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.
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
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.
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
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.
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
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.
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