Oregon HB 3409 (2023): Establishing New Resilience Planning and Procedural Measures
In 2023, Oregon’s legislature passed House Bill 3409, which created new requirements and programs designed to reduce greenhouse gas emissions and build resilience to the impacts of climate change. In addition to specifying new building energy efficiency and performance standards, the Bill establishes procedures and plans for climate adaptation measures, such as sources of funding, regulatory directives, and adaptation governance.
The Bill defines climate resilience as “the capability to anticipate, prepare for, respond to and recover from significant climate-related threats while minimizing damage to social well-being, the economy, and ecosystem functions.” One way the Bill seeks to achieve climate resilience is through natural climate solutions, meaning activities that maintain or reduce biological carbon sequestration while maintaining or increasing ecological resilience and human well-being. HB 3409 clearly dictates the state policy for natural climate solutions, which includes:
- Investing in research to better understand the impacts of climate solutions and its benefit;
- Mitigating climate change impacts by implementing strategies that encourage the progression of natural climate solutions; and
- Incentivizing natural climate solutions by ensuring equitable access and benefits to all.
To achieve these policy goals, HB 3409 establishes the Natural and Working Lands Fund, under the management of the Watershed Enhancement Board. The Watershed Enhancement Board distributes the funds to projects implementing natural climate solutions, based on the allocation directions of the Oregon Climate Action Commission (CAC). Each year, portions of the Natural and Working Lands Fund are to be distributed to separate funds intended to implement natural solutions for the benefit of (1) agriculture, (2) forestry, (3) watersheds, and (4) fish and wildlife. The Bill also requires the establishment of a baseline, inventory, and metrics related to carbon sequestration and storage from natural and working lands. The CAC is authorized to establish a natural and working lands advisory committee to assist with the implementation of these and other aspects of the Bill related to natural solutions.
The CAC was also amended in OR 3409, undergoing a name change (from the previous Oregon Global Warming Commission) and the inclusion of adaptation responsibilities. The new text now requires CAC to report on state agencies’ efforts towards, in part, preparing for global warming.
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The bill provides pathways to increasing equity in adaptation planning and decision-making. For example, the aforementioned amendment mandates new parties be a part of CAC membership, including a youth representative and a representative with significant experience in environmental justice. Other policy declarations present in the Bill include requiring higher levels of energy efficiency to increase building resilience. Under the jurisdiction of the Department of Consumer and Business Services (DCBS), the agency must “consider and integrate the prevention or reduction of impacts from climate change” into their decision-making, “which must involve, at a minimum” prioritizing actions that help vulnerable communities while also contributing to greenhouse gas emissions reduction goals. |
In addition to policy considerations, HB 3409 also commits the Oregon Department of Human Services to provide “grants, support and technical assistance” for the state’s Resilience Hubs and Networks to encourage information-sharing and community assistance in both the day-to-day and emergencies. The Bill classifies a resilience hub as a facility providing:
- Support for the needs of community or tribal members by facilitating conversations and distributing resources;
- A central meeting point for coordination and communication to respond to disruptions to the community;
- An increased ability to respond to and recover from said disruptions;
- Basic resources, medical supplies, and relevant equipment depending on the community’s needs; and
- Support for community members sheltering in place during emergencies.
A resilience network is defined by the Bill as “an association of facilities, organizations, resource providers or service providers outside of a physical Resilience Hub facility that collectively serve the purposes of a Resilience Hub.” Ideally, this state support will encourage community organization at a grassroots level to “serve vulnerable populations and communities traditionally underrepresented in the public process” and build resilience.
The Bill also establishes a Community Green Infrastructure Grant Program to assist with the implementation of resilience-related policy goals. The purpose of the Community Green Infrastructure Grant Program is to “provide direct social, environmental, and economic benefits to communities across [Oregon] through green infrastructure.” To achieve this, the Grant Program funds green infrastructure economic development projects to mitigate climate change and to promote the adaptation ability and resilience of communities. The Grant Program requires the applicants to show how their projects will benefit vulnerable and environmental justice communities, including hiring community members for the projects, proposing projects located in publicly accessible areas, and developing and implementing infrastructure master plans.
The Bill also contains provisions requiring the state to improve monitoring and maintain information related to urban tree canopy (overseen by the Forestry Department) and harmful algal blooms that potentially affect drinking water sources (overseen by the Health Authority and Department of Environmental Quality). Oregon’s HB 3409 involves greenhouse gas reduction but also adopts policies that increase the resilience of a community and their ability to respond to climate change and emergencies.
Publication Date: June 24, 2023
Related Organizations:
- State of Oregon
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- Laws
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