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Oregon Bulletin

January 1, 2011
EXECUTIVE ORDERS

EXECUTIVE ORDER NO. 10 - 10

IMPLEMENTING THE KLAMATH BASIN RESTORATION AGREEMENT AND KLAMATH HYDROELECTRIC SETTLEMENT AGREEMENT

On February 18, 2010, the State of Oregon, together with California, the federal government, tribal leaders and other stakeholders signed two historic agreements that will lead to restoration of the Klamath River Basin. The two agreements, the Klamath Basin Restoration Agreement and the Klamath Hydroelectric Settlement Agreement with PacifiCorp, together work to resolve decades-long water quantity, water quality, and fish and wildlife resource issues in the Klamath Basin, and represent the largest river and salmon restoration effort in U.S. history

The Restoration Agreement outlines next steps to: (1) restore and sustain fish and wildlife habitat, water quality, and natural fish production and provide for full participation in ocean and river harvest opportunities of fish species throughout the Klamath Basin; (2) establish reliable water and power supplies which sustain agricultural uses, communities, and National Wildlife Refuges; and (3) contribute to the general welfare and economic viability of all Klamath Basin communities.

The Hydroelectric Settlement outlines the process for additional studies, including an environmental review, which will inform a decision by the Secretary of the Department of the Interior regarding whether the removal of the four dams owned by PacifiCorp will: (1) advance restoration of salmonid fisheries in the Klamath Basin; and (2) is in the public’s interest, which includes but is not limited to consideration of potential impacts on affected local communities and tribes. The Secretary will make a determination by March 31, 2012. The earliest that dam removal would occur, if determined necessary, is in 2020.

Although signing these agreements was a landmark event, there is still much work to be done. This Order directs state agencies to collaborate on the myriad steps we must take to support the ultimate goals of dam removal and basin stability and sustainability.

NOW THEREFORE, IT IS HEREBY DIRECTED AND ORDERED:

1. I hereby designate the Oregon Water Resources Department (WRD), the Oregon Department of Environmental Quality (DEQ), and the Oregon Department of Fish & Wildlife (ODFW) as the lead state agencies tasked with implementing Oregon’s responsibilities as outlined in the Klamath Basin Restoration Agreement (KBRA) and the Klamath Hydroelectric Settlement Agreement (KHSA).

2. All state agencies shall communicate and coordinate with WRD, DEQ, and ODFW about all matters pertaining to the implementation of the KBRA and KHSA.

3. Within ninety (90) days of the issuance of this Order, WRD, DEQ and ODFW shall enter into a Memorandum of Understanding (MOU) outlining agency action required to implement the KBRA and KHSA. Prior to signature, the MOU shall be presented to the Governor and the Governor’s natural resources senior policy adviser for review and approval.

4. At a minimum, the MOU shall outline how WRD, DEQ, and ODFW will coordinate action required to implement the KHSA, including but not limited to:

a. The participation in and review of federal studies pertaining to dam removal;

b. The review and comment on National Environmental Policy Act (NEPA) documents, including any Draft Environmental Impact Statement;

c. The preparation of a proposed final order for water right reauthorization;

d. The estimation of project-specific fees for inclusion in water right reauthorization;

e. The development of state concurrence regarding the Secretary’s determination;

f. The issuance of Section 401 Clean Water Act certification and state permits.

5. The MOU shall also provide how WRD, DEQ and ODFW will coordinate agency action related to the implementation of the KBRA, including but not limited to:

a. The development of a fish reintroduction plan;

b. The development of an anadromous fish conservation plan;

c. The development of a Klamath Basin drought plan;

d. The participation in the Technical Advisory Team;

e. The participation in the Klamath Basin Coordinating Council and the Klamath Basin Advisory Council; and

f. The participation in the Water Use Retirement Program.

6. WRD, DEQ, and ODFW shall form an interagency team of staff to assist the Oregon Department of Justice with any litigation that arises related to the KBRA or KHSA.

7. If at any point WRD, DEQ, and ODFW are unable to reach consensus on the appropriate state agency action required to implement the KBRA or KHSA, their agency heads shall contact the Governor and the Governor’s natural resource senior policy advisor for further direction.

8. The Governor shall designate a member from his staff or the staff of WRD, DEQ, or ODFW to serve as the representative of the State of Oregon on voting matters within the Klamath Basin Coordinating Council (established by the KBRA) and the Klamath Basin Advisory Council (established by the KBRA).

9. This Order shall expire on December 31, 2020.

Done at Salem, Oregon this 23rd of November, 2010.

                                                                    /s/ Theodore R. Kulongoski

                                                                    Theodore R. Kulongoski

                                                                    GOVERNOR

 

                                                                    ATTEST

 

                                                                    /s/ Kate Brown

                                                                    Kate Brown

                                                                    SECRETARY OF STATE

EXECUTIVE ORDER NO. 10 - 11

GOVERNOR’S EXECUTIVE ORDER ON LONG-RANGE CAPITAL PLANNING

Oregon state government owns and cares for a diverse portfolio of facilities worth more than $6 billion. In many state-owned facilities, the growing deferred maintenance has placed both employees and visitors at significant risk because of the potential failure of facilities or systems. The Oregon Legislature and the Secretary of State Audits Division have expressed concern over the fact that the longer that facility maintenance receives insufficient funding, the greater the potential risk to the state. Despite this, no standard method exists to measure the level of need or the accumulated cost of unfunded maintenance in all state-owned facilities.

Long-Range Capital Planning links all the critical elements of facility management into a cohesive program that includes financing, ownership, operations and maintenance. This comprehensive approach ensures that the state receives maximum value; the greatest operational use with the least cost for every dollar spent on state-owned facilities. This “cradle to grave,” “life-cycle cost” thinking will keep state-owned facilities operating safely, effectively, and at the lowest possible cost to Oregonians.

To address the existing deferred maintenance issue, Department of Administrative Services (DAS) continues to work closely with the Capital Projects Advisory Board, which, since 1997, has been responsible for review of major construction projects and building maintenance needs for state agencies and with the Central Facilities Planning Committee comprised of state agency staff responsible for facilities management. DAS is seeking legislative approval in the 2011 Legislative Session for an Asset Protection and Deferred Maintenance Fund to assist with funding selected critical deferred maintenance projects that are approved by the Legislature.

Effective Long-Range Capital Planning requires the coordination of many decision points including construction planning, facility maintenance, facility operation, deferred maintenance, maintenance planning, and planning for replacement reserves. DAS is in the process of building a database system to capture the data it needs to effectively manage its facility maintenance, deferred maintenance, and long range capital planning responsibilities. This Order directs DAS to establish standards and guidelines, an assessment process, and a comprehensive plan for addressing operational and deferred maintenance needs. It also directs DAS to participate in a pilot project utilizing the standards and guidelines and comprehensive plan.

NOW THEREFORE, IT IS HEREBY DIRECTED AND ORDERED:

 1. DAS shall develop standards and guidelines that can be used by all state agencies to assess, measure, and report on operating and deferred maintenance. The standards and guidelines shall encompass factors including:

a. Code Compliance;

b. Operating Effectiveness and Efficiency;

c. Major Component Reliability;

d. Environmental Impacts;

e. Functionality; and

f. Timeline of Need (Immediate\Short Term\Long Term).

2. DAS shall develop an assessment process, based on its standards and guidelines, which can be used by all state agencies. The assessment process shall be designed to consistently identify, measure, track, and report on existing deferred maintenance, operating maintenance, and long range capital construction requirements.

3. DAS shall develop a comprehensive plan for implementing its standards and guidelines and the assessment process. The comprehensive plan shall include recommendations for implementing the suggested assessment process, meeting data system requirements, conducting agency training, gathering data, and evaluating and reporting on statewide operating and deferred maintenance needs.

4. DAS shall carry out a deferred maintenance pilot program, based on its comprehensive plan, which follows the established standards and guidelines and uses the assessment and data gathering processes. DAS shall recruit two or more volunteer agencies to participate in the pilot program.

5. DAS shall collaborate with the Capital Projects Advisory Board and the Central Facilities Planning Committee in carrying out this Order.

6. Before establishing its standards and guidelines, assessment process and comprehensive plan, DAS shall seek the input of state agencies that own or operate state-owned facilities.

7. If DAS requires assistance of any other State agency in carrying out this Order, then such agency shall provide assistance to DAS upon request as resources permit.

8. This Order shall expire on July 31, 2012.

Done at Salem, Oregon, this 6th day of December, 2010.

                                                                    /s/ Theodore R. Kulongoski

                                                                    Theodore R. Kulongoski

                                                                    GOVERNOR

 

                                                                    ATTEST

 

                                                                    /s/ Kate Brown

                                                                    Kate Brown

                                                                    SECRETARY OF STATE

EXECUTIVE ORDER NO. 10 - 12

GOVERNOR’S COMMISSION ON PUBLIC SAFETY (CPS)

In Executive Order 09-13, I created the Governor’s Reset Cabinet and charged it with studying the core functions of state government and recommending strategies to increase its efficiencies and improve outcomes in order to better serve the interests and needs of Oregonians. In June, the Reset Cabinet issued its findings on the fiscal crisis facing Oregon, and provided a set of strategies to ensure that state government can continue to meet Oregonians’ critical public safety, human services, and education needs. With respect to public safety, the Reset Cabinet identified the need to comprehensively restructure Oregon’s current sentencing system.

This Order convenes the leaders of the three branches of state government as the Commission on Public Safety. The Commission shall collect, review and evaluate arrest, conviction, sentencing and recidivism data in order to develop recommendations for comprehensive sentencing reform for consideration by the state legislature and people of Oregon. The Commission is an opportunity for the heads of the three branches of government as well as the citizens of Oregon to take stock of our current public safety system with its successes and challenges and to chart a path for the future.

In addressing public safety policy, the Commission must focus on four core outcomes: the safety of our citizens in their homes and communities, accountability for criminal offenses, an efficient system that controls costs, and a system that is also smart and fair. Any concepts developed must put the safety of our citizens as the top priority and also ensure that individuals who commit crimes are held accountable for their conduct. At the same time, we must focus on building a smart and efficient system that maximizes our public safety dollars in light of the current economic environment.

In the 2011-13 biennium, Oregon will face a multi-billion dollar deficit and substantial general fund cuts. In the midst of this economic crisis, we must take a strategic look at our sentencing policies. With limited dollars, we must ensure the public’s safety by making smart investments across our adult and juvenile justice system, including law enforcement, courts, local jails, state prisons, community corrections and other critical public safety partners.

Since the last comprehensive review of sentencing policy in 1989, our current sentencing structure has been developed by separate legislative actions and ballot measures. These two processes have created policies that are independent, and in some cases, inconsistent with each other and with little uniformity between the two.

Further, as a result of the incarceration costs of our current sentencing policies, Oregon faces the untenable choice of having to fund its prisons or educate our children. With hard economic realities, we must be more strategic and take a broad look at our current public safety system. The Commission will design specific concepts to implement the best use of our limited public safety dollars that will most effectively keep our citizens’ safe and further justice in an efficient manner.

NOW THEREFORE, IT IS HERE BY DIRECTED AND ORDERED:

1. The Governor’s Commission on Public Safety (Commission) is hereby established.

2. The Commission shall consist of no more than six (6) members, who shall be appointed as follows:

a. The Chief Justice of the Oregon Supreme Court or his designee, appointed by the Chief Justice;

b. The Governor of Oregon or his designee, appointed by the Governor;

c. The Speaker of the Oregon House of Representatives, or the Speaker’s designee, appointed by the Speaker;

d. The President of the Oregon Senate, or the President’s designee, appointed by the Senate President;

e. A member of the Oregon House of Representatives who is also not a member of the same political party as the Speaker, appointed by the Speaker;

f. A member of the Oregon Senate who is also not a member of the same political party as the President, appointed by the President;

g. In the event that there are Co-Speakers of the Oregon House of Representatives, subparagraphs c. and e. will become inoperative and in their place each Co-Speaker of the Oregon House of Representatives or their respective designees as appointed by each Co-Speaker shall be appointed to serve on the commission.

3. The Chair of the Oregon Criminal Justice Commission shall be a non-voting member and the Director and Executive Secretary of the Commission.

4. All members shall serve at the pleasure of their appointing authorities. The chair of the Commission will be appointed by the Governor and will serve at the pleasure of the Governor. The chair shall develop a work plan, set the agenda and provide leadership and direction for the Commission.

5. A quorum for Commission meetings shall consist of a majority of the appointed members. The Commission shall approve measures on an affirmative vote of a majority of voting members appointed to the Commission.

6. The Commission shall lead and coordinate a process to collect, review and evaluate criminal justice data to determine a public safety policy that both protects the public’s safety and is cost-effective. This is to be a long-term effort to both develop public safety policy as well as evaluate its effectiveness. Before developing the specific policy concepts called for in the next paragraph, the Commission shall develop a consistent set of definitions for terms for which there have been competing meanings. In this manner, the Commission’s definition of terms will serve as a common baseline from which policy makers and the public can make informed decisions on sentencing policy. Additionally, the Commission shall also develop an outreach strategy to educate Oregonians about the public safety system and impacts of our current policies. The Commission, at a minimum, shall work with state and local governments, Oregon universities, the Criminal Justice Commission, the State Department of Justice, and businesses to implement the data collection, review, evaluation and outreach strategy.

7. The Commission shall develop specific concepts on comprehensive public safety policy for consideration of the public and policy makers that are informed by the recommendations of the Reset Cabinet.

8. In developing its proposals for the three branches of government and the public, the Commission may form workgroups as deemed necessary by the Chair. Workgroups may include members of the public, interested parties, and public safety stakeholders who are not members of the Commission. Any workgroup created will be given a specific charge by the Chair. The Commission will consider proposals and opinions of any workgroups it establishes but it is the Commission that shall be ultimately responsible for making final recommendations consistent with its charge and scope.

9. The Commission shall produce a written report no later than December 15, 2011. The report will include conceptual proposals for the consideration of the public and policy-makers.

10. The Oregon Criminal Justice Commission and the Oregon Department of Corrections shall provide staff support for the Commission. If the Commission requires assistance of any other State agency, then such agency shall provide assistance to the Commission upon request.

11. The members of the Commission shall not receive per diem for their activities as members of the Commission, but may be reimbursed for expenses incurred in attending Commission business pursuant to ORS 292.495(2), subject to availability of funds.

12. This Order expires on December 31, 2011.

Done at Salem, Oregon, this 9th day of December, 2010.

                                                                    /s/ Theodore R. Kulongoski

                                                                    Theodore R. Kulongoski

                                                                    GOVERNOR

 

                                                                    ATTEST

 

                                                                    /s/ Kate Brown

                                                                    Kate Brown

                                                                    SECRETARY OF STATE

EXECUTIVE ORDER NO. 10 - 13

RECOVERY PLANNING ASSISTANCE FOR THE CITY
OF AUMSVILLE AND MARION COUNTY DUE TO A
TORNADO

This week, severe weather, including the occurrence of a tornado, extremely high winds and heavy rain created a threat to life, safety and property in the City of Aumsville and surrounding area of Marion County. On December 14, 2010, a short-lived yet unusually severe storm caused high winds that resulted in power outages, significant property and infrastructure damage, and debris in the area surrounding the City of Aumsville. Because of these circumstances and property and infrastructure damage to areas of Marion County, there is a need for a coordinated recovery effort.

IT IS HEREBY ORDERED AND DIRECTED:

1. The Oregon Military Department’s Office of Emergency Management (OEM) shall continue to implement the State’s Emergency Operations Plan, and coordinate with the appropriate state and local agencies impacted by this severe weather event.

2. The Oregon National Guard shall provide the necessary manpower and equipment required to respond to requests from Marion County received by the OEM to facilitate response and recovery efforts to and from this severe weather event.

3. The Oregon State Police shall provide the necessary manpower and equipment required to respond to requests from Marion County received by the OEM, or otherwise by mutual aid agreement, to facilitate response and recovery efforts to and from this severe weather event.

4. The Oregon Department of Transportation shall provide the necessary manpower and equipment required to respond to requests from Marion County received by the OEM, or otherwise in place by mutual aid agreement, to facilitate response and recovery efforts to and from this severe weather event.

5. Oregon Public Utility Commission shall provide the necessary manpower and equipment required to respond to requests from Marion County received by the OEM, or otherwise in place by mutual aid agreement, to facilitate response and recovery efforts to and from this severe weather event.

6. The Oregon Military Department, after consultation with appropriate Marion County and City of Aumsville officials, shall assess the overall property damages resulting from this severe weather event, as well as the ability of Marion County and the City of Aumsville to implement a recovery plan in response to the situation.

7. The Oregon Military Department shall report its findings and make a recommendation to me by December 30, 2010 as to whether to activate the Recovery Planning Cell pursuant to Executive Order No. 08-20.

Done at Salem, Oregon, this 16th day of December, 2010.

                                                                    /s/ Theodore R. Kulongoski

                                                                    Theodore R. Kulongoski

                                                                    GOVERNOR

 

                                                                    ATTEST

 

                                                                    /s/ Kate Brown

                                                                    Kate Brown

                                                                    SECRETARY OF STATE

 

 


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