focus on

the disproportionate environmental burdens faced by people and communities with environmental

justice concerns.

DEQ’s EJ Coordinator also advised, consulted with and assisted DEQ staff and managers on specific

environmental justice issues, including permitting decisions and enforcement actions, or potential issues in

various DEQ programs around the state throughout the past 18 months.



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2. Increasing participation of individuals and communities affected by the agency’s

decisions

DEQ has taken a number of steps in the past year to increase participation of individuals and communities

affected by the agency decisions. Many of these actions are continuations of past agency policy or decisions,

and increased participation and meaningful engagement of affected communities remains a key focus of the

agency’s EJ work in 2019 and the first half of 2020.

DEQ’s EJ Coordinator advises DEQ staff and managers on environmental justice issues or potential

issues in various DEQ programs, including ways to provide meaningful engagement and community-

based responses on agency actions.

o DEQ maintains an external EJ web page to inform people about the agency’s EJ work and

how to contact the EJ Coordinator: http://www.oregon.gov/deq/about-

us/Pages/Environmental-Justice.aspx

o DEQ’s EJ Coordinator receives and responds to questions, concerns and information from

community members on an ongoing basis and assists the agency in exploring options to

address EJ issues

DEQ policies require holding public meetings, including hearings and informational meetings, at times

and in locations that are convenient for potentially affected community members to attend.

DEQ adjusts its public engagement processes to provide extra hearings, additional community meetings

or other relevant actions (including translation of written materials or interpreters at individual and

community meetings), for permit decisions and other agency actions that have potentially significant

impacts on the community or in cases where the community and individuals have been subjected to

disproportionate environmental burdens.

The Environmental Quality Commission continues to use a toll-free phone line to allow remote

comment from any person during the general public comment section of the regular meeting agendas.

That item, known as public forum, had previously been in-person comment only, prior to 2016, later

expanded to comment possible by phone but only from a DEQ office in 2016. Both options were

limiting for people living far from the meeting venue or a DEQ office and the commission started using

a new, moderated toll-free phone line to allow any person to dial in from any location to provide

comment, starting in 2017.

In March 2020, in response to COVID-19 regulations and public health actions, EQC moved to all

meetings being fully virtual, with access by toll-free phone line for all portions of the commission

meetings. In May 2020, EQC began using the Zoom web conferencing platform for commission

meetings and indicated that all 2020 EQC meetings would have a remote/virtual option to ensure public

health and safety; however, in recognition of internet access and equipment being a potential barrier to

participation by communities with EJ concerns, the commission has retained the ability to use a toll-free

phone line to access these meetings.

EQC has directed DEQ to plan commission meetings at community spaces (like libraries, community

centers and educational facilities) whenever feasible to make the physical space welcome, open and

accessible to all people regardless of their relationship to state government agencies.

DEQ maintains internal web pages and information for staff, providing resources to all employees to

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help evaluate how agency actions may affect people and communities with EJ concerns or are otherwise

disproportionately burdened by environmental harms

DEQ continues to build stronger relationships with tribal nations on a government-to-government basis

to consult on how potential agency actions may affect tribal interests and to explore opportunities for

greater state-tribal partnership.

o More information about DEQ’s work with tribal nations is available in DEQ’s Annual

Government-to-Government Report on Tribal Relations (http://www.oregon.gov/deq/about-

us/Pages/tribal.aspx).

3. Determining the effect of the agency’s decisions on traditionally underrepresented

communities

DEQ managers and staff work on a case-by-case basis, and with the assistance of DEQ’s EJ Coordinator

when needed, to determine the effect of the agency’s decisions on traditionally underrepresented

communities. Actions taken in the past 18 months have provided additional tools and guidance for doing

this, and continue on an ongoing basis.

DEQ provided on-call training opportunities, both in-person and by webinar conferencing, for staff

statewide to use EJSCREEN, an evaluative tool from EPA. The periodic training was delivered by

the agency’s EJ Coordinator, in partnership with the Northwest Region Division Administrator, to a

number of sections, divisions and workgroups across the agency’s geographic regions and air, land

and water programs.

DEQ’s internal EJ web page, and related training, provides guidance to agency employees on how to

identify and reach communities that may be affected by the agency’s decisions, understand

community interests, and facilitate greater involvement in DEQ decision-making.

DEQ continues to implement the commitments of its 2020-22 Performance Partnership Agreement

with EPA, including an EJ-specific appendix. That appendix is provided at the end of this report, for

reference.

4. Improving plans to further the progress of environmental justice in Oregon

In addition to the programmatic work described in earlier sections of this report, DEQ participates in

numerous cross-agency partnerships and workgroups addressing environmental justice in Oregon.

In a continuation of a multi-year workgroup partnership, DEQ’s EJ Coordinator participated in a monthly

workgroup with other environmental justice coordinators from states in EPA Region 10, and EPA staff both

from Region 10 and national office, to share best practices, program case studies and opportunities for

training. The ongoing learning from these workgroup sessions reinforces actions at the state and regional

level and fosters collaborative work across state and government boundaries.

DEQ participated in the multi-agency process to review and update interpretation and translation service

contracts and price agreements, held by the Oregon Department of Administrative Services. These

agreements had previously lapsed in 2018 and 2019, leaving many state agencies to independently contract

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for interpretation and translation services in an uncoordinated manner. The final price agreements and

contracts are inclusive of many languages and provide a reliable and consistent price structure and

procurement process for all agencies to access when translation and interpretation are needed.

In late 2019 and 2020, DEQ consulted with the Environment Justice Task Force as the agency updated its

Performance Partnership Agreement with EPA. This agreement, updated every two years, serves as an

overall workplan for DEQ, with some elements connected to funding through the Performance Partnership

Grant from EPA to DEQ. DEQ does not receive funding allocation from EPA for environmental justice

work; however, DEQ knows that formal workplan commitments to EPA related to Oregon’s environmental

justice work is important as an accountability measure. As has been past practice for the past several PPA

updates, DEQ brought the proposed updated information for EJTF notification and review prior to

finalization. DEQ intends to continue this practice for each PPA update.

DEQ requested a new EJ and Title VI/Civil Rights position as part of the agency’s 2019-21 budget. This

position, which was approved for inclusion in the 2019-21 Governor’s Recommended Budget, was not

included in the Legislatively Approved Budget for 2019-21; however, DEQ intends to submit an updated

Equity Coordinator position request for the 2021-23 Agency Request Budget on Sept. 1, 2020. The Equity

Coordinator position is an expansion on the 2019-21 request, and would serve as the primary agency contact

for equity, more broadly, and lead on Environmental Justice issues, both internally and externally. If

approved, that 1 FTE position would expand agency capacity from the current 0.2 FTE allocation for the

DEQ Environmental Justice Coordinator role.

DEQ is committed to strengthen the agency’s ability to identify and address environmental justice issues in

Oregon. DEQ looks forward to continuing to work with the Environmental Justice Task Force, community

members, other government agencies and project partners in this effort over the coming years.

APPENDIX D: ENVIRONMENTAL JUSTICE

Performance Partnership Agreement 2020-2022 Page D-1

ENVIRONMENTAL JUSTICE ACTIONS: 2018-2020 In 2018-20, Oregon DEQ continued its efforts to integrate Environmental Justice into the agency’s work in a comprehensive and effective manner. Progress during this period has included: Partnership

Collaboration and engagement with EPA Region 10 and the states of Washington, Idaho and Alaska through a monthly conference call to address EJ issues.

Collaboration, regular communication and information or toolkit sharing with other Oregon state agencies working with communities and individuals encountering environmental justice issues.

Accountability

Consultation with the Oregon Environmental Justice Task Force on program work, such as the Cleaner Air Oregon Program’s outreach and engagement activities

Quarterly updates to the EJ Task Force, and annual reports to that body, on Oregon DEQ’s work to further environmental justice in Oregon’s environmental regulatory programs.

Presentations at the Task Force’s request on projects and programs, including the Oregon DEQ and the Oregon Health Authority’s collaborative work on PFAS/PFOA contamination concerns

Training

Maintained an online training for environmental justice that is available to all Oregon DEQ employees

Provided yearly refresher courses for EPA’s EJSCREEN, with on-call trainings available to all employees and an emphasis for training new employees who work in permitting, compliance or community-based positions

Established the agency’s Environmental Justice Coordinator as the primary contact for staff needing technical assistance or training for compliance with Title VI and Limited English Proficiency obligations

Hosted sessions at several Oregon DEQ offices for staff to watch and participate in a series of webinar trainings presented by EPA in summer 2019.

Improvements to language access

Took reasonable steps to ensure meaningful access to programs and activities that impact LEP persons, by following the four factors according to 69 Fed. Reg. 3502 (June 25, 2004):

(1) The number or proportion of LEP persons eligible to be served or likely to be encountered

(2) The frequency with which LEP individuals come in contact with or impacted by program/activities

(3) The nature and importance of the program, activity, or service provided by the ODEQ to people’s lives; and

(4) The resources available including costs considerations Daily agency work, other than monitoring and permitting

Implemented recommendations in Oregon DEQ’s statewide Toxics Reduction Strategy to reduce toxic pollution to Oregon’s air, water and land, which may have disproportionate effects on environmental justice communities

Maintained an intranet site with environmental justice resources for all Oregon DEQ staff to access and update for continuous education and information sharing across project media and geographic regions

Used EJ considerations, including a review of applications run through EJSCREEN, as part of the “focus points” for the 2019 Materials Management grants



Monitoring and permitting decisions

Incorporated Environmental Justice considerations in the facility prioritization process and formulas DEQ will use when implementing its new industrial source air toxics rules (Cleaner Air Oregon Program)

Used EJSCREEN to understand what languages other than English were likely spoken and read in a specific geographic area, and using those languages (Spanish and Russian) in addition to English on outreach materials used to solicit voluntary participation in a free well-testing program

In addition to work identified above, Oregon DEQ requested the funding authority for a new staff position to oversee the agency’s Environmental Justice and Title VI work. That position, operating as the Oregon DEQ Equity Coordinator, would serve as the primary contact for all staff and external parties regarding issues of environmental justice, equity and Title VI compliance. That request was made as part of the 2019 Oregon Legislative Session; however, DEQ did not receive funding or authority to establish the new position. ENVIRONMENTAL JUSTICE ACTIONS: 2020-2022 In 2020-22, Oregon DEQ intends to continue many of its established activities and partnerships, as listed above, and begin other, new activities to further the progress of environmental justice in Oregon. Ongoing partnerships

Collaboration and engagement with EPA Region 10 and the states of Washington, Idaho and Alaska through a monthly conference call for EJ issues.

Collaboration, regular communication and information or toolkit sharing with other Oregon state agencies working with communities and individuals encountering environmental justice issues.

Ongoing accountability

Continued quarterly updates and annual reports to the Oregon Environmental Justice Task Force Ongoing training

Provide all Oregon DEQ employees opportunities to access training in cultural competency and understanding implicit cultural bias

Provide individual and group trainings on EJSCREEN to all staff, typically at section or division meetings or in 1:1 sessions, on an as-requested basis

Provide in-depth environmental justice and EJSCREEN trainings, in-person and by webinar, made available to all staff at least once per year

Ongoing improvements to language access

Provide information and technical assistance as needed to communications and procurement staff on how to access state contracts and price agreements for translation and interpretation services

Ongoing incorporation of EJ into agency activities, other than monitoring and permitting

DEQ’s advisory committees and workgroups, including, but not limited to, participants representing environmental justice expertise

Inclusion of EJ considerations and expertise in designing the policy development process for work on reducing greenhouse gas emissions in Oregon.

Ongoing incorporation of EJ into agency monitoring and permitting decisions



Implementation of the Cleaner Air Oregon Program’s prioritization process, guiding what facilities are brought into the new regulatory program’s assessment process, and tracking how the EJ factors influence overall facility prioritization

New accountability and partnerships

Establish, through a 2021 Oregon Legislative Session request for funding and authority, a new, full-time position to serve as the Oregon DEQ Equity Coordinator, serving as the primary contact for all staff and external parties on issues of environmental justice, equity and Title VI compliance for the agency

o As noted above, Oregon DEQ made this request in the 2019 Oregon Legislative Session but did not receive the funding or authority to create the position at that time.

As directed by Governor Brown’s Executive Order 20-04 related to climate change and greenhouse gas emissions reduction, provide an interim report to the Governor’s Office by May 15, 2020, on DEQ’s plan to implement the Order, including its plans to meaningfully engage communities and individuals disproportionally impacted by climate change

Partner with other state agencies and their respective boards or commissions to fulfill the environmental justice and equity directives of Executive Order 20-04

New training

Provide a quarterly, 30-minute Introduction to Environmental Justice training to all new Oregon DEQ employees as part of the agency’s New Employee Orientation protocol

Record an introductory EJ training and an EJSCREEN-specific training to be posted on the agency’s online training system for independent access by any staff person

New improvements to language access Update Oregon DEQ’s website and fact sheets to include statements, in appropriate languages, on

how to access the information in non-English languages Develop a Limited English Proficiency implementation plan with measureable outcomes to

address the identified needs of LEP populations and provide guidance for Oregon DEQ. o This implementation plan will include training on LEP requirements and associated

policies, procedures and best practices New incorporation of EJ into agency activities, other than monitoring and permitting

Explore opportunities to focus Supplemental Environmental Project funds resulting from civil penalties for environmental law violations in communities with environmental justice concerns

Coordinate activities and opportunities for cross-training by the agency’s Environmental Justice Coordinator and members of the internal Oregon DEQ Diversity, Equity and Inclusion Committee.

Establish and implement the use of EJ criteria as part of the agency process for prioritizing cleanup sites (including new/current, waitlisted and backlog sites)

Incorporate Governor Brown’s Executive Order 20-04 into the Clean Fuels Program, including enhancements to the fleet electrification credit-generating process

Implement food waste prevention and recovery goals as outlined in Executive Order 20-04

New incorporation of EJ into agency monitoring and permitting decisions Implementation of a sector-based cap-and-reduce-style program for greenhouse gas emissions,

per Governor Brown’s Executive Order 20-04 Implementation of methane emission reductions at landfills, per Executive Order 20-04



Oregon DEQ will undertake these, and other, EJ-related activities to the extent that resources, including staff, are available.


2019 Annual Report

OREGONOFFICE OF STATE FIRE MARSHAL

Prepared July 24, 2020

Environmental Justice Task Force Annual Report - 2019 Environmental Justice Task Force Annual Report - 2019

The Mission of the Oregon Office of State Fire Marshal (OSFM) is to protect citizens, their property, and the environment from fire and hazardous materials by providing Premier Public Safety Services. The OSFM accomplishes this mission through efforts focused on fire and life safety prevention, investigation, education, and HAZMAT regu-lation, planning, and response.

Given its mission, the OSFM is designated as a “natural resource agency” under ORS 182.535. The OSFM employs five critical agency programs to engage in the environ-mental justice landscape:

• The Oregon Community Right to Know program• The State Emergency Response Commission• Local Emergency Planning Committees• The Regional Hazardous Materials Emergency Response Teams program• Hazardous Materials Transportation by Rail program

As the OSFM’s 2019 Annual Report to the Environmental Justice Task Force, this doc-ument provides details on these five programs, how they succeed in collaborative gov-ernance, and activities accomplished in 2019 that encourage public engagement in agency decisions affecting the environment in which people live, work, learn, practice spirituality, and play.

OSFM Mission Statement


Table of Contents

Community Right to Know Program . . . . . . . . . . . . . . . . . . 2

State Emergency Response Commission . . . . . . . . . . . . . . . 3

Local Emergency Planning Committees . . . . . . . . . . . . . . . . 4

Regional HazMat Emergency Response Teams . . . . . . . . . . 5RHMERT Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5State HAZMAT Team Responses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6Substances Handled by State HAZMAT Teams in 2019 (Chart) . . . . . . . .6Hazardous Substance Units Released vs. Saved (Chart) . . . . . . . . . . . . .7Outreach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7

HazMat Transportation by Rail Program . . . . . . . . . . . . . . . 8HAZMAT by Rail Emergency Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8Training and Community Outreach . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9Tabletop Exercises and Community Forums . . . . . . . . . . . . . . . . . . . . .9Investment at Fire Department Training Centers . . . . . . . . . . . . . . . . .10Resource Coordination and Information Sharing . . . . . . . . . . . . . . . . .10


2 Oregon Office of State Fire Marshal

OverviewIn 1985, the Oregon Legislature passed the Oregon Community Right to Know (CR2K) and Protection Act. The purpose of this law is to provide first responders and the public with information about hazardous substances in their response areas and neighbor-hoods. The law directs the Office of State Fire Marshal to survey business and gov-ernment facilities for information about the presence of hazardous substances and to collect information about incidents involving hazardous substances. Once collected, the information is made available to the general public in order to aid in familiarity with the hazardous materials in their communities.

The very basis of the CR2K program – enabling citizens the “right to know” about the presence of hazardous substances in a community – achieves many of the benchmarks of collaborative governance:

• Accountability: creating opportunities for meaningful involvement of potentially af-fected communities result in greater legitimacy of agency action through increased public trust and support.

• Transparency: meaningful involvement requires increased awareness of agency ac-tions and source information, which decreases the likelihood of mistakes, arbitrary or capricious decisions, and abuse of power.

• Health-oriented: ensuring full disclosure of potential health risks and providing technical assistance to EJ communities will help orient agency consideration of health-based considerations, especially those grounded in cultural differences that may otherwise be overlooked.

2019 AccomplishmentsAfter launching its new online hazardous substance reporting tool in 2018, the OS-FM’s Community Right to Know Program (CR2K) was able to increase field activities to work with facilities to ensure proper reporting. More than 900 facilities were contacted resulting in more accurate data for emergency managers, first responders, health offi-cials, and the public.

As part of the outreach, CR2K undertook a focused effort on the vehicle dismantling industry. This focus was due to a fire at a vehicle dismantler that stored and used sub-stances that were hazardous to the public and environment. As a result, more than 100 vehicle dismantlers were brought into compliance with CR2Kreporting requirements.

CR2K’s online reporting tool, the Community Right to Know Hazardous Substance Manager (CHS Manager), continues to provide a highly efficient means for facilities to report their hazardous substances, upload safety data sheets, facility maps, and emergency plans. This information is accessible by emergency managers, 911 services, first responders, health officials, and the public to plan for or respond to a hazardous

Oregon’s Community Right to Know Program


Oregon Office of State Fire Marshal 3

substance emergency. During 2019, hazardous substance information associated with more than 13,000 locations was available for review.

In order to ensure emergency managers and responders were apprised of the infor-mation available to them through CHS Manager, CR2K staff provided presentations at nearly every Local Emergency Planning Committee (LEPC) statewide. Providing this in-formation allowed these LEPC’s to better prepare for a potential emergency involving a hazardous substance that could threaten the public or the environment.

The Office of State Fire Marshal adopted OAR 837 Division 095. These rules designate the State Emergency Response Commission Executive Committee, establish Emer-gency Planning Districts (EPD)s ; and codifies Local Emergency Planning Committees (LEPCs) and their membership within each of the EPDs as required by the Emergency Planning and Community Right to Know Act (EPCRA) of 1986 (42 U.S.C. Chapter 116, Section 11001 et seq.).

OverviewORS 453.520 identifies the State Fire Marshal as the SERC. The SERC Executive Com-mittee was established to provide input and recommendations to the SERC on its re-quirements related to EPCRA, in providing assistance to the LEPCs in addressing their mandates, to advise the SERC on designation of EPDs and to address questions re-garding the creation or dissolving of LEPCs. The Executive Committee is also involved with the review of emergency response plans developed by LEPCs, and assist with hazardous materials training, education, and outreach activities in support of the SERC and LEPCs.

The SERC Executive Committee meets approximately three times a year, and member-ship on the committee is comprised of representation from the following agencies and stakeholder groups:

The State Emergency Response Commission (SERC)

Oregon Office of State Fire Marshal

Oregon Department of Transportation

Governor’s Office


Oregon Emergency Management Association

Industry

Regional Hazardous Material Response Teams

Oregon’s Federally Recognized Tribes

Office of Emergency Management

Oregon State Police

Oregon Health Authority

Local Emergency Management

Local Emergency Planning Committees

Oregon Fire Chiefs Association

Oregon Sheriffs Association

Association of Oregon Counties



Local Emergency Planning Committees (LEPC)Overview:The SERC chose to adopt counties as the geographic footprint of an EPD. They also provided the ability for multiple EPDs to work together in a joint-LEPC. The Mid-Valley LEPC, for example, is made up of Linn and Benton County EPDs.

Local Emergency Planning Committees represent the essence of collaborative gover-nance at the local level through the following benchmarks:

• Capacity Building – collaboratively working with community-based organizations and increasing community capacity to participate affords an agency the opportu-nity to take advantage of the knowledge and expertise of local communities while strengthening their partnership abilities.

• Engagement – Meaningful involvement requires early, frequent, and continuous public engagement throughout the decision-making process, ensuring that impact-ed communities not only have the technical ability but also the resources to mean-ingfully participate.

LEPC membership must include (at a minimum), elected state and local officials; police, fire, civil defense (emergency management), and public health professionals; environ-ment, transportation, and hospital officials; facility representatives; and representatives from community groups, environmental groups, and the media.

Under EPCRA, LEPCs must develop an emergency response plan, review the plan at least annually, and provide information about the community response plans to citi-zens. According to EPCRA, the emergency response plan must include the following elements:

• Identification of facilities possessing extremely hazardous substances and the trans-portation routes of those substances

• Description of emergency response procedures, on and off site

• Designation of a community coordinator and facility emergency coordinator(s) to implement the plan

• Outline of emergency notification procedures

• Description of how to determine the probable affected area and population by releases

• Description of local emergency equipment and facilities and the persons responsi-ble for them

• Outline of evacuation plans

• A training program for emergency responders (including schedules)

• Methods and schedules for exercising emergency response plans



2019 AccomplishmentsUtilizing the federal Hazardous Materials Emergency Preparedness (HMEP) Grant the SERC funded more than $250,000 in hazardous materials planning, training, teaching aids, conference, and exercise projects.

• Five Tabletop Exercises Clackamas County EPCRA compliant plan validation Coos County EPCRA compliant plan validation after inclusion of Curry County and

its facilities Douglas County EPCRA compliant plan validation Lane County Rail Response City of Harrisburg train derailment

• Two Functional Exercises City of Hermiston anhydrous ammonia release City of Pendleton train derailment

• Five EPCRA Compliant Plan Development and/or Update Clackamas County plan development continuation Coos County plan update to incorporate Curry County facilities Malheur County plan development Marion County plan development continuation Multnomah County plan development continuation

• Commodity Flow Study for Columbia County

• Rail Tank Car Training Prop Enhancement in Hermiston

• SERC Sponsored Statewide LEPC Membership Conference

• Above the line Below the Line HazMat IQ Training

• HazMat IQ Tactics: Propane IQ Training

Overview:Oregon’s Regional Hazardous Materials Emergency Response Teams (RHMERT) protect life, property, and the environment by responding to chemical emergencies and mini-mizing the dangers associated with them. There are 13 teams strategically positioned across Oregon to provide response to hazardous materials incidents. This program is based on a partnership with local government, the OSFM, and the petrochemical in-dustry wherein resources are shared to create a program that is both economical and successful.

The OSFM works with the HAZMAT teams to ensure proper training, equipment, and medical exams are provided to responders. Teams consist primarily of volunteer and career firefighters, with some law enforcement and public works employees. Team

The Regional Hazardous Materials Emergency Response Teams (RHMERT) program



Substances Handled by State Hazmat Teams in 2019

members attend a minimum of 160 hours of specialized training to become Hazardous Material Technicians.

OSFM ensures that parties responsible for the incidents are billed for the cost of mit-igation and that the contracted teams are compensated for the allowable expenses. The HAZMAT teams work with and train local responders and industry to assure local communities are prepared to respond to a hazardous materials incident and create a safer community.

2019 AccomplishmentsState HAZMAT Team Responses

In 2019, Oregon’s 13 regional hazardous materials emergency response teams were dispatched to 60 incidents statewide to mitigate oil or hazardous materials spills or releases. These responses totaled 1,395 personnel hours.



2019 Hazardous Substance Units Contained vs . Released

Outreach

When not training for or responding to incidents, these HAZMAT teams connect with local responders, community officials, and the public through outreach activities. This type of engagement might occur at a volunteer fire department’s drill night, a public safety fair, or a community emergency planning session. These opportunities resulted in 33 outreach events and trained more than 1090 first responders. In 2019, team mem-bers participated in several notable outreach events including:

• Umatilla County Fire District #1 OSFM Region No. 10 HAZMAT Team members presented information on hazardous materials and team capabilities, along with a vehicle demonstration, at the 2019 LEPC Conference in Pendleton. This forum per-mitted Oregon’s local emergency planning committee members to become more familiar with the transportation of hazardous materials and local resources available within their communities.

• Roseburg Fire OSFM Region No. 1 HAZMAT Team members participated in the Costco Community Safety Fair with 300 members of the public in attendance.

• Members of all 13 regional HAZMAT teams participated in the Northwest Area Committee meeting in Astoria. The mission of the and the Northwest Area Commit-tee (NWAC) is to protect public health and safety and the environment by ensuring coordinated, efficient, and effective support of the federal, state, tribal, local, and international responses to significant oil and hazardous substance incidents within the Pacific Northwest Region as mandated by the National Contingency Plan (NCP).



OverviewGovernor Kate Brown signed legislation in 2015 relating to the safe transport of haz-ardous materials by rail. The law made changes to Oregon Revised Statute 453 .307 to 453 .414 relating to the safe transport of hazardous materials by directing the Office of State Fire Marshal (OSFM) to coordinate training, preparedness, and response plan-ning activities with a specific focus on oil or hazardous materials spills or releases that occur during rail transport.

In part, this law mandates the OSFM to adopt by administrative rule (837-120-0520), a plan for the coordinated response to oil or hazardous materials spills or releases that occur during rail transport, identify response resources (existing and needed), and to coordinate training for emergency responders. A copy of the full report is available on the OSFM website.

The Hazardous Materials Transportation by Rail program provides the OSFM with a specific focus to prepare communities along Oregon’s railroads to respond to rail in-cidents involving hazardous materials. With a targeted concentration on communities along railroads, this program addresses another key element of collaborative gover-nance:

• Equity – intentional engagement with all potentially affected communities will re-sult in a more comprehensive analysis of potential impacts and is more likely to result in an equitable distribution of benefits and burdens.

2019 AccomplishmentsEmergency PlanningEffective April 1, 2019, the Pipeline Hazardous Materials Safety Administration – or PHMSA – implemented a final rule to improve oil spill response readiness and to miti-gate effects of rail accidents and incidents involving high-hazard flammable trains (HH-FTs). A HHFT is defined as a train comprised of 20 or more consecutive carloads of a Class 3 flammable liquid, or 35 carloads of a Class 3 flammable liquid throughout the entire train.

BNSF, Portland and Western, and Union Pacific railroads have all submitted required information to the Oregon State Emergency Response Commission (SERC). In accor-dance with this new rule, the Oregon SERC has distributed the information to the ap-propriate local authorities.

This new rule supersedes the previous U.S. Department of Transportation Emergency Order Docket No. DOT-OST-2014-0067, a rule that was specific to crude oil only.

The OSFM continues to promote the use of the AskRail mobile application to Oregon’s network of emergency officials, responders, and planners to increase its use.

Hazardous MaterialsTransportation by Rail Program



Training and Community Outreach

In 2019, OSFM’s HazMat Rail Program continued its partnerships with the Oregon fire service training community, regional HazMat emergency response teams, and Union Pacific and BNSF railroads, coordinating the delivery of HazMat emergency response training courses. Identified in the improvement plan resulting from the 2016 Mosier Crude Oil Train Derailment After Action Report, these courses have been offered free to local, state, federal, and tribal agency personnel and provide the basic framework for a safe, effective, and efficient response to a HazMat by rail incident.

The OSFM facilitated the delivery of more than 1,500 personnel training hours to fire-fighter HazMat teams, emergency planners, elected officials, and other HazMat rail re-sponders. In response to best practices developed from after-action reviews of similar rail incidents, training programs have been identified that would further prepare emer-gency officials, responders, and planners for a future incident. The training highlighted safety and mitigation issues and increased understanding of hazards and the potential impacts of them on the environment, waterways, wildlife, and vulnerable populations most at risk.

Leveraging the specialized knowledge and training of OSFM staff, regional HazMat re-sponse teams, incident management teams, and other qualified personnel, the OSFM coordinated and hosted several courses. These courses adapt core response and inci-dent command principles to the transportation by rail environment for first responders. In addition, our partner agencies get the opportunity to train their staff in core ICS prin-ciples, preparing them to integrate their agency’s mission and objectives into an active HazMat transportation by rail incident.

2019 OSFM Facilitated Training CoursesHazMat Rail EmergencyResponse Awareness

This three-hour course is designed to provide emergency responders the basic knowledge and awareness level training in response to a HazMat by rail incident.

This eight-hour course is designed to provide emergency responders the basic knowledge and operations level training in response to a HazMat by rail incident utilizing a “hands-on” approach with actual railcars, locomotives, and a visit to a local rail facility.

This 16-hour course meets OSHA and NFPA standards to qualify incident commanders to manage hazardous materials incidents. The in-tent of these standards is to provide an incident command system that is led by a single person who does not necessarily have extensive knowl-edge about the classification and verification of hazardous materials, but rather, who is able to manage emergencies of differing severity, as well as oversee the rest of the HazMat team.

HazMat Rail EmergencyResponse Operations

HazMat Incident Commander


Activity

Tabletop Exercise

Tabletop Exercise

Columbia River Gorge Rail Summit

Local Emergency Planning Committee Conference

Community

Morrow County LEPC

Lane County LEPC

Columbia River Gorge Public and Private Sector Leaders

Oregon’s Local Gov-ernment and HazMat Facilities

Topic

HazMat rail incident re-sponse and planning

HazMat rail incident re-sponse and planning

Rail safety, tribal access, group discussion

High hazard flammability trains, all hazard incident planning and operations, HazMat transportation by rail

Audience

Emergency managers, private industry, emer-gency responders

Emergency managers, private industry, emer-gency responders

Emergency managers, private industry, tribal leadership, emergency responders

Emergency managers, emergency responders, private industry

Investment at Fire Department Training CentersThrough funding authorized by ORS 453.394, OSFM has invested in placing retired rail cars at fire department training centers in Eugene, Hermiston, and Salem. The re-tired railcars provide practical and realistic training opportunities for first responders to implement mitigation and containment tactics. Additionally, placing these railcars in local communities allows neighboring and rural fire departments and public safety organizations to train without commuting to another section of the state. Local training is cost effective and increases first responder participation. For most fire departments, obtaining these railcars would be difficult to obtain due to budgetary constraints or logistical hurdles. These investments will continue to be impactful and improve readi-ness of local fire departments to respond to HazMat by rail emergencies by expanding these training opportunities. In the future, the OSFM plans to install additional railcars in Redmond and Portland.

Resource Coordination and Information SharingThe OSFM continues to maintain eight foam firefighting trailers that have been stra-tegically placed in the most vulnerable areas for quick response and mitigation, along mainline tracks throughout Oregon where crude oil or other high-hazard flammable trains (HHFT) travel.


Tabletops and Community Forums

OSFM staff participated in and facilitated tabletop (TTX) exercises and community fo-rums to discuss planning and response strategies throughout 2019. These exercises and discussions revolved around HazMat by rail incidents, often in a roundtable format with representatives from all forms of public and private agencies. TTXs in particular are designed to test emergency response plans, reveal operational gaps, identify train-ing needs, and recommend updates to plans. Notable tabletop exercises or discussions in 2019 included:



As ORS 453.392 seeks an inventory of all emergency response resources available, the OSFM continues to upload many of these assets into the Worldwide Response Re-source List (WRRL).

In 2019, the OSFM continued to collaborate with the Oregon Department of Transpor-tation (ODOT) Rail and Public Transit Division to give first responders and emergency planners access to a secure web-based information-sharing platform, known as Gov-Space, that details types and quantities of hazardous materials transported by rail on a quarterly basis through specific geographic areas.


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This plan was prepared by:

Oregon State PoliceOFFICE OF STATE FIRE MARSHAL

oregon.gov/osp/sfmfb.com/OregonStateFireMarshal

twitter.com/OSFM

Contact:Michael Heffner, Manager

Emergency Response Services Division503-934-8030 — [email protected]

1

Mr. Joel Iboa, Chair Environmental Justice Task Force Mr. Benjamin Duncan, Co-Chair Environmental Justice Task Force Ms. Amira Streeter Natural Resources Office Governor’s Office Salem, OR 97301 Dear Messrs. Iboa, Duncan and Ms. Streeter, Thank you for the opportunity to work with the Oregon Environmental Justice Task Force. To comply with the reporting requirements of ORS 182.550 I have attached a short summary document. Also in meeting the requirements of ORS 182.545, I will continue to serve as our agency’s citizen advocate. If you have any questions or need additional information, please feel free to contact me at 503-947-6044. Sincerely,

Curtis E. Melcher Director c. Kourtney Linebaugh GNRO

Department of Fish and Wildlife Office of the Director 4034 Fairview Industrial Drive SE Salem, OR 97302 (503) 947-6044 FAX (503) 947-6042 odfw.com

Oregon Kate Brown, Governor

April 3, 2020

http://www.dfw.state.or.us/

Oregon Department of Fish and Wildlife January 3, 2020

The members of Oregon’s federally recognized Indian Tribes were the original stewards of fish and wildlife in Oregon. Therefore, the tribes represent a core traditionally underrepresented community with which the Oregon Fish and Wildlife Commission (Commission) and the Oregon Department of Fish and Wildlife (ODFW) strive to maintain an excellent working relationship. Agency leaders meet regularly with tribal representatives as the agency develops policy and regulations that affect tribal communities and tribal natural resource interests. We work closely with the Legislative Commission on Indian Services and are members of both the Natural Resources Cluster and the Cultural Resources Cluster. The primary work of the Commission is to adopt Oregon Administrative Rules (OARs) that guide sustainable fish and wildlife management. In doing their work, the Commission seeks to engage communities that are affected by decisions of the agency. The Commission meets 10-12 times annually, at least once in each congressional district, which offers frequent and diverse opportunities for the citizens of Oregon to attend a meeting in their district. Consistent with state and federal law, all meetings are open to the public with opportunity for verbal and written testimony. Additionally, the Commission regularly includes a public forum on their agendas. The public forum is an opportunity for individuals to speak to the Commission about issues that are not on the agenda and raise issues that may be relevant to their community. The public process is enhanced by way of regular receptions, field tours, and workshops that are open to the public. These venues provide additional opportunities for interaction with Commissioners in an informal setting. A critical component of the formal rule making processes is public outreach. ODFW staff conduct extensive outreach activities in communities across the state to develop rules and policies. For example, prior to setting annual big game regulations ODFW staff hold 25 meetings (one in each of the wildlife districts) to discuss species population status and to develop harvest regulations. Fishing regulations are also developed with public meetings held around the state to gather local comments and perspectives prior to the formal Commission rulemaking. Fish and wildlife management decisions must carefully strike a balance between scientifically sound species protection and publically requested use of fish and wildlife. Despite our efforts to hold public meetings at convenient locations around the state, the Department recognizes the difficulty of reaching some traditionally underrepresented communities with in-person meetings. We have been experimenting with web-based approaches to some public meetings and have been utilizing additional human dimensions surveys to help inform our decisions. For example, we conducted extensive surveys on ODFW’s license and fee structure, the Commission process for hiring a new director and to understand public attitudes toward the use of lead ammunition in hunting. We recently completed a public opinion survey of Oregonians attitudes and valuation of fish and wildlife as well as their opinions about the Department. Survey results can be found at http://www.dfw.state.or.us/agency/ .

http://www.dfw.state.or.us/agency/

ODFW and the Commission recognize that one of the largest barriers to participation in hunting and fishing activities is the complexity of regulations and licensing requirements. As a result, ODFW has undertaken several initiatives to reduce regulation complexity and simplify licensing requirements. Additionally, ODFW launched a new electronic licensing system in December 2018 to streamline license delivery and provide additional participation options to Oregonians who are most comfortable interacting digitally. We also retained the paper licensing options for customers that prefer that approach. ODFW and the Commission also recognize that many of our traditional constituents, aside from tribal members, are not members of traditionally underrepresented communities. One of the four goals in ODFW’s new Strategic Plan is to, “increase and diversify public use and enjoyment of Oregon’s fish and wildlife resources,” including a target of, “increasing diversity of our customers to reflect the gender, age, and ethnic diversity of the state’s population.” ODFW’s Information & Education Division has put strong emphasis on expanding efforts to recruit and retain new participants. For example, the agency launched a new website, myODFW.com that provides resources specifically for people looking for information about participating. ODFW’s social media strategy also emphasizes increasing engagement with women and traditionally underrepresented communities. ODFW’s biennial agency budget proposal is always based on recommendations from a 50 member External Budget Advisory Committee (EBAC) and public input from a series of town hall meetings held around the state. The EBAC and public process helps us prioritize agency programs and focus resources in areas of most interest to local constituents. The Commission and ODFW continue to rely on a lengthy list of citizen based volunteer advisory boards, task forces, and committees to help develop policies, budget priorities, and regulations. Some are required in Oregon Revised Statute, some in OARs, and some are ad hoc. Since 2012, ODFW has collaborated with the Legislative Commission on Indian Services to provide annual cultural resources training sessions to agency field biologists. This helps staff identify, report, and protect important cultural resources encountered in their regular natural resource management duties. In 2015, ODFW collaborated with several other agencies in a shared service model to retain professional archaeological staff to conduct cultural resource surveys on Department owned lands. Based on response from field managers and need for additional surveys, in 2017 ODFW recruited and hired a full time cultural resources specialist (archaeologist) to work on Department projects. Recognizing that reducing energy and water use has financial and environmental benefits for all Oregonians, ODFW continues to work on improving our operational sustainability. For instance, we have reduced energy consumption at our facilities by 21.9% since 2009 and reduced our vehicle fleet and fuel consumption 9.8% and 10.0%, respectively. These actions have collateral benefits of reducing expenditures and focusing precious resources on our primary mission. The Department and the Commission worked with the Burns Paiute Tribe to develop off reservation ceremonial hunting opportunities for deer, elk and pronghorn antelope. The first animals were harvested in 2019. The Department also continued to provide surplus Willamette

Spring Chinook for release in the Malheur River. For the last several years, this has provided the tribe with their first traditional salmon fishing opportunity in almost a century. In 2019, the Department was audited by the U.S. Fish and Wildlife Service for Title VI compliance at our facilities. The report is still under development and will be released in 2020.

Department of Geology and Mineral Industries Administrative Office

800 NE Oregon St., Suite 965 Portland, OR 97232-2162

(971) 673-1555 Fax: (971) 673-1562

www.oregon.gov/DOGAMI

Kate Brown, Governor

April 1, 2020

Joel Iboa, Chair Environmental Justice Task Force Causa Oregon 700 Marion Street NE Salem, OR 97301

Amira Streeter, Natural Resources Policy Advisor Governor’s Natural Resources Office 900 Court Street NE, 254 Salem, OR 97301 Dear Mr. Iboa and Ms. Streeter: The Department of Geology and Mineral Industries (DOGAMI) is committed to ensuring environmental justice is integral to our mission of providing earth science information and regulation to make Oregon safe and prosperous. Ben Mundie serves as DOGAMI’s State Agency Citizen Advocate for the Environmental Justice Task Force. Mr. Mundie is also the agency’s liaison to the Legislative Commission on Indian Services Cultural Resource Cluster and Natural Resource Work Group. These roles provide a valuable opportunity to coordinate, consult, and act to further the progress of environmental justice across Oregon. In fulfillment of our annual reporting responsibilities under ORS 182.550, we respectfully submit the following Environmental Justice Task Force report for the year 2019.

Sincerely,

Brad J. Avy

Director

cc: Ben Mundie

2019 Environmental Justice Task Force Report Page 1

2019 Environmental Justice Task Force Report Department of Geology and Mineral Industries

Natural resource agencies are required to submit an annual report to the Environmental Justice Task Force and to the Governor summarizing the agency’s efforts to address environmental justice issues (ORS 182.550). The annual report documents the agency’s commitment to: address environmental justice issues; increase public participation of individuals and communities affected by the agency’s decisions; determine the effects of the agency’s decisions on traditionally underrepresented communities; and improve plans to further the progress of environmental justice in Oregon. Address Environmental Justice Issues The agency’s Geological Services and Survey (GS&S) program develops information to help Oregon communities manage natural resources and prepare for natural hazards. The primary environmental and social justice issues for this program include ensuring agency-generated information is available for all communities affected by hazards and reaches all people. The communities and stakeholders potentially affected by GS&S activities are those located in geographic areas affected by natural resource management issues (including water resources and ecosystem health) and affected by natural hazards. The agency’s Mineral Land Regulation and Reclamation (MLRR) program regulates statewide mining, oil and gas, and geothermal development. The primary environmental and social justice issues for this program include ensuring protection of the environment and cultural and historic resources during 1) permitting and operation of mineral development activities and 2) reclamation and restoration of disturbed lands. The communities and stakeholders potentially affected by MLRR projects include the nine federally recognized Tribes of Oregon; historic and cultural resource stakeholders; and those communities and people adjacent to mineral development sites. Impacts to the surrounding community and people are part of the agency’s regulatory responsibilities. Local land use departments have siting authority and primary responsibility for mitigating local social impacts. Within both programs the agency works closely with federal, state, and local partners to identify key stakeholder groups for engagement in specific permits and projects. Such groups may include Tribes, watershed and environmental councils, emergency preparedness groups, school districts and education organizations, health organizations, and community development organizations.


Increase Public Participation of Individuals and Communities Affected by Agency Decisions As part of the MLRR program permitting process, the agency engages Tribes, the local land use department, the State Historic Preservation Office, and other local, state, and federal natural resource agencies for review and comment on proposed mineral development projects. For Chemical Process Mining Consolidated Permit applications, the MLRR program is required to prepare or hire a third-party contractor to prepare a socioeconomic impact analysis including Environmental Justice issues that identify and describe the positive and negative impacts of the proposed project and alternatives. The agency actively participates in the Cultural Resource Cluster and the Natural Resource Cluster groups of the Legislative Commission on Indian Services, the Environmental Justice Task Force, and the Intergovernmental Cultural Resource Council. The agency circulates all mineral development permit applications to stakeholders for review and comment, and addresses concerns raised through conditions of the operating permit. When requested, the agency meets with individual Tribal representatives regarding permitting, natural resource, and natural hazard projects. Working closely with local communities the agency seeks to identify engagement needs for projects and permitting activities with approaches that may include:

• Attending and participating in public meetings and hearings

• Meeting with specific stakeholder groups

• Increasing outreach of natural hazard information through presentations, tabling at community

events, email blasts, social media, and media interviews

• Developing informational materials to have a broader reach by creating materials in multiple

languages and multiple formats for print and electronic distribution.

During natural hazard outreach efforts, the agency attempts to reach all affected residents by:

• Conducting door-to-door outreach

• Developing strategies to specifically reach minority and low-income residents, elderly and youth

populations, and those with physical disabilities. Methods may include providing language

interpreters at community meetings, presentations at assisted living facilities, and school outreach.

Determine the Effect of the Agency’s Decisions on Traditionally Underrepresented Communities The agency is actively working with the State Historic Preservation Office and the nine federally recognized Tribes of Oregon to identity potential cultural and/or historic sites in the earliest phases of the MLRR permit application process. When concerns are raised, the operating permit may be denied, limited, or conditioned to mitigate potential impacts. As applicable, the agency requires mineral development applicants to contract with certified archaeology consultants to conduct cultural resource surveys of proposed development boundaries to ensure cultural resources are not disturbed. An environmental justice baseline study is another option used to identify potentially affected communities and provide alternatives to address impacts.


Improve Plans to Further the Progress of Environmental Justice in Oregon The agency’s focus continues to be on increasing understanding of its role and responsibility to further environmental justice within Oregon through intentional recognition and consideration of environmental justice in its training, program and project planning, project development, and implementation.

Specifically, DOGAMI has begun to explore the question of how to more effectively distribute highly technical reports to both urban and small coastal communities with growing minority populations who, for example, may not have access to a computer, do not speak English as a first language, and will not necessarily attend a public meeting out of fear. One initial step is to routinely reach out to local groups such as the Multnomah County Office of Diversity and Equity to assist DOGAMI in making such technical information more accessible. DOGAMI recently published population/socioeconomic data in the costal tsunami inundation zone focusing on households where any non-English language is spoken and where Spanish is the primary language spoken. This information was made available to local planners and officials working on tsunami outreach to provide a fuller picture of that community’s non-English speaking households. Tsunami wayfinding signage on the Oregon coast utilizes universal iconography. Key information on the ‘You Are Here’ maps is offered in both English and Spanish. A strong focus on early planning is needed to ensure outreach deliverables are built into our many grant applications and as part of our agency biennial budget request. An area DOGAMI has struggled generally and is committed to improve upon is in identifying resources for public outreach at the project conceptual stage. DOGAMI no longer has a Public Information Officer (PIO) position and the leadership team will be addressing outreach needs to reinforce agency priorities.

In order to provide greater public participation and to ensure that all persons affected by decisions by the agency have a voice in those decisions, the agency is committed to the direction provided by ORS 182.545:

• In making a determination whether and how to act, consider the effects of the action on environmental justice issues.

• Hold hearings at times and in locations that are convenient for people in the communities that will be affected by the decisions stemming from the hearings.

• Engage in public outreach activities in the communities that will be affected by decisions of the agency.

OHA 2019 REPORT TO THE ENVIRONMENTAL

JUSTICE TASK FORCE Oregon Environmental Justice Task Force Priority Areas

• ADDRESSING ENVIRONMENTAL JUSTICE

• INCREASING PUBLIC PARTICIPATION OF INDIVIDUALS AND COMMUNITIES AFFECTED BY AGENCY DECISIONS

• DETERMINING THE EFFECT OF AGENCY DECISIONS ON TRADITIONALLY UNDERREPRESENTED COMMUNITIES

• IMPROVING PLANS TO ADVANCE ENVIRONMENTAL JUSTICE IN OREGON

CROSS-CUTTING INITIATIVES

Oregon Health Authority Strategic Plan

OHA’s Office of Equity and Inclusion led a community engagement process starting in fall 2019

to center and prioritize experiences of communities of color and lower-income communities in

the development of an agency-wide strategic plan. OHA funded community-based

organizations to conduct listening sessions and forums across the state. OHA compiled the

information into a report that was required reading for all management and staff involved in a

collaborative strategic planning process. In addition, community leaders were invited to share

their perspectives at the first strategic planning meeting. This planning process was put on hold

in March because of the COVID-19 pandemic.

OHA’s Public Health Division Statewide Health Improvement Plan: Healthier Together Oregon

The purpose of Oregon’s State Health Improvement Plan (SHIP) is to identify population-wide

priorities and strategies for improving the health of people in Oregon. The SHIP serves as the

basis for taking collective action across agencies and organizations on key health issues in

Oregon. OHA provided funding to seven community-based organizations to solicit feedback

from the communities they serve to establish priorities and finalize strategies for the plan,

which will be known going forward as Healthier Together Oregon. Those priorities are:

Institutional bias, adverse childhood experiences and toxic stress, behavioral health, equitable

preventative services, and economic drivers of health. Environmental health and climate

change are included in the priority of economic drivers of health.

Interagency Climate Adaptation Framework Update

Since mid-2019 OHA has been involved in the interagency process of updating the State’s

Climate Adaptation Framework. As part of this effort OHA convened a public health panel of

community partners to share their climate and health expertise at a workshop for participating

Oregon Health Authority EJTF Update June 14, 2019 Page 2

state agencies. The panel focused on educating the interagency audience on health equity and

communities in Oregon most at risk of the health effects of climate change. Later, the 20+

agencies involved in the 2020 Climate Adaptation Framework project identified the need to

utilize best practices in incorporating environmental justice, equity and inclusion into the

Framework. In response to this need, OHA launched and is chairing an Equity Subgroup which

includes climate staff and Diversity, Equity, and Inclusion (DEI) staff from several participating

agencies. The Equity sub-group has developed a draft guiding principle to: Embrace equitable

and inclusive processes and actions that center frontline communities and foster resilience. OHA

has taken the lead in contracting with a consultant to support the interagency planning group in

aligning planning and action with this principle. OHA’s Climate and Health Program in

collaboration with the Oregon Department of Forestry are funding this work. In addition to

delivering Baseline Climate Equity training to agency staff, the consultants will be working with

agencies to produce by the end of 2020 a Climate Equity Blueprint. The Blueprint will provide

tailored tools and guidance for integrating diversity, equity and inclusion best practices into

agencies’ climate-related work.

Environmental Public Health Equity Team

OHA’s Environmental Public Health (EPH) section’s Health Equity Team, established in 2018, is

focused on building EPH’s capacity to advance health equity and environmental justice in our

work. Our first priority is internally-focused on increasing workforce diversity so that it better

reflects the communities affected by environmental exposures. In July 2019, EPH’s health

equity team launched a series of reflections and discussions with the section on inclusive

leadership and is identifying ways EPH can create a more inclusive workplace culture.

PUBLIC HEALTH SURVEILLANCE

Pesticide surveillance enhancement

Oregon’s Electronic Surveillance System for the Early Notification of Community-Based

Epidemics (Oregon ESSENCE) provides real-time data for public health and hospitals to monitor

what is happening in emergency departments and urgent care clinics across the state.

The PEST program received approval to find pesticide and chlorine gas exposure cases from

ESSENCE using certain diagnosis codes to ensure cases meet reportable condition guidelines.

These cases now come in passively, without anyone needing to report the case. As we

implement this project over the coming months, we should get another 20-30 cases from 2019

that were previously not discovered by sources such as Poison Center reports and data from

other government agencies.


Near Traffic Screening Tool

The OHA Environmental Public Health Tracking Program (Tracking Program) is developing a new

tool called the Oregon Near Road Screening Tool. The goal is to be able to identify areas with

vulnerable populations and increased risk of stroke, heart disease, lung cancer and respiratory

disease attributable to near-road vehicle emissions. The tool will display modeled tailpipe

emission concentrations with housing density, schools, licensed day care facilities, and

community demographic and socioeconomic information. Over time, we would anticipate

being able to add other air pollution sources to the tool to assess health risks from cumulative

exposures. OHA anticipates using this tool in collaborations with the Department of

Environmental Quality, Oregon Department of Transportation, local public health agencies and

other interested entities to improve understanding of community exposure to air pollution and

prioritize opportunities for pollution reduction.

Data Explorer

The Tracking Program completed a beta (test) version of its new Data Explorer, which will allow

the public and researchers to query and view data on environmental hazards. The system will

initially make available measures collected by all Centers for Disease Control-funded Tracking

programs related to community water systems and outdoor air. During this first phase the

system will also make available health outcome data and measures for asthma, birth anomalies,

cancer, childhood lead poisoning, chronic obstructive pulmonary disease, heart attacks and

reproductive outcomes. The Tracking Program plans to migrate these indicators in 2020 to a

new platform. The Tracking Program also plans to engage stakeholders in Civic Service Design of

new indicators of demographics, community design, obesity and more.

New staff position

In August 2019 the Tracking Program created a new position: Environmental Health

Interventions Operations and Policy Analyst. In addition to spearheading the Tracking

Program’s strategic planning process, this new position is helping the Tracking Program

translate Tracking Data into public health action, with an intentional focus on health equity.

With this position we have substantially increased our program capacity to create many new

partnerships to make this happen.

Cyanobacteria (Harmful Algae) Blooms

OHA received new funding from the Centers for Disease Control and Prevention to advise the

public about the risks of encountering freshwater cyanobacteria blooms (aka HABs) in Oregon


lakes, reservoirs and rivers. We will develop strategies to communicate especially to vulnerable

and hard-to-reach populations, such as people who withdraw their drinking water from surface

waters prone to HABs. We will work with partner agencies and waterbody managers to monitor

and report on HAB events. We will improve illness reporting by raising awareness of

communities, health care providers and veterinarians regarding HAB occurrence and symptoms

of HAB-related illness.

Domestic Wells Safety Program (DWSP)

Private domestic well users in Oregon are at risk of exposure to contaminants from drinking

well water. The Domestic Well Testing Act of 1989 requires that at the time of real estate

transactions private domestic well water is tested for nitrates, total coliform and (beginning in

2009) arsenic. The DWSP conducted Well User and Partner Needs Assessments. The

assessments identified knowledge and service gaps among well users and inform outreach

activities to improve private well stewardship and build local capacity.

Water Insecurity

Despite the common belief that Oregon is water-rich, population- and climate-driven pressures

on water insecurity are a real concern for all people in Oregon. We define “water insecurity” as

inadequate or inequitable access to clean, safe and affordable water for drinking, cooking and

sanitation and hygiene. As an ideal and opposite state, “water security” describes the

conditions where water quality, quantity and access are enough to protect public health.

Three key factors affecting water security include:

Climate changes that are increasing the frequency and severity of droughts, floods, wildfires

and other natural disasters. These strain our aging infrastructure and expand water insecurity

threats to vulnerable communities.

Social determinants that affect access to clean and safe water such as socioeconomic

conditions (for example, concentrated poverty), population distribution and community

engagement.

Physical determinants of water security such as drinking water and wastewater storage,

treatment and delivery systems, housing status and geographic location.

Preventable direct health outcomes of water insecurity include water-borne illnesses, exposure

to contaminants and toxins, dehydration and malnutrition. Indirect outcomes include

emotional distress, depression and anxiety. We reviewed United States-based water insecurity


literature with the goal of understanding the evidence base for developing public health water

insecurity intervention strategies in Oregon. Our review (available at

https://www.mdpi.com/1660-4601/17/3/1122) found opportunities to take varied approaches

that are community-specific, partnership-based and culturally relevant. Recommendations

include characterizing communities experiencing water insecurity, assessing community needs,

tracking regional water scarcity and recognizing the human right to water in Oregon.

We are currently working to identify the relationship between social factors and nitrate

concentrations in community water systems in Oregon. We are also working with various

partners to inform policy from a public health/water insecurity perspective, including the

Governor’s 100-year Water Vision and the Oregon Business Council’s Water Policy Roundtable.

Lead Poisoning Prevention

OHA responded to an outbreak of elevated child blood lead levels in Washington and

Multnomah Counties arising from culturally-specific practices with case investigations,

community engagement, partnership with county public health departments and leadership,

and a coordinated multi-lingual communication campaign. Education and outreach were provided to

area temples, pediatricians, and a Portland-based Indian association regarding the risks of

specific products and safer alternatives.

ASSESSMENT

Social Resilience Collaboration with Oregon Community Health Workers Association

(ORCHWA)

OHA collaborated with ORCHWA on a project examining how social resilience may serve as a

protective factor in enabling communities to effectively prepare, respond, and adapt to health

stressors related to climate change. OHA and ORCHWA worked with community health workers

(CHWs) from communities on the front lines of climate change to facilitate listening sessions

focused on climate impacts and social capital. The CHWs moderated four listening sessions

across the state with CHW’s and individuals in the following groups: the urban Indian

community in the Portland Metro area; Spanish-speaking community in North Central Oregon;

African immigrant and black communities in the Portland metro area; and white communities

in Southern/Southwest Oregon. These listening sessions will inform our understanding of

impacts on Oregon’s frontline communities, inform program and policy priorities and

development of tools and training for public health and climate adaptation practitioners.

https://www.oregon.gov/OHA/PH/HealthyEnvironments/HealthyNeighborhoods/LeadPoisoning/Pages/index.aspx

https://www.oregon.gov/oha/PH/HEALTHYENVIRONMENTS/CLIMATECHANGE/Documents/2020/Social-Resilience-Infographics-2020.pdf


Willamette Cove Train-the-Trainer Event

In partnership with Portland Harbor Community Coalition, DEQ, the Port of Portland, the US

Environmental Protection Agency, Metro and OHA helped plan and participated in a “Train-the-

Trainer” event for engagement in the Willamette Cove portion of the Portland Harbor

Superfund Site cleanup May 11, 2019. The training was hosted by Portland Harbor Community

Coalition, a group whose mission is to elevate the voices of disproportionately impacted

communities with ties to the river and upland areas. The goal of “Train-the-Trainer” was to

empower a group of community members to engage and encourage others to participate in the

public comment period of the proposed remediation plan for the Metro-owned Willamette

Cove site in North Portland. The site has a history of heavy industrial use going back over one

hundred years. The manufacturing and ship-building activity at Willamette Cove left behind

contaminants such as dioxins, PCBs, and lead in the soil.

Precision Castparts Corporation (PCC) Public Health Assessment – Community Engagement

OHA contracted with a consultant selected by the members of a community advisory

committee (CAC) that OHA convened to inform OHA’s preparation of a Public Health

Assessment (PHA) for the PCC Structural Large Parts Campus. The consultant was hired to act as

an external reviewer and provide technical expertise to the CAC to inform community

members’ public comments on the draft report. The comment period was extended several

times at request of community members, and the consultant submitted to OHA a report based

on concerns they heard from the CAC and their technical review. A final version of the report,

and a summary fact sheet was provided to community members during a virtual public meeting

in March 2020.

Cleaner Air Oregon Community Engagement

OHA is collaborating with DEQ to develop community engagement strategies for the Cleaner Air

Oregon program to reduce exposure neighbors’ exposure to toxic air contaminants from nearby

industrial facilities. This work includes developing a Community Engagement Guidance

Document and Toolkit that is responsive to the needs of local communities. In general, the

Guidance Document and Toolkit will be a resource for agency staff to design and implement

effective community engagement plans in demographically, geographically and economically

diverse communities. The Guidance Document and Toolkit will provide strategies and best

practices for identifying and engaging communities with environmental justice and health

equity considerations and is expected to be issued in draft form for public comment late August

or September.

https://sharedsystems.dhsoha.state.or.us/DHSForms/Served/le8299.pdf

https://www.oregon.gov/oha/PH/HEALTHYENVIRONMENTS/TRACKINGASSESSMENT/ENVIRONMENTALHEALTHASSESSMENT/Documents/PCC-PHA-Factsheet.pdf


Cottage Grove Reservoir Cooperative Agreement

The Black Butte Mine Superfund Site (EPA ID: OR0000515759) is a former mercury mine near

Cottage Grove, Oregon in Lane County. Mining operations contaminated soil, sediment, surface

water and groundwater with mercury and other toxic metals. Mercury-contaminated particles

transported downstream and eventually deposited in Cottage Grove Reservoir. The

Environmental Protection Agency (EPA) approached OHA in May 2019 regarding the promotion

of safe fish consumption at Cottage Grove Reservoir. As the cleanup of the Superfund site is

ongoing, EPA is looking towards the existing fish advisory as a tool to help promote safe fish

consumption during the remediation process. It is suspected that subsistence fishing is

occurring at Cottage Grove by different local communities, including Mam-speaking residents

originally from Guatemala who may be unaware of the fish advisory. OHA will collaborate with

Lane County Public Health to perform a fishing assessment of Cottage Grove Reservoir to better

understand the local populations that are fishing, when and where fishing is occurring, which

fish species are being consumed, and how they are preparing and cooking the fish. Agencies will

also evaluate the effectiveness of existing fish advisory signage to inform culturally responsive

recommendations for more effective outreach materials with fish-consuming populations. This

project has been put on hold because of COVID-19 and its impact on local public health

capacity.

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July 24, 2020

DLCD 2019-20 Agency Report for the Environmental Justice Task Force How does your agency make efforts to address environmental justice issues?

The Department of Land Conservation and Development (DLCD) and the Statewide Planning Program have, it the framework, attempted to implement environmental justice measures of public health and safety since the beginning of the program in the early 1970s. A concern for community well-being, environmental sustainability and inclusive engagement is integrated throughout the Statewide Land Use Planning Goals. Oregon’s state land use planning program is implemented at the city and county level. Specific implementation takes place in the form of: 1. The Statewide Planning Goals – to which each city and county responds through a

comprehensive plan that is reviewed by agency staff. 2. Public involvement programs and policies – each city and county has a commitment to

public involvement in land use planning as a requirement of its comprehensive plan. Our programmatic work is designed to implement, in a multiple benefits approach, the 19 Statewide Planning Goals. We find a clear nexus to environmental justice in several of the Goals: Goal 1: Citizen Involvement In short, Goal 1 requires local governments:

To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The governing body charged with preparing and adopting a comprehensive plan shall adopt and publicize a program for citizen involvement that clearly defines the procedures by which the general public will be involved in the on-going land-use planning process.

Further, the local Goal 1 plan must incorporate the following components: 1. Public Involvement: To provide for widespread public involvement. 2. Communication: To assure effective two-way communication with members of the public. 3. Opportunity for Influence: To provide the opportunity for members of the public to be

involved in all phases of the planning process. 4. Technical Information: To assure that technical information is available in an understandable

form. 5. Feedback Mechanisms: To assure that members of the public will receive a response from

policy-makers.

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6. Financial Support: To insure funding for appropriate public involvement. Staff are recommend modernization of the title Citizen Involvement by way of a goal update process. It is an intensive undertaking, with a required ten hearings around the state. Our current recommendation is to update Goal 1 to then be titled Public Engagement instead. Goal 10: Housing Goal 10 directs local governments: “To provide for the housing needs of citizens of the state,” and says that “…plans shall encourage the availability of adequate numbers of needed housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households and allow for flexibility of housing location, type and density.” In 2019, the Oregon Legislature passed two important laws related to housing – House Bill 2001 and House Bill 2003. House Bill 2001 aims to provide Oregonians with more housing choices, especially housing choices more people can afford. The new law lets people build certain traditional housing types, like duplexes, in residential zones. These housing types already exist in most cities, but were outlawed for decades in many neighborhoods.

House Bill 2003 aims to improve local housing production strategies. The law requires medium and large cities to study the future housing needs of their residents and to develop strategies to make sure that housing is produced. The bill also directs the Oregon Housing and Community Services Department to look at what housing needs exist for the next 20 years in each region of the state and for all income levels, and to examine how those needs can be met.

DLCD is currently staffing a Rulemaking Advisory Committee (RAC) and in the process of developing and adopting rules to implement this legislation. Final rules adoption for HB 2001 and 2003 are anticipated for November 2020. We have intentionally recruited more representative voices in this rulemaking process, including representation of tenants’ rights organizations, organizations that advocate for community members experiencing homelessness, organizations that represent Black, Indigenous and other community members with a lived experience of being a person of color, community members who are mobility limited as well as fair housing and affordable housing advocates. Community members have testified that this process should be replicated in future rulemaking endeavors. Goal 12: Transportation Goal 12 begins by saying: “To provide and encourage a safe, convenient and economic transportation system.” The goal considers “all modes of transportation,” “the differences in social consequences that would result from utilizing differing combinations of transportation modes,” “minimize adverse social, economic and environmental impacts and costs,” and “meet the needs of the transportation disadvantaged by improving transportation services.” In addition to transportation access, Goal 12 gives DLCD the authority to offer state direction in greenhouse gas emissions reduction. In September 2019, Governor Brown gave direction for four agencies to implement Oregon's Statewide Transportation Strategy (STS) to reduce transportation pollution.

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In March, Governor Brown issued Executive Order 20-04 to reduce greenhouse gas pollution with a centered emphasis on disproportionately impacted community members. We appreciate the leading resolution in the Executive Order, recognizing the disproportionate effect of climate change 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 process 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…” We appreciate any opportunity to consult with Environmental Justice Task Force members on the agencies framework for defining priority populations and associated engagement strategies. Climate Adaptation At the direction of Governor Brown, DLCD is coordinating the State of Oregon's work on the Oregon Climate Change Adaptation Framework. The original Framework, published in 2010, explores the risks of climate change in Oregon and identifies how state agencies can most effectively respond to those risks. The effects of climate change on frontline communities and on public health overall are two areas of focus within the Framework. To update the Framework, DLCD is working with 24 state agencies – from Business Oregon to the Oregon Health Authority, the Oregon Department of Forestry to the Oregon Department of Energy, and many more. The multi-agency work group includes an equity subcommittee focused on intentionally including climate equity concerns as high priority outcomes for this work. Members of that Equity Committee have participated in a four part, in-depth Climate Equity Workshop. The result of the workshop will be an Equity Blueprint that can be used as a resource when state agencies or others begin to create actionable plans based on the focus areas and recommendations in the revised Framework. Advisory Committees DLCD staffs and supports the Citizen Involvement Advisory Committee (CIAC), which advises the Land Conservation and Development Commission and local governments on best practices concerning public involvement in land use planning efforts. In 2019, the committee updated a document called Putting the People in Planning. Putting the People in Planning uses Title VI of the 1964 Civil Right Act as a legal backstop, and identifies best practices for inclusive outreach in land use processes. The CIAC also awards “Achievement in Community Engagement” awards that recognize efforts specific to inclusive and equitable planning practices. In January 2020, DLCD established a Diversity, Equity and Inclusion (DEI) committee to advise the department on internal and external practices. Using the Governor’s new equity framework as guidance, the DEI committee is developing a workplan will help DLCD meet our DEI goals. Immediate actions including identifying data that can help describe when inequitable outcomes

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occur, and modernizing grant criteria to reflect diversity, equity and inclusion best practices at the local level. This charter is available on our agency website in the About DLCD section.

https://www.oregon.gov/lcd/About/Documents/2020.01.30_DEI_Charter_FINAL.pdf

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LCDC and DLCD Commitments

DLCD follows the Land Conservation and Development Commission’s (LCDC) Public Participation Guidelines. An updated version of these guidelines was adopting in January 2019, to reflect current industry best practices and up-to-date language, references, and ideas. 1. The Public Participation Guidelines require the department and commission to:

Intentionally engage a diverse group of interests and people to ensure the opportunity to gather input from those likely to be affected by the outcome.

Provide meaningful, timely, and easily accessible information to the public and interested parties about policy development processes and activities.

Help people make a connection between the work of the department and meaningful, on-the-ground outcomes by providing information in plain language, taking care to make communications on all topics as clear and understandable as possible.

Promote effective communication and working relationships among the Commission, the Department, members of the public and interested parties in statewide planning issues.

Facilitate submittal of testimony and comments to the Commission from the public and interested parties and the response from the Commission to the public and interested parties about issues of concern with regard to policy proposals.

How has the agency worked to increase public participation of individuals and communities affected by agencies’ decisions?

DLCD has become more attentive to and rigorous in our process for finding RAC members who adequately represent the affected communities, and conscientious in our process design to allow for inclusion at all levels. For example, at the housing rulemaking, as mentioned above, we are pleased to have been able to ascertain the guidance from community members and practitioners representing community members experiencing homelessness, tenants’ rights organizations, people with lived experiences of being Black, Indigenous and other people of color, mobility limited as well as geographic and local government interests. Some of this engagement has warranted a stipend to community based and community serving organizations to facilitate their engagement at or informing the policy discussions.

Creation of the DLCD DEI committee is another reflection of DLCD’s commitment to representing the diversity of the communities we serve and fostering a more diverse, equitable, and inclusive culture for employees, the public, and the local governments we serve. DLCD takes the guidance of Governor Kate Brown seriously that government should reflect the communities we serve – both in staff and on policy advisory committees.

How have you worked to determine the effect of agency decisions on traditionally under-represented communities?

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The Land Conservation and Development Commission (LCDC) makes decisions that have impacts on environmental justice issues throughout the state. When adopting rules, reviewing local land use decisions, and performing outreach and education, DLCD staff have considered impacts, or potential impacts, as they relate to environmental justice. We work with interested parties, rulemaking advisory committees, and local governments to understand various affected communities and their positions.

That said, it is important not to overlook the ways in which land use practices have been used to increase dislocation and disparity, implemented through institutionally racist policies at the core of inequitable wealth-building ownership regulations. As examples, one could not settle in Oregon as an African-American until after 1926. Subsequent post-WW II practices of redlining and mortgage limitations have suppressed wealth accumulation in Black families and communities for years. Native Oregonians whose ancestors have lived on and stewarded this landscape for thousands of years similarly were not able to establish land ownership. Indigenous Oregonians who survived pandemics were forcibly removed from their lands, an affront to their cultural identify. People of color, low income Oregonians, sexual minorities and people living with disabilities continue to experience significant disparity as a function of everyday life.1

It is in this context that DLCD commits to supporting the initiatives their Diversity, Equity and Inclusion committee. Working within our program areas of planning, community services, ocean and coastal management and administrative services, we will: 1. Identify data sources that could be used to measure inequitable outcomes; e.g., by race,

ethnicity, income, ability. 2. Work with community serving organizations including local governments to develop

strategies to reduce tangible disparities. 3. Update our grant criteria with a requirement for equity analysis for submission. 4. Develop dashboard information to measure outcomes and evolve strategies over time.

1Source: DLCD Approach to Equity, Updated July 8, 2020.

How has the agency improved plans to further the progress of environmental justice in Oregon?

The in-progress elements of agency programs described above, and the outcomes of the work

described in previous sections illustrate a focus on equity at DLCD that is pervasive and

ongoing. This is a most positive shift in perspective for our agency as it is a shift in perspective

for the state. There is much work to be done in this area and our efforts as an agency are to

continually identify and qualify the ways that we can create a more equitable, environmentally

just Oregon for all.

Report on details of agency funding/budget commitments to EJ Task Force Liaison.

Due to the state’s funding deficit, the Natural Resources subcommittee of the Joint Ways and Means committee has, as of Monday, July 20, recommended elimination of the agency’s policy

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analyst and communications manager position, among others. This would be detrimental, in a material way, to the agency’s efforts described in this report.

Sadie K Carney | Policy Analyst/Communications Manager Director’s Office Oregon Dept. of Land Conservation and Development 635 Capitol Street NE, Suite 150 | Salem, OR 97301-2540 Direct: (503) 934-0036 | Cell: (503) 383-6648 | Main: (503) 373-0050 [email protected] | www.oregon.gov/LCD/


http://www.oregon.gov/LCD/

Public Utility Commission

201 High St SE Suite 100

Salem, OR 97301-3398

Mailing Address: PO Box 1088

Salem, OR 97308-1088

503-373-7394

June 30, 2020

Amira Streeter Environmental Justice Task Force Office of the Governor 900 Court Street NE Salem, OR 97301

Re: PUC Annual Report – 2019-June 2020

Dear Task Force Members:

In accordance with statutory annual reporting requirements, the Oregon Public Utility Commission (PUC)

respectfully submits this report to the Environmental Justice Task Force (EJTF).

About the PUC & EJTF Role

The PUC regulates rates and services offered by private Oregon electric and natural gas utilities,

telecommunications companies, and select water companies. The PUC states its mission as follows: “Ensure

Oregon utility customers have access to safe, reliable, and high-quality utility services at just and

reasonable rates. This is done through thorough analysis and independent decision-making conducted in an

open and fair process.” The PUC is impartial and objective, utilizes transparent processes and operations,

and makes decisions based on the correct application of the law.

The PUC’s major areas of responsibility include:

Ensuring safety, reliability, and quality of essential utility services

Scrutinizing rate regulated utility costs, risks, and performance to ensure just and reasonable rates

Managing customer and community choices to ensure value for all

Anticipating, informing, and integrating policy, industry, market, and technology changes

The PUC is committed to assisting the EJTF in the performance of its duties. The PUC assigned the citizen

advocate duties to the public information officer in the Executive Office, as this individual works with the

various departments throughout the agency. Although numerous PUC team members impact

environmental justice activities for the agency, the citizen advocate is a primary contact for coordination

with environmental justice concerns.

Kandi Young, Public Information Officer

Oregon Public Utility Commission

Phone: 503-373-1571; Cell: 503-551-5290

[email protected]

The citizen advocate meets with staff members to understand the PUC’s efforts to ensure environmental

justice in the work we do on a daily basis, and reports this information at the quarterly EJTF meetings.


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The PUC’s current authority is set forth in several provision of the Oregon Revised Statutes:

ORS Chapter 756 sets out the agency’s general powers

ORS Chapters 757 and 758 set out laws governing energy and water regulation

ORS Chapter 759 sets out laws governing telecommunication regulation

ORS Chapters 290, 469, 469A, and 772 contain other provisions affecting the PUC’s operations and

regulatory oversight.

The PUC’s authority to regulate utilities is delegated from the Legislature, and our legislative mandate is to

ensure regulated utilities make safe and reliable service available to everyone in their service territories at

reasonable, non-discriminatory rates.

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Environmental Justice Efforts at the PUC UTILITY CUSTOMER SAFETY & ADVOCACY

Governor Executive Order 20-04

In March 2020, Governor Brown signed Executive Order 20-04 (EO 20-04), which is a significant step

forward in Oregon’s response to the challenge of climate change and its impacts on Oregonians. In addition

to being directed to reduce greenhouse gas (GHG) emissions through planning, budgeting, investments,

and policy-making decisions, EO 20-04 also requires the PUC, among other agencies, to pursue the

following related environmental justice efforts:

Help vulnerable populations and impacted communities.

Consult with the EJTF when evaluating climate change mitigation and adoption priorities.

Participate in inter-agency workgroups on climate impacts to impacted communities.

EO 20-04 includes specific requirements to ensure impacted communities are considered and included as

the work to meet the goals established in this executive order moves forward.

The PUC conducted outreach and held listening sessions with a broad group of stakeholders to inform our

plan to address EO 20-04, which was submitted to the Governor’s Office in May. The plan included the

following changes to the structure and business operations to benefit impacted communities:

Continue to expand the PUC Low Income Roundtable (more details later in this document)

Use existing resources to establish a new Diversity, Equity, and Inclusion (DEI) Outreach

Coordinator position for the PUC.

Develop an agency DEI Operations Plan to help the PUC become more diverse, equitable, and

inclusive, and better equipped to serve all customers.

Increase awareness and build new tools to help inform utility actions and agency decision-making

processes by expanding and enhancing utility reporting of service disconnects, and quantifying

energy burden in Oregon through stakeholder engagement.

Ensure rate proposals and other regulatory actions are fully evaluated in terms of affordability and

energy burden. These actions will inform and prioritize PUC regulatory actions and benefit

impacted communities.

Low Income Utility Program Working Group

Background: In May 2018, the Governor convened a collection of nonprofits, electric and natural gas

utilities, local jurisdictions, and legislators to review available energy assistance, efficiency, and

weatherization programs for low-income and historically underserved communities. This was done to

ensure all customers have access to affordable and reliable utility services. From this process, a report was

submitted to the Governor’s Office in December 2018, which included the following recommendations:

Give utilities the authority to create low-income programs and require annual reporting on data

and metrics.

Ensure low- and moderate-income customers, especially seniors, people with disabilities, and

environmental justice and rural communities, are resourced to participate in the clean energy

https://www.oregon.gov/gov/Documents/executive_orders/eo_20-04.pdf

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transition. This includes allocating funding which may be available under a Cap and Invest program

to mitigate the impacts of climate change on low-income customers.

Make permanent an Energy Burden and Poverty Task Force to formalize and continue to further

the development of innovative approaches to meeting the energy burden and reduce the

greenhouse gas footprint of low-income Oregonians.

Implement new programs, enhance existing program designs, and diversify funding sources to

reach greater numbers of low- and moderate-income Oregonians.

Since the submission of the final report, the PUC has continued to be engaged in low-income issues,

including examining the impact of the COVID-19 pandemic has had on utility ratepayers, and exploring ways

to strengthen and streamline low income assistance programs.

Low Income Quarterly Roundtable

Launched in January 2020, the Low Income Quarterly Roundtable is an internal PUC group focused on PUC

activities, including tariffs and design of weatherization programs offered by the investor-owned utilities

that, either directly or indirectly, affect low-income and vulnerable populations. This group focuses on

ratemaking, weatherization program implementation, and bill assistance issues. The group also ensures

effective communication with PUC staff concerning low income filings and reports. Future duties will also

focus on policy design to address energy burden.

To date, this team of PUC staff members have done the following:

Led docket UM 2058, in the matter of Community Action Partnership of Oregon’s (CAPO’s) request

for review of program elements related to eligibility for gas energy assistance programs.

Worked in close partnership with utilities on disconnect and late-payment policies.

Worked in close partnership with CAPO concerning low-income eligibility criteria for utility

assistance programs.

Participated in four rate cases (NW Natural, PacifiCorp, Avista Natural Gas, and Cascade Natural

Gas) to help ensure rates are just and reasonable for customers.

Under the sponsorship of Commissioner Thompson, convened workshops to discuss steps and

make recommendations concerning utility and customers actions post COVID-19. First workshop

was conducted on June 30, 2020.

Carrier of Last Resort (COLR) Investigation

Under House Bill 3065 (2019), the PUC was directed to investigate the continuing relevance of the ‘carrier

of last resort’ or COLR obligation on the state’s telecommunications providers given the changes in

technology and policy in the industry. The PUC convened the required public process to examine whether

industry trends, technologies, and policy drivers in the telecommunications sector impact the existing

regulatory structure to ensure adequate and reasonable access to telecommunications services for

residential customers. The COLR obligation was created to ensure that telecommunication service providers

offer service to all customers within their service territory without discrimination.

In January 2020, the PUC launched the investigation into COLR, which kicked-off a series of public

workshops and various opportunities for residential landline and cellular service customers to comment on

the challenges with their service and what services they may not have access to that allow them and their

https://apps.puc.state.or.us/edockets/DocketNoLayout.asp?DocketID=22306

Page 5

community to thrive. This public process will help inform the report the PUC will submit to the Legislature

later this year.

To ensure input is provided from rural and urban customers throughout Oregon, the PUC has done the

following:

Launched a detailed survey and targeted responses from telecommunication customers state-wide.

Held two public comment hearings to provide the opportunity for telecommunications customers

to submit comments directly to the Commissioners regarding their landline and/or cellular services

and needs. These events were webinar and conference call formats due to the COVID-19 health

crisis.

Customers were also given the opportunity to comment by email, mail and phone.

Although the results are not compiled from the efforts listed above, the PUC has worked hard to ensure

these opportunities have been made available throughout the state through partnerships with media

outlets, telecommunication service providers, and organizations representing low-income and

underrepresented populations.

Wildfire Mitigation

In response to the increasing frequency, extent, and severity of wildfires in Oregon and the California

disasters of 2018, the PUC hosted a series of public meetings and events on wildfire mitigation issues and

the electric utility sector.

The PUC hosted a special public meeting in June 2019 to encourage dialogue between utilities, subject

matter experts, as well as local, regional, and state leadership to share perspectives and evolving

approaches to the rapidly changing wildfire risk and its impact on electric utilities, their customers, and the

communities they serve. Although all utility customers could be adversely impacted, those in the more rural

communities are at a higher risk if experiencing wildfire-related issues.

The PUC also hosted the West Coast Utility Commissions – Wildfire Dialogue event held in August 2019.

This event was a partnership with public utility commissioners from British Columbia, California, Idaho,

Nevada, Oregon, and Washington. The event focused on topics, such as: Tracking the changing risk; making

risk-based changes to the electric system; managing financial risks; and expanding public safety

coordination.

The public expressed concerns regarding utilities de-energizing lines to mitigate wildfire risk. This practice,

known as public safety power shutoffs (PSPS), was a part of the dialogue coordinated by the PUC and will

continue to be discussed with utilities.

In May 2020, the PUC received updates on wildfire mitigation efforts and planning from PacifiCorp,

Portland General Electric, and Idaho Power, the three regulated electric utility service providers, building on

past work to address wildfire risk and marking an initial step to meet the directives established in Governor

Brown’s Executive Order 20-04 related to wildfires.

The PUC has launched an ongoing dialogue with electric service providers to share perspectives and

evolving approaches to rapidly changing wildfire risk in order to protect Oregon communities and critical

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infrastructure. The wildfire collaborative has held planning meetings so far and expects to have their first

workshop on wildfire mitigation best practices in late July.

Pacific Power Smart Meter Transition

Background: Installation of digital broadcasting meters (smart meters) was approved by the PUC in late

2016, after Pacific Power demonstrated upgrades would improve reliability and reduce costs for customers.

During the implementation of this project, a number of Pacific Power customers submit comments and

attended public meetings to express their concerns about smart meter technology and their desire to keep

the analog meter. The PUC required an opt-out option, which was a $36 opt-out fee for those wanting to

stay with an analog meter.

Update: As concerns continued to be raised throughout 2019 regarding the financial impact to Pacific

Power customers, in December 2019, the PUC made the following decisions:

Approved Pacific Power’s request to reduce the meter reading fee from $36 to $10 each month for smart meter opt-out customers on a monthly meter reading program.

Declined Pacific Power’s request to eliminate the triannual meter reading option for opt-out customers and directed Pacific Power to reduce the cost of that option from $9 to $3 per month.

Directed Pacific Power to submit a more developed proposal to the PUC to consider transitioning opt-out customers away from the triannual meter reading option. Pacific Power smart meter opt-out customers must register for Pacific Power's Equal Payment Plan to take advantage of the reduced rate. Call 888-221-7070 for details or for additional information.

The PUC valued the comments received by Southern Oregon Pacific Power customers and were pleased to

offer a more affordable option for the opt-out customers.

Community Solar Advances in Oregon

The community solar rulemaking process started as a result of SB 1547, the energy bill that increased the

Renewable Portfolio Standard to 50 percent by 2040 in Oregon. Community solar creates new

opportunities for customers to participate directly in new solar projects, allowing new segments of

customers to share the costs, risks, and benefits of solar generation. Part of what makes Oregon’s program

groundbreaking is the higher than average level of low-income participation required – 10 percent of the

program must be made available to lower income customers, while other states only require 5 percent.

In 2019, the PUC signed the contract for the third-party administrator who is responsible for subcontracting

a Low-Income Facilitator to ensure the program provides robust opportunity for those experiencing lower

incomes and that the program meets the low-income participation goals established by the legislature.

Based on project applications to date, the PUC estimates low income participation in the Community Solar

Program at 17 percent, or 2,900 individual accounts. Additionally, the PUC has approved three projects, two

in PacifiCorp service territory and one in Idaho Power’s, which allow participation in the Community Solar

Program by low-income residents in municipal housing.

Distribution System Planning – Best Practices for Community Engagement

The PUC opened docket UM 2005 to investigate distribution system planning (DSP) and develop a planning

process that allows utilities to optimize the efficiency of their distribution systems and maximize customer

https://apps.puc.state.or.us/edockets/DocketNoLayout.asp?DocketID=21850

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value. Part of this investigation included public discussion on best practices for community engagement, an

important element in making utility DSP processes more transparent and inclusive. At a May 20 webinar,

leaders from environmental justice organizations Verde and Community Energy Project shared their

perspectives on “environmental justice 101,” misconceptions of equity and its role in environmentalism,

and environmental justice communities. They also proposed a concept of community-led distribution

system planning, and laid out elements of strong program design.

Historically, utility planning processes didn’t involve much community or stakeholder engagement. As the

PUC investigates a more formal DSP process, greater engagement is likely. The distribution system is

typically much closer to residents than a power station or transmission lines, and the kind of engagement

done in past (perhaps for a power station) may not be appropriate for DSP. What should greater

engagement entail? The May 20 webinar helped raise awareness and possible answers to these questions.

Investigation into Eligibility for Gas Energy Assistance Programs

In February 2020, the PUC opened docket UM 2058 in response to the Community Action Partnership of

Oregon’s (CAPO’s) request for an investigation into the eligibility for gas energy assistance programs. In this

docket, the PUC is reviewing current gas energy assistance programs with the proposed goal of changing

current customer eligibility practices. Current practices can be overly burdensome on the customer, while

making it costlier for agencies to deliver. CAPO has requested that eligibility be granted to a household if

they already qualify for Temporary Assistance for Needy Families (TANF) or Supplemental Nutrition

Assistance Program (SNAP).

Information to Improve Public Involvement

In 2019, the PUC launched a new website, with the intent to improve access to information about the PUC’s

activities and dockets. This includes detailed information about PUC public meetings and how to get

involved in PUC processes.

To expand upon the information available online, the PUC recently hosted a training session for

stakeholders and interested individuals to better understand PUC processes. The training, which will soon

be available online for access at any time by interested individuals, includes how to stay informed of PUC-

related activities, types of activities, and how to engage with the PUC on activities and dockets of interest.

Energy Trust of Oregon’s Partnership with the PUC & DEI Performance Metric Development

The Energy Trust of Oregon (Energy Trust) is a nonprofit organization funded by a grant agreement with the

PUC to develop and administer energy efficient and renewable energy programs in certain utility service

territories in Oregon.

With oversight from the PUC, Energy Trust implements various programs to benefit low-income residents

of Oregon, including the Low Income Home Energy Assistance Program, Oregon Energy Assistance Program,

Weatherization Assistance Program, and the State Home Oil Weatherization Program.

In 2019, the PUC and Energy Trust implemented a transparent process to develop new diversity, equity and

inclusion (DEI) performance metrics. It was determined there were multiple opportunities for the PUC to

support Energy Trust’s DEI efforts and the Commission approved the following performance measures at

the August 27, 2019 public meeting:

https://apps.puc.state.or.us/edockets/DocketNoLayout.asp?DocketID=22306&Child=action

https://www.oregon.gov/puc/news-events/Pages/About%20PUC%20Events.aspx

https://www.oregon.gov/puc/news-events/Pages/Get-Involved.aspx

https://www.oregon.gov/puc/news-events/Pages/Get-Involved.aspx

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Data – Expand and enhance the data used to assess impacts on different communities and

comprehensively assess Energy Trust’s existing performance measures through a DEI lens.

Energy Trust will publish and implement its “DEI Lens” – a systemized approach to reviewing

impacts on different communities and groups.

Complete 1,000 projects with trade allies that are minority-owned businesses.

Convene a rural-focused workshop to continue the dialogue on developing community capacity to

serve customers and how to best drive energy efficiency dollars to rural communities for direct

local benefit.

2020-21 Goals COVID-19 Workshops - Possible recommendations to the Commission concerning regulatory

mechanisms to help low-income customers meet existing energy burden.

Design policies to address energy burden.

Community Solar – The PUC is working to make sure that the interim capacity queue for all three

IOUs is as close to fully subscribed as possible by 2021, that community solar projects are

successfully navigating the certification process, and that projects are signing up as many low-

income customers as possible to not just meet but exceed the 10% participation requirement.

Hire a Diversity Equity and Inclusion Outreach Coordinator for the PUC. This person will further

expand the DEI and environmental justice-related efforts of the PUC.

Explore how utility planning documents, such as Integrated Resource Plans, can better capture the

impacts of utility investment decisions on low-income customers.

COLR Investigation – The PUC will continue its investigation and public process into the continuing

relevance of the ‘carrier of last resort’ or COLR obligation on the state’s telecommunication

providers. Findings from this investigation will be completed later in 2020 and a report submitted

to the legislature.

Adjust the Oregon Lifeline subsidy level to $7 for telephone or broadband services once the

temporary increase currently in place due to COVID-19 expires in December 2020. The PUC will

work to submit a budget request for $1.2 million to increase Oregon Lifeline’s discount from $7 to

$10 for eligible households that subscribe to phone or broadband internet service.

On behalf of everyone at the PUC, I want to thank the EJTF and its members for their dedication to

convening agencies to focus on these issues and work that will help build a more equitable Oregon.

Sincerely,

Megan Decker, Chair

Oregon Public Utility Commission

Oregon Public Utility Commission (PUC) Updates – EJTF Meeting – August 2020

PUC Continues to Provide Access during the Pandemic PUC staff has been working remotely since mid-March to help flatten the curve of COVID-19. We have

implemented webinar and conference call strategies to ensure the continuation of our public meeting

process to maintain oversight of the regulated utilities and continue our public processes.

View our public meeting schedule at: https://www.oregon.gov/puc/news-events/Pages/default.aspx.

COVID Impacts Investigation The PUC is hosting a series of workshops on the impacts of COVID-19 on utility customers throughout

Oregon. The workshop series is exploring recovery from the pandemic, including discussions of how to

handle arrearages and service disconnections moving forward. This is an important discussion that will

impact many Oregonians. View arrearage data at:

https://www.oregon.gov/puc/utilities/Documents/COVID-Impacts-ArrearsData.pdf.

View all agendas, presentations, and resources available as part of this discussion at:

https://www.oregon.gov/puc/utilities/Pages/COVID-19-Impacts.aspx.

Executive Order 20-04 – PUC Directed to Take Action to Reduce and

Regulate Greenhouse Gas (GHG) Emissions Background: Executive Order (EO) 20-04 was signed by Governor Brown on March 10, 2020. This order

requires the PUC and other noted agencies, to consider efforts to reduce GHG emissions while also

considering “the 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.”

The EO does not give the PUC any new authority, but we are directed to exercise our existing authority

to the fullest extent of the law. Additionally, it states that the PUC will consult with the EJTF when

evaluating climate change mitigation and adaption priorities and actions.

Update: The PUC submitted a plan of proposed actions on how to address the stipulations in the order

in May and staff is now meeting to work through the implementation of that plan.

https://www.oregon.gov/puc/news-events/Pages/default.aspx

https://www.oregon.gov/puc/utilities/Documents/COVID-Impacts-ArrearsData.pdf

https://www.oregon.gov/puc/utilities/Pages/COVID-19-Impacts.aspx

https://www.oregon.gov/gov/Documents/executive_orders/eo_20-04.pdf

HB 3065 – Carrier of Last Resort (COLR) Obligation Background: As stipulated under HB 3065, the Oregon Public Utility Commission (PUC) has been hosting

a public process to study the continuing relevance of the Carrier of Last Resort Obligation, which was

created to ensure that when telecommunications providers were granted an exclusive service territory,

they would provide service to all customers with that territory. The PUC has held five workshops for

stakeholders and the public to examine whether industry trends, technologies, and policy drivers in the

telecommunications sector impact the existing regulatory structure. This investigation is considering

whether changes would impact residential customers receiving adequate and reasonable access to

telecommunication services.

Update: We launched a survey to obtain input from the public on their telecommunications services and

needs. We worked with local media outlets and various organizations such as the NAACP, AARP, school

districts, Oregon tribes, among others to promote the survey to ensure every county was represented.

In addition to the survey, two public comment hearings were held via webinar and conference call to

provide an opportunity for Oregon residents to comment on their telecommunication concerns and

needs directly to the commissioners.

For additional information on COLR and the public process led by the PUC, go to:

https://www.oregon.gov/puc/utilities/Pages/Telecom-Carrier-of-Last-Resort.aspx

Wildfire Mitigation Dialogue As directed by EO 20-04, the PUC has launched a dialogue with electric utility service providers to share

perspectives and evolving approaches to rapidly changing wildfire risk to protect Oregon communities

and critical infrastructure. Thus far, one workshop has been held, with more planned in the coming

months.

For additional information on this dialogue, visit: https://www.oregon.gov/puc/safety/Pages/Wildfire-

Mitigation.aspx.

Diversity, Equity and Inclusion Program Director – Hiring The PUC is set to announce a new position, DEI Program Director, to help the agency develop and lead a

Diversity, Equity, and Inclusion Program. This newly created cross-functional position with help meet the

needs of the agency and the expectations of its stakeholders as the PUC advances broader societal

interests in climate change mitigation, social equity, and inclusion or underrepresented communities.

Once hired, the DEI Program Director will be filling the role of citizen advocate for the EJTF.

https://www.oregon.gov/puc/utilities/Pages/Telecom-Carrier-of-Last-Resort.aspx

https://www.oregon.gov/puc/safety/Pages/Wildfire-Mitigation.aspx

https://www.oregon.gov/puc/safety/Pages/Wildfire-Mitigation.aspx

Page 1 of 4

Kate Brown, Governor

Oregon Department of State Lands

775 Summer Street NE, Suite 100

Salem, OR 97301-1279

(503) 986-5200

FAX (503) 378-4844

www.oregon.gov/dsl

State Land Board

Kate Brown

Governor

Bev Clarno

Secretary of State

Tobias Read

State Treasurer

July 27, 2020 Amria Streeter Environmental Justice Task Force Office of the Governor 900 Court Street NE Salem OR 97301 Re: DSL Annual Report – Calendar Year 2019 Dear Task Force Members: The Oregon Department of State Lands (DSL) respectfully submits our annual report to the Environmental Justice Task Force (EJTF). Though this report reflects back on our 2019 work, I want to take a moment to look ahead to 2020. Current events are shining a hard light on environmental justice and racial justice in our state and across the nation. This year, DSL will begin examining our programs, polices, and processes to address inequities in our operations. We look forward to sharing updates on our progress throughout the year. Introduction DSL is the State Land Board’s administrative agency, carrying out the day-to-day work of managing the school lands and resources that contribute revenue to the Common School Fund. The Department’s core programs:

• Manage land to benefit education. The Real Property Program manages school lands and other lands overseen by DSL.

• Protect waters and wetlands. The Aquatic Resource Management Program oversees the state’s removal-fill law, the federal North American Wetlands Conservation Act, and use of state-owned waterways.

• Increase understanding of estuaries and coastal watersheds. The 5,900-acre South Slough National Estuarine Research Reserve, managed in partnership by DSL and the National Oceanic and Atmosphere Administration, provides research and education to support stewardship of natural resources in Oregon and beyond.

• Ensure exceptional public service. The Director’s Office and Administration teams ensure DSL meets the expectations of the Land Board, the Legislature, and all Oregonians.

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DSL actively supports the EJTF in protecting environmental justice communities from disproportionate environmental impacts. The agency’s communications manager serves as DSL’s EJTF advocate. The advocate is the primary contact for environmental justice concerns: Ali Ryan Hansen Communications Manager Oregon Department of State Lands Phone: 503-510-6860 [email protected] The advocate continues to seek, support and create opportunities for further environmental justice training for all DSL employees. The advocate participates in the quarterly EJTF meetings and discusses agency-related EJTF meeting topics with relevant management and staff. DSL has developed an environmental justice webpage featuring links to valuable resources such as the “Environmental Justice: Best Practices for Oregon’s Natural Resource Agencies” handbook by the EJTF; the Environmental Protection Agency’s “EJSCREEN: Environmental Justice Screening and Mapping Tool Share”; and the EPA's environmental justice strategy. The webpage also provides links to agency EJTF reports and EJTF citizen advocate contact information. 2019 Environmental Justice Efforts at DSL Working with Tribal Governments. DSL coordinates with Oregon’s nine federally recognized tribal governments as outlined in the agency’s State Agency Coordination Program (SAC). The program commits DSL to:

• Include affected Tribal interests in the review/comment of agency actions likely to affect Tribal members or resources of Tribal interest.

• Carefully and thoughtfully consider Tribal comments concerning pending decisions and actions.

• Provide materials to natural resource agencies within each Tribal government that explain DSL’s roles and responsibilities in natural resource management.

DSL has adopted an agency policy that works to establish, promote and improve government–to–government relations between DSL and Oregon’s federally recognized tribes. Throughout 2019, staff participated in the Cultural Resources and Natural Resources Workgroup meetings. In addition, multiple staff attended a Government-to-Government training hosted by the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians on November 7. The Annual State-Tribal Summit on December 3 was attended by both the Director and the agency Tribal Liaison, as was the Cultural Cluster meeting on December 4. Staff members from different programs participated in multiple forms of communication and coordination with tribal representatives and workgroups. Increased outreach efforts were

http://www.oregon.gov/dsl/About/Documents/completed_sac.compressed.pdf

Page 3 of 4

made during 2019, including requests for comment and participation with potentially affected tribes regarding removal-fill permit and land management activities, and regarding potential regulatory process changes. DSL executive staff engaged in government-to-government consultation with tribes on several high-profile projects including the potential Elliott State Research Forest and the proposed Jordan Cove Energy Project. DSL’s coordination with the tribes is detailed in the agency’s 2019 Annual Government-to-Government Report. DSL’s Multicultural Awareness Committee also provides information on National American Indian Heritage Month for all staff, and posts the Governor’s proclamation in November of each year. Multicultural Awareness Committee. The Multicultural Awareness Committee (MAC) fosters an inclusive environment within DSL, and includes the following areas of focus: Awareness: The committee promotes everyday awareness of the diverse nature of the people and cultures that comprise DSL’s staff and Oregon’s population. The committee looks for opportunities to celebrate diversity in ways that ensure an open and inclusive workplace. Training: The committee provides agency-wide biennial training on multicultural awareness to:

• Ensure that all employees possess social and cultural awareness that will allow them to effectively interact with a diverse community and workforce.

• Increase on-the-job effectiveness by fostering acceptance of cultural differences. Customer Engagement Strategy. The agency’s Strategic Plan, adopted in 2017, includes an objective to “Develop and implement a customer engagement strategy, which includes program-specific customer service improvement plans.” DSL’s Customer Engagement Guidelines were finalized in 2018, and implementation continued into 2019. The guidelines – an informational, user-friendly resource that outline DSL’s shared philosophies, standards, and responsibilities when engaging with our customers – were developed by an agencywide workgroup in 2017-2018. The work group reviewed and used the EJTF Best Practices Handbook in drafting the guidelines. The work group also solicited feedback from both internal and external customers through the review of the draft document and the completion of a short survey. A member of the EJTF participated in this review and survey. Outreach and Public Participation. DSL is guided by the EJTF Best Practices Handbook and EJSCREEN in developing public engagement and outreach plans. EJSCREEN is used to evaluate proposed waterways management and removal/fill permit activities, with data on the demographic index, low-income households, and linguistic isolation used to flag activities needing further evaluation. Any demographics over the 80th percentile are flagged for further evaluation.

https://www.oregonlegislature.gov/cis/Pages/Gov-to-Gov-Annual-Reports.aspx

Page 4 of 4

In 2019, DSL continued to implement a rulemaking outreach strategy originally developed in 2016. DSL engages in many rulemaking efforts annually, with many different staff leading those efforts. The goal of the outreach strategy is to provide guidance and consistency on how to promote meaningful public participation in these rulemaking efforts through the appointment of rules advisory committees, public meetings and hearings in affected communities, and public comment. Additional significant public participation efforts in 2019 included:

• Conducting a public comment opportunity for the proposed Jordan Cove Energy Project removal-fill permit application (since withdrawn). The public involvement approach focused on providing multiple opportunities for the public to learn about the proposed removal-fill activity, and multiple ways to provide comment, and included extensive outreach to inform potentially interested or affected communities of comment opportunities. DSL ultimately received more than 50,000 comments.

• Elliott State Research Forest Project: In December 2018, the State Land Board directed DSL to work with Oregon State University to develop a plan for transforming the Elliott State Forest into a research forest. The engagement approach for the exploratory process focuses on providing accessible, inclusive opportunities for information and input. In 2019, the emphasis was keeping communities informed, with open houses held in Coos Bay, Salem, Portland, and Roseburg, and updates provided on the project website and by email. The EJTF Best Practices Handbook will continue to be used to guide development of engagement and outreach efforts.

2020 Goals As mentioned at the beginning of this report, in 2020 DSL will review agency programs, policies, and practices with the goal of equity across all agency operations. As this critical work begins, we will also continue existing efforts to examine and improve customer service and public involvement practices and rulemaking and permit review processes. I am extremely proud of our efforts thus far but know significant and serious work remains. DSL is committed to continuing to support the EJTF’s efforts, to expanding our understanding of environmental justice issues, and to actively and meaningfully make progress toward equality. Sincerely,

Vicki L. Walker Director

https://www.oregon.gov/dsl/Land/Pages/Elliott.aspx

https://www.oregon.gov/dsl/Land/Pages/Elliott.aspx

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2019 Activities Report

Submitted to the Oregon Environmental Justice Task Force

OVERVIEW The Oregon Department of Transportation receives federal financial assistance, requiring the agency to comply with certain nondiscrimination laws and regulations. Environmental justice directives stem from Executive Order 12898, Department of Transportation Environmental Justice Order 5610.2. Additionally, the environmental justice policy expressed in the Oregon Transportation Plan tasks the state transportation agency with integrating environmental justice principles into planning and programming efforts. It also requires that ODOT take steps to prevent disproportionately high and adverse effects on minority and low-income populations through Title VI and Environmental Justice analyses. The agency is obligated to ensure that negative effects of transportation projects do not disproportionately impact traditionally underrepresented populations. ORGANIZATION ODOT’s Office of Civil Rights, or OCR, is responsible for ensuring the agency’s Title VI nondiscrimination and environmental justice policies are incorporated throughout each of the transportation project delivery phases. Because ODOT is a large agency with a variety of funding streams and divisions, OCR coordinates with staff that integrate environmental justice into their projects. OCR represents ODOT at quarterly Environmental Justice Task Force meetings that are mandated by the Office of the Governor of Oregon. OCR oversees the formal discrimination complaint process, reviews allegations, and conducts investigations pertaining to discrimination. To ensure that environmental justice is implemented throughout the agency, the Title VI/EJ/ADA Program manager is tasked with administering ODOT’s Title VI Implementation Plan, including Limited English Proficiency planning and services. The program manager also manages the Americans with Disabilities Act for OCR. In addition to coordinating civil rights activities across ODOT’s operating divisions, OCR acts as liaison between ODOT and subrecipients of federal and state transportation funds. Oversight includes reviewing documents, providing training and offering technical assistance. OCR staff participates in training to identify and address environmental justice issues in daily work related to ODOT and its stakeholders. Whether reviewing documents, providing training, or connecting ODOT staff or the community to technical resources, ODOT OCR staff promotes education and technical assistance in order to ensure a clear understanding of the civil rights policies throughout the agency.

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At the end of 2019, ODOT announced a reorganization of its leadership structure, including the creation of a new position, Assistant Director for Social Equity. This position reports to ODOT’s director and oversees the Office of Social Equity, which includes the Office of Civil Rights. The Office of Social Equity is responsible for creating policy and leading efforts focused on:

• Helping hiring managers and HR recruit, retain and train employees to understand, represent and look like the communities we serve.

• Expanding our efforts to provide contracting opportunities for disadvantaged business owners. • Increasing our awareness to better align our transportation decisions with community desires,

especially in historically marginalized communities.

ODOT is committed to ensuring access and meaningful participation by integrating diversity, social equity and inclusion into all of the agency’s activities. IMPLEMENTATION A primary means in which ODOT addresses environmental justice is integrated into ODOT’s National Environmental Policy Act (NEPA) Public Involvement Procedures for Federal Highway Administration (FHWA) Federal-Aid Project Development. NEPA applies to all FHWA federal-aid projects. The vast majority of ODOT’s federal-aid projects are completed as NEPA Class II Categorical Exclusions, or CE, projects. These projects have the least potential to cause adverse effects to environmental justice and other protected populations.

As appropriate to the proposed project’s scope, level of public interest, and potential for adverse effects, public input is sought during the development of the project as follows:

• ODOT will meaningfully involve the public in important decisions by providing for early, open, continuous, and effective public participation in and access to key planning and project decision-making processes. Outreach and engagement efforts will be targeted specifically to Environmental Justice communities that could be potentially impacted by federal-aid projects. ODOT will document such outreach, feedback and input received, and the disposition of that feedback. Any analysis of impacts to Environmental Justice communities will take into account benefits and mitigation, as well as impacts, to determine the environmental justice finding for the project.

• Low literacy and limited English proficiency populations, senior citizens, disabled persons, low income populations, and other identified disadvantaged people will be offered alternative accommodations (e.g., interpretation services, transportation, child care) to participate in project development activities, as appropriate.

• Public outreach, including public meetings, will be used for projects where there are several practical project alternatives and/or where the project would involve potential relocations of residences, businesses, and/or institutions.

• Public meetings will be held in ADA-accessible facilities.

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• ODOT will provide advisory notices to the public and any potentially affected Environmental Justice communities for upcoming construction activities that could affect the local transportation system including: detours, public road or access restrictions, and delays.

The following best practices are used as appropriate for ODOT projects when addressing environmental justice: 1. Identify minority or low-income communities in the project area using a variety of methods

including but not limited to: • On-site evaluation. • Census Bureau data. • EPA’s EJScreen. • Planning reports. • Local Housing Authority. • Neighborhood associations.

• Local schools and school district boundaries.

• Community leaders/organizations/local contacts.

• Public/social service agencies.

2. Obtain adequate public involvement for minority and low-income communities, such as:

• Minority/other language newspapers and social media outlets.

• Coordination with group representatives.

• Door-to-door outreach (with group representative(s).

• Online open house.

• Presentations/discussions at group functions.

• Flyers (including other-language flyers). • Transportation to and from meetings. • Utilizing existing community events and

meetings.

3. Identify potential adverse impacts to minority and low-income communities resulting from the

project (including impacts both to those displaced and those remaining). Assess cumulative impacts resulting from other activities in conjunction with ODOT projects. Potential adverse impacts on minority and low income communities generally include: • Economic

o Economic vitality. o Employment. o Transportation. o Development.

• Social o Aesthetic values. o Community cohesion; isolation,

exclusion or separation of minority or low-income individuals from the broader community.

o Availability of public and private facilities and services (including community services, schools, recreation areas, churches, police, and fire protection).

o Changes in travel patterns and accessibility.

• Highway and traffic safety • Environmental

o Air, noise, and water pollution. o Vibration. o Soil contamination, hazardous

materials. o Man-made or natural

resources. o Traffic congestion.

• Human health • Displacements

o No. of households/businesses. o Family/business characteristics. o Available housing/available

building sites. o Last resort housing.

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o Impacts of relocation on individuals/community.

4. Determine, in consultation with FHWA as appropriate, whether the project would have a

disproportionately high and adverse effect on minority or low-income populations.

5. Identify and evaluate ways to avoid or reduce adverse and/or disproportionate impacts to minority or low-income communities. Work with the Environmental Justice community members and leaders to suggest mitigation and enhancement measures that could avoid or offset potential adverse impacts. These could include: • Modifying the design of project alternatives to address the community’s stated needs. • Developing new alternatives/options. • Developing mitigation plans with the community and appropriate agencies. • Addressing and/or modifying construction timing and/or staging. • Ensuring access to services are provided in reasonable locations during construction.

OCR drafts and submits to FHWA an Annual Accomplishments Report that summarizes the implementation of Title VI of the Civil Rights Act of 1964 and related nondiscrimination programs that occurred throughout the year. The multitude of projects and meetings that take place on those projects within ODOT would be impossible for one staff member to attend. Subject matter experts help by attending meetings, relaying and sharing information with the public and agency teammates, and serving as liaisons between program staff and the OCR staff regarding Title VI and Environmental Justice within highway and construction projects. The Planning, Environmental and Right of Way program areas require a public participation policy for use in evaluating environmental justice issues in transportation projects. ODOT has developed guidance and policy documents, such as the Title VI Implementation Plan and maintains an agency-wide Public Participation policy for use in evaluating environmental justice issues in transportation projects. ODOT continues to partner with other agencies, work through the EJTF team, and independently research methods to enhance the data collection process and approaches to meaningful public engagement. ODOT’s goal is to identify the best data available, document it and use it to ensure that Title VI and Environmental Justice communities are impacted to the least degree possible. The information gathered is essential to a good public participation model for ODOT and for staff who present highway and construction information to the public. PROJECT HIGHLIGHTS Environmental justice is integrated into ODOT’s business practices and carried out by staff and project teams around the state. Below are a few specific examples of project analysis and public outreach from the previous year.

1. Community Engagement Liaisons Program

ODOT collaborates with the Community Engagement Liaisons Program to advise ODOT on the barriers and impacts of tolling. These liaisons recruit community members to boost culturally-specific and

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authentic public participation in ODOT’s work. Liaisons work all over Oregon and Washington, but the majority reside in Multnomah, Washington and Clackamas counties.

Program liaisons think about ways to overcome barriers while exploring opportunities to form deeper connections with communities. As liaisons help bridge cultural gaps, the collaboration enriches the public participation experience and provides communities with information. Liaisons from underserved communities such as African, Latino, Asian, Arabic and Slavic help identify specific ethno-cultural and language communities within the project area for the I-205 and I-5 toll projects team. These partnerships stimulate meaningful dialogue about the project while advancing these communities’ interests.

2. Portland Harbor The Portland Harbor is a heavily industrialized stretch of the Willamette River that was designated as a Superfund site by the U.S. Environmental Protection Agency in 2000. The site extends from Portland’s Broadway Bridge to Sauvie Island. The designation was in response to sediment contamination in the river and riverbank as result of decades of industrial activities. The agency identified over 140 Potentially Responsible Parties, or PRPs, that contributed to polluted conditions in the Portland Harbor area. A majority of these PRPs are private industries. However, public entities identified as PRPs include the Department of State Lands, ODOT, and the city of Portland.

In the spring of 2019, ODOT, Department of State Lands, and the city of Portland established a Trust Fund that will secure and maintain control of funds to be used for remedial design. Establishing the fund is vital to reaching the ultimate goal of a healthy river. With the fund established, the cleanup can move into the remedy design phase in 2020. The goal of remediation design is to be effective and completed with minimal impacts to neighbors, nearby businesses, and the environment.

3. I-5 Rose Quarter Improvement Project

The I-5 Rose Quarter Improvement Project is located in the geographic area that was historically the African American community in Portland. Beginning in the 1960s, this community was adversely impacted and displaced by a number of developments and programs, including the construction of I-5, Veteran’s Memorial Coliseum, the Rose Quarter Moda Center, Emanuel Hospital, and urban renewal efforts. The African American communities, as well as other communities of color and low-income populations, have strong cultural ties to this area. Although the demographics of the area have changed with development, this area remains diverse. Today the project area includes a higher proportion of minority, low-income, and senior (ages 65+) populations as compared to the rest of the city of Portland. From the project’s inception, the I-5 Rose Quarter Improvement Project has been a joint project between ODOT and the city of Portland. ODOT’s approach to environmental justice and Title VI outreach is as follows:

Environmental justice and Title VI outreach is a priority for ODOT and the city of Portland. We are making concerted efforts to reach and incorporate all voices in the process for this project. To accomplish this, we are initiating targeted small group outreach, one-on-one

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meetings and targeting culturally specific organizations and arranging to be present to share information at community events that reach communities who often do not participate in traditional community engagement activities.

As ODOT reported to the EJTF for 2018, a variety of outreach efforts have been underway on the I-5 Rose Quarter Project, including formation of a Community Liaisons Group. This group is composed of neighborhood, business and local community members who advise ODOT and the city on community outreach strategies and project messaging. ODOT also conducted project outreach at community events with educational materials, project maps, dialogue opportunities with project leaders, and collection of public comments. As the draft Environmental Assessment was developed and published in April 2019, ODOT sponsored key public engagement activities including:

• Project presentations at community gatherings, community events, online and at in-person open houses.

• A public hearing. • Interviews and work with a 14-member Community Liaisons Group. This helped inform

outreach, door-to-door business canvassing outreach, Pastors Breakfasts with N/NE faith-based community leaders, website updates and newsletters, tabling at community events, project mailers, newspaper ads, social media content, and a project video.

After the close of the Environmental Assessment public review and comment period on April 1, 2019, continued public engagement activities included:

• Four African American discussion groups. • Community briefings, including briefings with local business organizations. • Tabling at over five fairs, festivals and community events. • Two “Meet the Primes”/Industry Forum events. • A survey of Disadvantaged Business Enterprise capacity/availability. • Website updates, e-newsletters and project information mailers.

TRAINING On April 16 and 17, 2019, ODOT and FHWA hosted an in-person Environmental Justice and Title VI training in Salem. The 2-day training was led by instructors from the FHWA Resource Center and had about 50 attendees from ODOT program and project staff, as well as representatives from local agency partners.

In May 2019, ODOT and Oregon Health Authority hosted a staff workshop with Charles Brown (Equitable Cities, LLC) to establish an understanding of the intersections between transportation, public health, and social equity. The workshop was also an opportunity for staff to discuss opportunities for ODOT and OHA to address these issues through partnership.

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In August 2019, ODOT and FHWA hosted an in-person Environmental Justice and Title VI training in Salem. The 2-day training was led by instructors from the FHWA Resource Center and USDOT Office of Civil Rights. This training was tailored for agency staff and allowed one-on-one feedback on best practices for Title VI, Environmental Justice, and related nondiscrimination laws and regulations. The training provided staff feedback on current practices and support for technical assistance and outreach to subrecipient entities.

CONTACT For more information on environmental justice and nondiscrimination activities at ODOT, please contact:

David Morrissey Title VI, Environmental Justice and ADA Program Manager, ODOT Office of Civil Rights (503) 986-3870 [email protected]


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Oregon Kate Brown, Governor

Department of Forestry

State Forester's Office 2600 State Street

Salem, OR 97310-1336 503-945-7200

FAX 503-945-7212 www.oregon.gov/ODF

September 23, 2020

Joel Iboa Amira Streeter Causa Oregon Governor’s Natural Resources Office 700 Marion St. NE 900 Court St. NE, Room 254 Salem, OR 97301 Salem, OR 97301

"STEWARDSHIP IN FORESTRY"

Re: Oregon Department of Forestry Annual Report, Calendar Year 2019

Dear Joel and Amira,

The Oregon Department of Forestry appreciates the forum of respect and engagement created by the Environmental Justice Task Force and looks forward to continued collaboration. The timeline extension on this year’s report was greatly appreciated as fire season and Covid have created some workload challenges for us. In accordance with statutory annual reporting requirements, the department respectfully submits its 2019 report to the task force.

Sincerely,

Peter Daugherty Oregon State Forester

http://www.oregon.gov/ODF

Oregon Department of Forestry

2019 Annual Report to the Environmental Justice Task Force

Summarized below are the areas of department business that we believe most directly intersect with the mission of the task force.

Address environmental justice issues:

• In July 2019, it was codified into OAR language to stop using the word inmate and start referring to incarcerated individuals as Adults in Custody (AIC). This was based on guidance from DOC Director Peters and is part of her vision to help humanize incarcerated individuals and remove the stigma associated with the word inmate. This has been implemented across our operations that work with South Fork, Mill Creek, Shutter Creek and Coffee Creek Adults in Custody.

• An AIC from South Fork was hired by an ODF Protection district in 2020. The Eastern Lane Unit hired the individual and conducted the job interview before he was released from South Fork. This is the second consecutive year that this has occurred and is another example of giving someone in a disadvantaged situation a skill that translated into an opportunity to improve their situation.

• A video was completed this past year with the purpose of educating firefighters on what to do if they inadvertently discover human remains or cultural resources sites during fire suppression efforts. Representatives from Oregon’s nine federally tribes give their perspectives in the video and provided feedback and input throughout the process. This was shared with the EJTF at the August meeting and is also provided here: https://tinyurl.com/odf-cultural-video.

• Two Covid Coordinators with Public Health backgrounds to help the agency deal with the pandemic during fire season. Both of the coordinators are Spanish speaking and will be able to help us develop appropriate signage to help keep all fire fighters safe from Covid.

• In 2019, the Department provided more of our printed information in Spanish, examples include information specific to firewood permits, recreation opportunities and public use restrictions associated with fire season.

https://tinyurl.com/odf-cultural-video

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• ODF participates in cooperative efforts with private landowners, Oregon Department of Fish and Wildlife and the Klamath Tribes to find options to allow access to traditional hunting and gathering grounds located on private, industrial, gated timber lands.

Increase public participation from individuals and communities affected by agency decisions:

• Continued effort to have representation from under-represented communities involved in the Salmonberry Trail development efforts. The latest efforts include organizing is the Canyon and River Segment Review Committee.

• ODF has outreached to Oregon’s nine federally recognized tribes for their input on ODF’s work to pursue a Habitat Conservation Plan and a new Forest Management Plan for the management of Oregon’s westside forests.

• Continued effort to have representation from tribes involved in the Salmonberry Trail development efforts. The latest efforts include organizing is the Canyon and River Segment Review Committee.

• Outreach by the State Forester to tribes to get feedback on priority policy topics that span multiple Department programs (fire protection, state forests, private forests and Federal Forest Restoration).

• The Department actively participates in the Cultural Resource Cluster and the Natural Resource Cluster Workgroup of the Legislative Council of Indian Services. In addition, the Deputy State Forester acts as the agency’s Government-to-Government Liaison.

• Tribal Elder Toni Ann Brend presented on the history of the Coquille Tribe and shared an invocation for the ODF’s 2019 Agency Leadership Program. The tribe also hosted the class graduation dinner at the Plank House of the Coquille Tribe.

• Stewardship foresters have used their working relationships with local private landowners to introduce them to tribal biologists to discuss potential stream restoration projects. These foresters occasionally work with the tribe in large wood, tree, and log acquisition for restoring streams.

• Representatives from the Cow Creek Tribe were involved from the initial attack of the Milepost 97 fire through mop-up operations, working alongside Douglas Forest Protective Association and one of ODF’s incident management teams.

• A tribal representative from the Cow Creek Band of Umpqua Tribe participated on ODF’s expert panel for the marbled murrelet technical review.

• A tribal representative from the Siletz Tribe serves on the Board of Forestry’s State Forests Advisory Committee, which provides input to the department and the board on state-managed forestlands in northwest Oregon.

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Determine the effects of the agency’s decisions on traditionally underrepresented communities:

• ODF had representation on the Governor’s Task Force on the Outdoors. The Task Force provided the Governor with the 2020 Framework for Action based on the specific goals to recommend policies, legislation and initiatives to:

o Increase outdoor recreation participation, especially among youth and traditionally underserved communities

o Support economic development in both rural and urban areas o Balance improved outdoor recreation access with resource protection

• The Confederated Tribes of the Umatilla Indian Reservation, the Nez Perce Tribe in Idaho, and the Northeast Oregon district continue to be involved in water quality planning processes in the Upper Grande Ronde, Walla Walla, and Umatilla Rivers, as well as the Wallowa, Lower Grande Ronde, and Imnaha River basins in Wallowa County. This forum allows decision makers to understand the impacts that a given project might have on tribal entities.

• Both the tribe and ODF are active members of the Umatilla National Forest Collaborative Group and attend monthly meetings. Both entities are represented on the local NRCS working group and attended the yearly meeting to discuss large-scale forest restoration and fuels treatment projects in Umatilla County that all landowners could collaborate on.

• Recent efforts have expanded the number, location, and timing of public meetings to allow more opportunities for residents and landowners to better engage with Department decision-making processes. Examples include hosting public meetings in a variety of locations throughout a region and offering multiple hearings at different times of day on topics such as forestland classification and Habitat Conservation Planning.

Improve plans to further the progress of environmental justice in Oregon:

• Development of a series of social media posts on diversity in the outdoor industry, in an effort to more fully implement ODF’s DEI Core Value in the REI (Recreation, Education, and Interpretation) program. The idea behind sharing these resources is to allow readers the opportunity to deepen their understanding, engage with more material, and create dialogue following a given post.

• Tillamook Forest Center staff attended Grand Ronde Education Summit to learn about Oregon tribe’s Essential Understandings of Oregon Native Americans which addresses the nine areas they would like to see taught and addressed in formal and informal settings (Since Time Immemorial, Sovereignty, History, Tribal Government, Identity, Lifeways, Language, Treaties with the US, Genocide, Federal Policy and Laws) which resulted from House Bill 13.

• Tillamook Forest Center staff attended the Grand Ronde Educator Workshop to learn about tribal education curriculum and the first annual CTGR Cultural Summit highlighting tribal artwork.

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• The Interpretation and Education Coordinator collaborated with tribal members at the Chachalu Museum in the Cultural Resources Department and some members of their Natural Resources Department to provide professional development by offering National Association for Interpretation trainings for their members focusing on mission-based customer service.

• All Tillamook Forest Center staff and volunteers received training on protecting cultural resources, and these messages were included in appropriate public programs and offerings.

• Education programs were reviewed through a DEI lens and adjusted to be more inclusive and respectful. Examples include, changing the Tillamook State Forest Past and Present third grade program that discusses Native Americans to include “time in memoriam” and acknowledge their presence and use of the forest today.

• Researched and realized we have absent narratives in the Tillamook State Forest history on People of Color, which is obvious in our exhibits and programming. Acknowledging this absence, we have now incorporated the narrative into the programming.

The Oregon Department of Forestry is committed to working with the Environmental Justice Task Force through our assigned citizen advocates and to continuing to incorporate environmental justice considerations into our policy development and implementation processes. By improving our outreach efforts and fostering a better understanding and consideration of environmental justice issues agency-wide, we can improve outcomes for underrepresented communities throughout Oregon.

For additional information about any of these topics or to provide feedback on this report, please contact Andy White, Northwest Oregon Area Director and citizen advocate, at [email protected] or 503-359-7496.


State Marine Board 435 Commercial St NE, Suite 400

PO Box 14145 Salem, OR 97309-5065

Main (503) 378-8587 Fax (503) 378-4597

www.BoatOregon.com

Serving Oregon’s recreational boating public through education, enforcement, access and environmental stewardship for a safe and enjoyable experience.

August 18, 2020

Oregon State Marine Board 2020 Environnemental Justice Task Force Report Oregon Revised Statute 182.550 requires natural resource agencies to submit an annual report to the Environmental Justice Task Force (EJTF) and to the Office of the Governor on the results of the agencies’ efforts to: (1) Address environmental justice issues; (2) Increase public participation of individuals and communities affected by agencies’ decisions; (3) Determine the effect of the agencies’ decisions on traditionally underrepresented communities; and (4) Improve plans to further the progress of environmental justice in Oregon. The Oregon State Marine Board is designated as a natural resource agency under ORS 182.535 and is eager find opportunities to support and further environmental justice in Oregon. OSMB’s Mission, Vision, and Values reflects this:

Mission Serving Oregon’s recreational boating public through education, enforcement, access and environmental stewardship for a safe and enjoyable experience. Vision A collaborative community providing opportunities for all boaters to safely and respectfully experience Oregon’s Waterways. Values We value excellent customer service, safe experiences, education, communication, environmental stewardship, diverse and cohesive partnerships and responsible fiscal management.

OSMB values the leadership of the Environmental Justice Task Force and looks forward to continuing our work to improve our agency’s commitment to environmental justice. This document provides details on how agency programs worked to incorporate the concepts of collaborative governance and public engagement in 2020. Policy Program

• The Board adopts Oregon Administrative Rules (OARs) for boating safety. The Board meets quarterly and hosts meetings throughout the state. Consistent with state and federal law, all meetings are open to the public with the opportunity for verbal and written testimony. The

agency has also begun live-streaming meetings on YouTube to allow both synchronous and asynchronous viewing from across the state.

• OSMB Staff hold regular public meetings on relevant policy topics, petitions, and rule concepts, which provide additional opportunities for interaction with the agency in a more informal setting. Agency staff conduct outreach activities in communities as rules are being formulated. For example, during recent rulemaking the Willamette River, staff convened two Rule Advisory Committees (RACs) that informed staff of impacts to recreation and accessibility. These RACs consisted of citizen stakeholders that provided valuable local perspectives prior to the formal Board rulemaking. The RACs also helped the agency consider impacts to the Willamette Greenway

• OSMB Staff is exploring expanded access options for boaters with disabilities to some lakes that

are otherwise regulated. Staff has analyzed existing programs and has begun work to map out what a statewide program might look like. A work session on this topic will happen at the Board’s 2021 July meeting with a more robust conversation, including public engagement and outreach.

Environmental Program

• OSMB funds the statewide Adopt-A-River program in partnership with SOLVE. “Oregon Adopt-A-River, a partnership between SOLVE and the Oregon State Marine Board, supports individuals and organizations in cleaning and preserving their favorite stretch of waterway (river, lake, or stream) anywhere in the state of Oregon.” – solveoregon.org OSMB staff will investigate ways to boost meaningful outreach to underrepresented communities to facilitate involvement in Adopt-A-River by diverse groups of citizens. This may include identifying and communicating with existing non-profits, community groups, and advocates to help share the message among citizens who may not have previously felt encouraged to get involved.

• The Oregon State Marine Board is a member of the Metro Abandoned & Derelict Vessels and Camping workgroup, an assemblage of state agency representatives, Portland area public employees, representatives of waterfront and marine-related businesses, law enforcement, and citizens at large. One of the main purposes of the group is to discuss ways to mitigate the environmental and human impacts of houselessness and unauthorized camping on land and water in the Portland Metro area. While the Department of State Lands is the lead facilitator of this work group, OSMB staff work closely with the group and have an opportunity to make suggestions and influence the outreach measures undertaken. Staff will call attention to ways that this group could encourage involvement from more diverse stakeholders.

Boating Safety Program

• OSMB offers small grants that benefit to minority or underserved communities. The objective is to provide funds to local community organizations for creative and innovative local projects that promote safe and educational boating programs. The funds will allow groups to address safety concerns on their local waterways or provide educational programs to the public. Examples of projects funded under this grant program include life jacket loaner stations with signs in both English and Spanish communicating the importance of life jacket wear.

• OSMB boating safety staff has expanded efforts to produce additional signs and handouts in Spanish. In addition, current signs and publications underwent a review in 2020 and were updated to use more inclusive language, address and reduce jargon, and use more plain language. Additionally, boating safety staff has worked to develop multilingual signs that address crucial safety concerns for those recreating in and along the water.

• OSMB law enforcement training staff strives to maintain an excellent working relationship with Oregon’s federally recognized tribes and has sought their participation as valuable training partners for marine safety and enforcement. In 2020, the training program added an officer from Columbia River Inter-Tribal Fisheries Enforcement (CRITFE) to the instructor cadre.

• OSMB implements the statewide process of registering outfitter guides (individuals who provide

outdoor recreational activities for compensation, such as fishing, hunting, rafting, biking, hiking, rock climbing, bird watching, photographing or other similar outdoor activity). While the OSMB may not have the authority to prescribe specific measures to improve environmental justice via the outfitter guide program, staff certainly have a unique opportunity to communicate with this sector of Oregon businesses and may be able to help inform them of opportunities to be proactive in this way.

Facilities Program

• The new Waterway Access Grant program effective January 2020 is focused on developing, repairing, expanding, or renovating nonmotorized recreational boating access and creating opportunities for underserved communities to learn boating safety and education. Eligible applicants are the above identified parties plus Oregon’s federally recognized Tribal Governments. Private entities, non-governmental organizations and non-profits are eligible for grant funding to promote boating safety and education to underserved communities. This will be the first OSMB grant program that Oregon’s Tribes are eligible to participate. Rulemaking for the grant program will be initiated in January 2020. OSMB staff met with Mitch Sparks, LCIS Director to discuss a 2021 potential legislative concept to expand other grant programs to Oregon’s Tribes.

• OSMB Boating Facilities staff administers a statewide competitive recreational boating facility

access grant program. Eligible applicants are city, county, port, park districts state and federal agencies who are wanting to repair, expand, or renovate their recreational boating facilities. The grant application review process takes into consideration state, regional and local plans including the Statewide Comprehensive Outdoor Recreation Plan, Statewide Boating Access Improvement Plan, Triennial Survey of Boaters, U.S. Census data, recreational boating opportunities within a thirty mile radius of a proposed grant application facility location and ADA accessibility.

• OSMB Boating Facilities staff provided training through the Oregon Recreational Park

Association on recreational boating facility maintenance and ADA guidance. The training focused on purpose and functionality, using environmentally friendly materials and methods, ADA requirements for boating access and additional guidance to reduce barriers for access.

• OSMB’s participation in the Cultural Resources Cluster, Natural Resources Working Group,

Annual Summit and Tribal consultation has raised our awareness that areas along waterbodies have a high likelihood for cultural resources. Even though OSMB does not own property or boating facilities we are often out in the field surveying, looking at site development feasibility, inspecting active construction sites, inspecting and monitoring previously improved boating facilities, visiting unofficial user made access, inspecting existing access with no previous OSMB grant funding and boating on the water. As a result OSMB Facilities Program has implemented training on inadvertent discovery protocols, including development of a laminated quick reference card (same size as a business card) to be carried when in the field. Additionally, we anticipate including a presentation at the pre-season Marine Patrol academy. OSMB has staff watch videos such as Integrating Traditional Ecological Knowledge in Restoration” from the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians, news articles

• OSMB continues to participate in the Cultural Resources Cluster and Natural Resources Working

Group providing updates on agency rulemaking, policy issues, projects and specific issues raised by Tribal representatives attending the meetings.

OSMB would like to improve our partnership with the Environmental Justice Task Force going forward and will utilize the Environmental Justice Best Practices Handbook to evaluate agency efforts through the lens of environmental justice. OSMB is committed to addressing environmental justice issues and promoting public participation efforts related to the agency.