The 82nd Oregon Legislature adjourned its 35-day session, as the official phrase goes, "sine die"—without a future date designated for resumption—with a notable lack of the drama that marred last year's gathering. In other words, no Republican walkouts that ground to a halt any significant action on some critical issues, and with at least a nod to compromise, though some of those may spell disaster for Oregon's farmers and agricultural lands.

Housing: Loss for Farmers and Agricultural Lands, Win for Developers

Perhaps most notable was Oregon Governor Tina Kotek's vow to get a housing bill passed to ostensibly ease the statewide problem of high costs for housing and low vacancy rates, along with a vague nod toward "doing something" about its unhoused citizens.

This so-called "smart housing policy," SB 1537, included a provision that would allow cities to override long-established land use laws and processes, expanding their urban growth boundaries (UGBs) by at least 75 or 150 net residential acres each, depending on population size. Not surprisingly, this could lead to municipalities being influenced by greedy developers eager to enrich themselves at the expense of our rich agricultural lands near population centers, which was one of the main thrusts of establishing UGBs in the first place.

The catch—And you knew there was one, right?—is that in reality only 30 percent of this new housing is required to be "affordable," putting the lie to proponents' claims it would magically solve the so-called housing crisis. Plus, as anyone who's watched big apartment buildings and condos sprouting up in their neighborhoods, the affordable housing requirements can be reduced or waived for any number of reasons.

In a press release from 1,000 Friends of Oregon, "the idea to sprawl outside urban growth boundaries, including into the wildland-urban interface, where wildfire risk is higher and development patterns worsen environmental impacts, should never have stuck. But we know why it did: It’s a giveaway to homebuilders."

This was despite advocates identifying 3,000 acres of land suitable for housing within urban growth boundaries, and their insistence that those sites should be the first priority for development.

Not only is this a big loss for Oregonians' ability to directly challenge actions taken by our representatives, it's a blow to our access to food grown close to where we live, as well as to the income of small farm families and their ability to access the rich agricultural land near market centers. And what about the climate? It will suffer, too, since farmers will have to transport goods farther to get to those markets, and scraping away carbon-sequestering topsoil and replacing it with sprawling developments is the wrong way to go.

In what seemed like a good thing, near the end of the session an unpopular section of the bill that forbade cities from putting before the voters any changes to the existing UGB was expunged. And that's a good thing, right?

Well, yes, but in a sneak attack right at the end of the session, the expunged text was "stuffed" into a different bill and passed. A very, very bad thing (see below).

Sneak Attack: Land Use Exemption in Hillsboro

The Hillsboro area of North Plains, similar to the rest of the Willamette Valley, has some of the richest agricultural soils in the state. A last-minute measure, HB 4026, was passed at the very end of the session, a so-called "gut and stuff" maneuver in which the text of an existing bill is replaced with different language, often to serve a special interest group.

In this case, the text was removed from the Governor's so-called "housing" bill that removes the option for a community send a land use decision by a city to the voters via a referendum (see above). Stripping public participation from the process is rarely a good sign, and it was clearly in direct response to a ballot measure that the people of North Plains worked to bring to the upcoming May ballot over a deeply unpopular land grab decision by their city council.

Because of this new law, the community's ballot measure is not going to be able to move forward, putting valuable farmland in jeopardy again. In response, the people of North Plains are mounting a local effort to fight it and allow their ballot measure to stand. To sign a petition supporting the ballot initiative, go to Friends of North Plains Smart Growth.

UPDATE: Washington County Circuit Court, judge Andrew Erwin, granted a temporary restraining order on March 21 that allows the North Plains referendum, Measure 34-327, to remain on the printed ballot this May. This means although North Plains citizens will be able to vote on the measure in May, they will need to win their court case in order to have the votes legally count.

Preserving Agricultural Lands

A bill requesting $10.8 million for the Oregon Agricultural Heritage Program (OAHP)  for the next biennium, HB 4060, survived by the skin of its teeth at the end of the session. OAHP has four components: technical assistance, succession planning, conservation management plans, and easements. It is crucial not only for the preservation of Oregon's farmland, but the incorporation of environmental stewardship into working lands management.

It is one of many tools the state should be using to address the farmland crisis our country, and Oregon especially, is facing today. From 2017 to 2022 the nation lost two percent of its farmland to development and other uses, but shockingly in Oregon we doubled that national trend to lose four percent of our farmland acreage. Allocating funds to current landowners through easements will permanently preserve land for farm use, make it immune to UGB expansions and zoning changes, as well as making it available at the agricultural value (a lower price) for the next buyer.

Sadly, the budget request died in the Ways and Means Committee, but the program was saved at the last minute with $6 million allocated in the final budget bill signed by the governor.

Dead: Funding for Locally Grown Food for Oregonians on Food Assistance

The Double Up Food Bucks Program is a SNAP (formerly known as food stamps) matching program for fresh fruits and vegetables at farmers markets, farmstands, CSAs and select grocery stores. Established in 2009 and currently available at 75 markets across the state, it provides additional resources to SNAP users to purchase fruits and vegetables, puts more money in the community food system, and makes healthy food more available across the state.

In the 2023 session the legislature did not fulfill the full request from the program and, in order to qualify for federal matching funds, the Farmers Market Fund—with allies like Friends of Family Farmers, Oregon Hunger Taskforce, Partners for a Hunger Free Oregon and the American Heart Association—requested an additional allocation of $1 million from the state. Shockingly, even with overwhelming support from stakeholders and advocates, the request was not included in the final budget.

Go to the Farmers Market Fund website to find out how to support this valuable program in their applications to foundations and other donors to cover the gap in their budget.

There are just two weeks left in this legislative session and three pieces of legislation need your help.

Protect the Willamette Valley from Canola Contamination

Willamette Valley Specialty Seed Protected District (HB 4059) needs to be passed before the current proposal "sunsets" this year. The Willamette Valley is one of the most important regions in the world for large-scale vegetable seed production. Prior to 2015, growing canola was prohibited in the Valley due to its ability to cross-pollinate with crops in the brassica family like broccoli, kale, cabbage and others, risking the livelihoods of vegetable farmers and seed producers. In 2015 a law was passed allowing a very limited amount of canola to be grown with strict rules requiring distancing from brassica growers.

In order to protect farmers and growers of vegetable seeds in the brassica family from fear of crop contamination or rejection of contaminated seed by national and international markets, strong protections and compliance tools must be developed. Maintaining the Willamette Valley Protected District and limiting canola production is crucial to preserving the state's specialty seed growing industry. More information here.

ACTION NEEDED: Submit your testimony by e-mailing Senator Jeff Golden, Chair of the committee and entering "HB 4059_A" in the Subject line, then copy and paste the text below into the message, filling in the brackets as needed.

To Chair Golden, Vice Chair Girod and members of the committee:

My name is [name] and I am writing in support of HB 4059-A. I am a community member in [town]. The Willamette Valley Specialty Brassica seed industry is vital to the agricultural landscape of Oregon and we are so lucky to have the land, expertise and conditions to support this unique industry. We should protect these farmers’ ability to grow the seeds that produce millions of pounds of food across the world. 

Because a reasonable agreement could not be reached after the work group process, extending the current regulations is the only viable option. This topic means so much to me because [insert your reason here, such as "I want to be able to buy locally produced organic seeds for my garden that are adapted to our climate" or "I want to buy organic crops from local farmers to put on my table," etc.].

We know that HB 4059-A is not the end of the road and we will have to find a more permanent solution in the next few years. I urge legislators to listen to the specialty seed growers in this process. Just because they are not the biggest, most industrialized farms does not mean that they have any less value in the system. Please respect their knowledge of the plant biology, industry standards and best practices that have made this a thriving industry here in our state. In particular, we need future policy to address the issues outlined in scientific studies that threaten organic production in the Willamette Valley.

Thank you,

[your name]
[your address and town]

Support Smart Housing Policy

Governor Kotek’s 2024 housing bill, Senate Bill 1537, offers Oregon much-needed infrastructure funding and climate-smart housing incentives but it also allows cities to override long-established land use laws and processes to expand their urban growth boundaries (UGBs) by at least 75 or 150 net residential acres, depending on population size. This could lead to municipalities open to influence from developers eager to enrich themselves at the expense of our rich agricultural  lands near population centers.

Though there are many crucial components in this bill that address the existing housing crisis, advocates are stressing the need to prioritize affordable housing within the existing UGBs first and foremost. Oregon’s land use laws and the concept of Urban Growth Boundaries (UGBs) has protected valuable farmland, they argue, saying that once farmland is lost, we can't get it back. Farmland with close proximity to urban markets supports a robust local food system, benefitting urban residents who gain access to locally grown products and farmers who have ready access to a large customer base.

ACTION NEEDED: Ask your legislator to support smart housing policy by adding your name to this letter from 1000 Friends of Oregon.

Fresh Local Food for Hungry Families

Double Up Food Bucks help those who currently receive food assistance through the SNAP program to afford additional fruits and vegetables. A healthy diet is a crucial part of building a healthy lifestyle and that is why it's critical this program receives continued funding. There are federal matching dollars available, but only if legislators allocate more state dollars.

ACTION NEEDED: Message your state lawmakers today and ask them to support the $1 million funding request for this important program.

The Oregon Legislature convened for its 82nd session this week. They'll have 35 days to complete their work—by law they cannot extend the session beyond that in even-numbered years (160 days in odd-numbered years)—with several bills requiring action that will affect our food system. Some of those are:

Oregon Agricultural Heritage Fund (HB 4060). This bill is requesting $10.8M for the Oregon Agricultural Heritage Program (OAHP) for the next biennium. OAHP has four components: technical assistance, succession planning, conservation management plans, and easements. This program is crucial not only for the preservation of Oregon's farmland, but the incorporation of environmental stewardship into working lands management.

Two of those components are particularly critical:

• Conservation management plans help farmers and ranchers develop plans for the long term viability of their farm ecosystems along with a plan to pay for improvements with matched federal funds.
• Conservation easement is a vital tool to protect farmland for agricultural use in perpetuity and lower the price of farmland for the next generation of producers.  

If passed, this bill will broaden the tools available to lower land prices for people wanting to start farming or grow their existing farms; preserve farmland for production; and keep farms close to city centers. Advocates say we must take steps to preserve our high value soils and farmland permanently or we risk losing land accessible to the community food system in the future.

Willamette Valley Specialty Seed Protected District (HB 4059). This bill directs the Oregon Department of Agriculture (ODA) to study issues around the Willamette Valley Specialty Seed Protected District, and whether to allow expanded growing of canola within the district. The ODA is directed to report back with recommendations in September of 2025.

The Willamette Valley is one of the most important regions in the world for large-scale vegetable seed production. Prior to 2015, growing canola was prohibited in the Valley due to its ability to cross-pollinate with crops in the brassica family like broccoli, kale, cabbage and others, risking the livelihoods of vegetable farmers and seed producers. In 2015 a law was passed allowing a very limited amount of canola to be grown with strict rules requiring distancing from brassica growers.

In order to protect farmers and growers of vegetable seeds in the brassica family from fear of contamination or rejection of contaminated seed by national and international markets, strong protections and compliance tools must be developed. Maintaining the Willamette Valley Protected District and limiting canola production is crucial to preserving the state's specialty seed growing industry.

Housing, Land Use and UGB Expansion (SB 1537). This bill is aimed at adding much-needed affordable housing through infrastructure investment, developing climate-smart practices and instituting accountability systems. However, a dangerous loophole was added that allows for the governor to unilaterally decide to expand the current Urban Growth Boundary (UGB), sidestepping current laws and processes that limit urban sprawl, allowing it to expand into valuable agricultural land.

Though there are many crucial components that address the existing housing crisis, advocates are stressing the need to prioritize affordable housing within the existing UGBs first and foremost. Oregon’s land use laws and the concept of Urban Growth Boundaries (UGBs) has protected valuable farmland, they argue, saying that once farmland is lost, we can't get it back. Farmland with close proximity to urban markets supports a robust local food system, benefitting urban residents who gain access to locally grown products and farmers who have ready access to a large customer base.

Summer Electronic Benefit Transfer (Summer EBT). Part of Oregon Department of Human Services (ODHS) budget, this program would help nearly 300,000 Oregon children by providing additional money for families during the summer break. While this is not a bill before the legislature, legislative approval of the portion of the ODHS budget for administering half the cost of this program is required in order to unlock the federal dollars that will fund it.

An article in the Oregon Capital Chronicle quoted Jake Sunderland, spokesman for the Oregon Department of Human Services, who said, “The Oregon Food Bank reports that one in five people in the state face hunger. During the summer months, many children in families with food insecurity do not have easy access to the healthy breakfasts and lunches they get at school during the school year.”

Jacki Ward Kehrwald, spokesperson for Partners for a Hunger-Free Oregon, was quoted in the same article. "We really believe this is a no-brainer since the program expenses are all provided federally, and Oregon just needs to invest in half of the setup and administrative costs," she said.

Take action by letting your legislator know you want Oregon to reduce child hunger this summer.

Thanks to Friends of Family Farmers and Oregon Food Bank for their help with information for this post. Top photo from Friends of Family Farmers; UGB photo from Metro; photo of children from Oregon Food Bank.

Legislative maneuvering on the part of Oregon's powerful agriculture lobby has killed one bill and basically gutted another since my last Legislative Report.

The Factory Farm Moratorium bill, SB 85-1 (formerly HB 2667), suffered a setback when an amendment was proposed (SB 85-3) limiting the bill to apply only to poultry factory farms, as well as shrinking the moratorium from eight to only two years, not nearly enough time to make the necessary changes to Oregon's laws and regulations. According to one insider, "while the amendment was an attempt by the committee to offer a compromise, industrial interests will never get to neutral on a moratorium, let alone support it, [so the effort] was all in vain."

A press release from the Stand Up to Factory Farms coalition of 50 public interest groups cites problems caused by current mega-dairy operations that would be unaddressed by the proposed amendment, including:

• The 11 mega-dairy facilities operating in the state produce over 17 million kilograms of planet-warming methane every year. 
• The Lower Umatilla Basin, home to some of the largest operating and proposed mega-dairies in Oregon, suffers from depleted and degraded groundwater with widespread nitrate contamination to drinking water wells, affecting the health of area residents. 
• Forty years ago, Oregon was home to more than 4,000 dairies, mostly small, family-owned businesses. As factory dairy farms have come to dominate state milk production, just over 200 family-scale dairies remain.

Despite public hearings showing Oregonians are in favor of the moratorium by a 3-to-1 margin, the new amendment basically gutting the intent of the original bill is being promoted as a "compromise" by industrial agricultural interests in the state.

More information here.

TAKE ACTION NOW: Sign this petition to support a full moratorium on factory farms so Oregon can establish a comprehensive regulatory system to protect our health, the health of our communities and the environment.

The Canola Protected District (SB 789) bill, which would permanently place restrictions on growing canola within Willamette Valley Protected District, has passed out of committee thanks to the help of citizen action. The Willamette Valley is one of the last regions on earth suitable for large-scale brassica seed production—crops like kale, cabbage, mustard, collard greens, broccoli, cauliflower, Brussels sprouts and kohlrabi—and grows over 90% of the world's supply of many brassica seed varieties.

Canola is a low-value oil seed oil product that can cross-pollinate with brassicas, and because it is mostly a genetically modified (GMO) crop, is particularly dangerous for Oregon's organic seed industry—if organic seed is found to be contaminated from GMO crops, the whole seed crop from the farm can be destroyed, potentially putting it out of business.

The bill will now be sent to the full Senate with a "do pass" recommendation from the committee. More information here.

Raw Milk Sales (HB 2616), the bill to expand small farmers' ability to sell raw milk to the public, was killed in committee by pressure on legislators from large dairy interests, as well as a disinformation campaign targeting legislators at a public hearing regarding the safety of the product.

The bill would have expanded the venues where farms under the micro-dairy exemptions could sell raw milk, to include delivery, at farmers' markets and farm stands if they label the raw milk. The bill would also have legalized the retail sale of raw cow milk and cow milk products to retail stores including butter, cheese and ice cream.

Though the disinformation was refuted by farmers and advocates who cited an internationally accepted product standard to ensure safety, after the hearing the Oregon Department of Agriculture (ODA) issued a surprise ruling that would require farms selling raw cows' milk, most of which have three cows or less, to get a Concentrated Animal Feeding Operation certificate from the state, normally a process only required of farms with more than 200 cows. Oddly, Oregon is the only state in the nation whose regulations—and the proposed ODA ruling—only apply to raw milk from cows, not raw milk from goats or sheep. Go figure.

TAKE ACTION: Sign the petition to let legislators know safely produced raw milk should be available to Oregonians.

Oregon's 82nd Legislative Assembly convened on January 17, 2023, with a long roster of proposed legislation to work through during its 160-day session, many of those involving the food Oregonians will be putting on their tables in the future.

Three of these bills are of particular concern:

Raw Milk Sales, HB2616: Currently, Oregon has the most restrictive laws on raw milk sales of any of the Western states, including Washington, California, Idaho and Nevada. This bill would authorize sale of unpasteurized milk from small-scale farms through a delivery service or at farmers' markets or other farm-to-consumer sales locations if the milk is labeled as unpasteurized.

In a state that prides itself on having a national presence in the dairy industry, in reality our state has been losing small dairy farms by the dozens in the last few decades because of the pressure to “get big or get out.” Because of this pressure, created by artifcially low prices for factory-farmed milk and the high cost of processing in the centralized food system, many small farmers choose to produce raw milk for their immediate community.

Currently it is impossible to obtain a license to sell raw cow’s milk in Oregon. Because of the exclusion from the sanctioned licensing program—and pressure from industrial producers on insurance companies—raw cow milk producers, who are following the letter of the law with the license exemption, are being dropped from their farm insurance policies. The goal of this bill is to create more opportunity for small farmers to diversify their offerings, a pathway to licensing for farmers who want to grow their raw milk business, and to ensure that raw milk is safe and accessible to Oregonians. More information here.

TAKE ACTION: Sign the petition to expand raw milk production in Oregon.

Farm Direct Enhancements Bill, SB507: This bill would make improvements and clarifications to Oregon's Farm Direct Marketing Law that was passed almost a decade ago.

At that time, farmers, academics and food system activists came together to pass a law, sometimes lovingly called “The Pickle Bill,” allowing farmers to bring certain low-risk, value-added products like jams and jellies, pickles, lacto-fermented vegetables, dried herbs, etc., to farmers' markets and their farm stands. It opened up opportunities for small farms to differentiate themselves at the market, reduce waste, and create shelf stable products they could use to stretch their income year round when the weather doesn’t cooperate. At the time, it was one of the most progressive cottage food laws in the country.

This bill would address:

• Online Sales: Explicitly permit the online sale of products that fall under the Farm Direct Marketing Law.
• Modernizing Distribution: Allow for the contracting of a third party entity for the facilitation of a sale, marketing and/or delivery of products from the farm to the consumer.
• Additional Products: Expand products eligible for Farm Direct Exemption.
• Clarify Ingredients: Define and clarify the non-farm-grown ingredients allowed for valued-added products.
• Consignment: Expand consignment eligibility to certain value-added products.

More information here.

TAKE ACTION: Tell your legislator to support the Farm Direct Enhancements Bill.

Factory Farm Moratorium, HB 2667: This bill places a moratorium on the Oregon Department of Environmental Quality (DEQ) and State Department of Agriculture (ODA) on issuing or renewing licenses or permits to allow construction or operation of new industrial confined animal feeding operation (CAFO) or additions to existing facilities (also known as Tier 2 CAFO permits).

Oregon has fewer regulations around these facilities than California and Washington, and as a result the state is becoming a target for these types of industrial facilities—55 and counting. Placing a pause on issuing new permits will help Oregon prioritize the agricultural legacy we want for our state.

The factors that legislators and public officials must consider when licensing these facilities include:

• Land Use
• Pollution of Our Air, Water and Groundwater
• Consolidation of Crucial Infrastructure
• Water Use
• Climate Change
• Rural Economic Development

More information here.

TAKE ACTION: Send a letter to your legislator (template provided).

Thanks to Friends of Family Farmers, Food and Water Watch and Stand Up to Factory Farms Coalition for much of the information in this report.