Advocacy
Local, State, & National Advocacy
WOBA's team fights for you! We are your voice, relentlessly working to advocate all issues that affect the building industry. We work to educate, and take a stance on all levels within the government to make sure your voice gets heard.
SB 1537 - Housing production and land acquisition
WHAT IT DOES: SB 1537 makes numerous changes to Oregon law, including
the creation of the Housing Accountability and Production Office (HAPO),
requiring local governments to approve certain adjustments to land use
regulations for housing development, and requiring local governments to
process certain applications as limited land use decisions. SB 1537 also requires
alternative processes to amend urban growth boundaries to include land for
affordable and moderate-income housing.
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WHAT IT MATTERS: SB 1537 is aimed at jumpstarting housing production,
providing a menu of options that will provide the support needed to ease
Oregon’s housing crisis. Among other things, this includes helping builders
overcome the overly strict planning criteria, arbitrary appeals, and lack of
oversight at the state level. Alongside this, SB 1537 provides localities onetime opportunities to expand their urban growth boundaries for housing
development, with a requirement that 30% of the new units be affordable within
their development, increasing homeownership opportunities across the state.
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SUPPORTED - PASSED
2024 OHBA Legislative Session Report
The 2024 Legislative Session came to a close on the evening of March 7 when the gavel fell for “sine die.” For a session that had the potential to be one of the best Sessions for housing production in decades, it did certainly did not disappoint. While there is more work to be done to increase housing production and increase opportunities for affordable homeownership, OHBA is pleased to share that many exciting pieces of legislation were passed this year. OHBA’s CEO, Jodi Hack, shares the following message about the Session:
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The 2024 legislative session was both rewarding and challenging – I’ve learned
over the years that nothing around land use is easy in Oregon, but the team at
OHBA was up for the challenge, as was the Governor and our partners. From
the moment the gavel fell for sine die last Session, our work began on the
passage of SB 1537 and other pro-housing bills for this session. Over the
interim, we worked closely with the Governor’s office and other stakeholders to
refine SB 1537, and create new policies to assist builders in achieving the
Governor’s goal of 36,000 units a year.
We know too well that anti-growth activists see SB 1537 as a threat to the overly
burdensome planning system we’ve been stuck with for decades. While SB 1537
makes more modest changes than we hoped, OHBA believes that certain
provisions are a major step forward on streamlining land use applications and
community growth. While not perfect, this is a BIG WIN for OHBA, particularly
the alternative UGB expansion process that local governments can use in
partnership with builders. Legislation like this has been tried before and failed
many times over decades – those before me were committed to continuing the
fight and I’m sure would have been running up this hill until now – when it finally
passed.
As you’ll see in our legislative report below, there were several other wins for
our industry, one of those was HB 4026 – legislation that prohibits UGB
expansions from being referred to the ballot after years of land use planning,
process, and public input. I encourage you to take a few moments to check out
the legislative report and relish some genuine, solid wins for the home building
industry!
Big thanks to our lobby team and Government Affairs Committee for all the
hours of hard work and perseverance, and all of those who came to the Capitol,
submitted testimony, and reached out to their legislators. Through your efforts,
your voice was heard, and meaningful change happened!
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Bills - Passed
Throughout the Session, OHBA’s government affairs team worked to pass legislation that supports increased housing production. The following bills are some of the major bills passed this Session and are awaiting Governor Kotek’s signature to become law:
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Governor Kotek’s Omnibus Housing Production Package:
SB 1537 (https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/SB1537) and
SB 1530 (https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/SB1530) were Governor Kotek’s top priorities and SB 1537 was the Governor’s only bill for the 2024 legislative session. The package passed both chambers with bipartisan support. The two measures, along with HB 4134 (https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/HB4134), will send a total of $376 million toward boosting housing production, funding needed infrastructure and land acquisition for housing, and providing rental support. SB 1537 also makes numerous changes to Oregon law, including but limited to the creation of the Housing Accountability and Production Office (HAPO), requires local governments to approve certain adjustments to land use regulations for housing development, requires local governments to process certain applications as limited land use decisions, and develops and alternative processes to amend urban growth boundaries to include land for affordable and moderate-income housing.
Regulatory Reform to Boost Housing Production: HB 4026 (https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/HB4026) prevents important land use decisions made by local governments, such as UGB expansions, from being referred to the voters for rejection or approval. Without this legislation, unprecedented and unconstitutional use of the referendum power threatened not only the City of North Plains ability to expand its UGB, but would have turned planning for future housing development into a “thumbs-up-thumbs-down” process. Oregon’s land use planning system was designed to prevent uncoordinated and reactionary schemes like the North Plains referendum from dictating local planning decisions. HB 4026 was a critical piece of legislation that protects our land use planning system.
HB 4063 (https://olis.oregonlegislature.gov/liz/2024R1/Measures/Overview/HB4063) requires a number of changes to Oregon law. Under the bill, Metro counties must plan for needed housing on urban unincorporated lands within their jurisdiction. Among other things, the bill allows a housing developer with a pending application to opt in to amended local land use regulations, allows serial middle housing land partitions to be considered a single partition and extends the applicability of middle housing land divisions to townhouses.
SB 1564 (https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/SB1564) requires DLCD to develop three model ordinances providing clear and objective standards for the development of various housing types within an urban growth boundary, including single-family detached housing, middle housing, accessory dwelling units, and multifamily housing, that may be readily adopted by local governments.
Financial Support for First-Time Homeownership & Changes to Real Estate Law:
SB 1527 (https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/SB1527) provides for expanded access to First-Time Home Buyer savings accounts.
HB 4058 (https://olis.oregonlegislature.gov/LIZ/2024R1/Downloads/MeasureDocument/HB4058) creates a residential property wholesaler registration. As well, this bill prohibits residential property wholesaling without registration (with exceptions), and punishes a violation by imprisonment, fine, and civil penalties. HB 4058 requires written a buyer's representation agreement and written listing agreement, and requires real estate licensees to disclose shared compensation. Prohibits real estate licensees from entering into long-term agreements that require buyers or sellers to use their services in the future.
Updates to Contractor Responsibilities: HB 4006 (https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/HB4006) would have required all contractors to accept a surety bond in lieu of retainage. After extensive work and negotiation, OHBA was able to amend the bill so that this new requirement only applies to large commercial contractors.
Notable Bills Not Related to Housing:
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HB 4002 (https://olis.oregonlegislature.gov/liz/2024R1/Measures/Overview/HB4002) recriminalizes “hard drugs” in Oregon to end the failed Measure 110 experiment. Among other things, the bill increases penalties for unlawful possession of a controlled substance on September 1, 2024. The bill designates as a crime a drug enforcement misdemeanor and specifies its sentence, as well as creates a new form of conditional discharge for drug enforcement misdemeanors and establishes processes for sealing records related to the crime. HB 4002 also makes a number of changes to insurance coverage for addiction services and creates significant resources, programs, task forces, and services aimed at addiction support and behavior health services.
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HB 4024 (https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/HB4024) makes history in Oregon by establishing political campaign contribution limits applicable to candidates, political committees, and membership organizations. Among other things, the bill also authorizes local governments to establish lower limits for local elections, requires candidates to report the original sources of funds used to pay for candidate campaign independent expenditures, and requires the disclosure of specified information on certain political advertising.
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Bills That Died
Just as much as OHBA’s team worked to pass legislation, they also worked tirelessly to amend or stop harmful policies that would have created more barriers to housing production. Additionally, despite best efforts of Legislators and lobbyists, good pieces of legislation often do not make it through system. The following bills are those pieces of legislation that did not pass this Session:
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Good bills that did not pass:
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HB 4046 (https://olis.oregonlegislature.gov/LIZ/2024R1/Downloads/MeasureDocument/HB4046) allows an occupying homeowner outside of an urban growth boundary to site one additional family dwelling unit on the tract of the home.
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HB 4050 (https://olis.oregonlegislature.gov/LIZ/2024R1/Downloads/MeasureDocument/HB4050) changes Pay Equity law to add to the list of factors that an employer can use as a reason for a pay differential.
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HB 4099 (https://olis.oregonlegislature.gov/LIZ/2024R1/Downloads/MeasureDocument/HB4099) requires the Housing and Community Services Department to guarantee local governments' deferral of system development charges for housing developments.
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HB 4131 (https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/HB4131) appropriates $10,000,000 from the General Fund to the Housing and Community Services Department for the purpose of making matching deposits into individual development accounts.
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SB 1511 (https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/SB1511) directs the State Fire Marshal to establish a neighborhood protection cooperative grant program. Establishes the Neighborhood Protection Cooperative Grant Program Fund. Directs the Department of Consumer and Business Services, the Department of the State Fire Marshal, and the State Forestry Department to develop a plan and implementation timeline for establishing an insurance-related risk reduction certification program.
Concerning bills that did not pass:
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HB 4128 (https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/HB4126) allows cities and counties to impose rent control.
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SB 1559 (https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/SB1559) modifies state greenhouse gas emissions reduction goals. Replaces the term "global warming" with "climate change" in provisions related to the Oregon Climate Action Commission.
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SB 1573 (https://olis.oregonlegislature.gov/liz/2024R1/Downloads/MeasureDocument/SB1573) makes a contractor jointly and severally liable in civil or administrative action for unpaid wages of unrepresented employee of subcontractor at any tier.
Oregon OSHA has announced the adoption of new, permanent Wildfire Smoke Exposure and Heat Illness Prevention rules to protect workers in hazardous conditions.
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Following an order from Governor Kate Brown, OSHA is directing employers to implement exposure controls, and develop training for all employees by the rules’ effective dates. Alongside this, employers must develop training for all employees regarding their own safety and defense from hazardous conditions by the rules’ effective dates.
Heat Illness Prevention rules go into effect June 15, 2022.
These rules require job site action when the heat index equals or exceeds 80 degrees Fahrenheit. Employers must develop and implement exposure controls for their workers to actively prevent heat illness, encourage them to stay hydrated, and know how to respond to heat illness. These rules also require employers to provide provisions to keep their employees safe through practical means, such as providing effective shaded/cooling areas, auxiliary cooling equipment, cooled drinking water, and emergency response if necessary.
Wildfire Smoke Protection rules go into effect July 1, 2022.
These rules go into effect when employees are, or will be, exposed to wildfire smoke where the air concentration equals or exceeds an AQI 101. Employers must develop and implement exposure controls for their workers to reduce their exposure to hazardous AQI/PM 2.5 levels and know how to respond to smoke exposure/inhalation if and when it occurs at their jobsites. These rules also require employers to provide provisions to keep their employees safe in the face of a smoky atmosphere, including providing NIOSH-approved masks and respirators, AQI measuring tools, and two-way communication tools.