Category Archives: Megan Davis

Surprise! The Marine Reserves Bill is Back for Round Two

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Hello everyone!

Just like the marine reserves bill, I’m back in Salem for the 2024 session.

This time around, things are going to be a little different. Though the Legislature convenes every year, on odd-numbered years we hold a “long session” that lasts about five months while on even-numbered years there’s a “short session” that only lasts about five weeks. Last session, I wrote a blog post that used the journey of the marine reserves bill (then HB 2903) to provide a high-level overview of the legislative process. Seeing as we just entered the abbreviated short session, this seemed like the perfect opportunity to continue to use the marine reserves bill (now HB 4132) to do a rapid-fire deep dive into the legislative process. Since I’ve covered it before, I’m not going to rehash what this bill is about and why it’s so important in this post, but if you want to dig into that check out my first blog post here.

Picture of the State Capitol Building in Salem Oregon
State Capitol Building in Salem, Oregon; Credit: RG – stock.adobe.com

Here’s the plan: each week I’m going to focus on a different step in the legislative process – from policy development to a signature from the Governor (fingers crossed the bill makes it that far). In this post, I’m going to cover everything that went into preparing this bill for the 2024 session during the five-month session interim. Let’s get into it!

July – September: The session interim is a time for brainstorming and policy development. First things first, you need an idea. These ideas can come from anywhere, from legislators to staff to advocates to constituents. Once you have an idea, you need to translate it into a bill draft. Typically, this involves forming a working group of advocates, experts, people with lived experience, and other legislators and staff. In our case, a lot of the policy development was informed by conversations with individuals at conservation organizations like the Oregon chapters of Surfrider, Oceana, and the Nature Conservancy as well as community-based organizations affiliated with each of the marine reserves.

Since this working group was formed prior to session last year, we entered the session interim ready to hit the ground running. The moment the 2023 session ended the group began dissecting why the bill didn’t pass and what issues needed to be addressed to set us up for success in 2024. Since our bill relates to a program within the Oregon Department of Fish and Wildlife (ODFW), we also spent time communicating with ODFW leadership and staff to nail down exactly what resources were needed to address the proposed mandates. After all these conversations, we arrived at the conclusion that the best path forward was to run the exact same bill as last session.

October – November: Once October hit, it was time to start working with Legislative Council (LC). LC is essentially the legislature’s law firm, responsible for drafting every measure and amendment you see during the session. It’s typically the goal to have your bill introduced on the first day of session. In that case, there are several presession deadlines you need to be aware of, one of which is the LC draft request deadline. This deadline typically falls in September for the long session and November for the short session. The moral of the story here is, if you want to work with a legislator on a policy concept, start doing so early. Once these deadlines have passed, especially during the short session, there’s not a lot your legislator can do to address your request until the following session.

Lucky for us, working with LC was a painless process, largely because we were recycling language from the previous session. In no time, LC provided us with a legislative concept (confusingly also abbreviated as LC), which is essentially a formal bill draft with a number and everything.

December: In December, our working group kicked things into high gear, developing outreach materials and lobbying tools designed to build a broad coalition of support for the marine reserves bill. Representative Gomberg’s office also began having conversations with the Chair of the committee our bill would likely be assigned to: the House Committee on Agriculture, Land Use, Natural Resources, and Water. Though each of these steps are always important, the former is particularly critical during the long session when there is more time to drum up support while the latter is crucial when entering a short session when you need the Committee to schedule your bill for a public hearing during the first week of session.

January: Once you have your legislative concept and additional communication materials on your bill, it’s time to start looking for Sponsors. Over the month of January, we were able to drum up support on both sides of the aisle and across the House and the Senate. The goal is to bring on Sponsors who can act as champions for your bill in relevant Committees and in the opposite Chamber (in this case, the Senate). During session, members can only sign on to a bill as a Sponsor when it’s in their Chamber. Therefore, it’s important to get these kinds of Sponsors prior to the start of session so you know that you have someone prepared to guide your bill through the legislative process when it moves to the opposite Chamber.

Once you’ve gathered your Sponsors, all that’s left to do is file your bill with the Chief Clerk’s Office before the pre-session deadline. Oh, and then you have to do everything else required during session to get your bill over the finish line, but one step at a time. In my next post I’ll cover the first week of the 2024 session and do a deep dive into the public hearing process. If you want to stay up to date with the movement of HB 4132 through the legislative process in real-time, check out the bill’s OLIS page and click “e-Subscribe” in the top right corner (photo below). This is a great way to stay up to date with this bill and any others of interest to you during session.

Picture of the OLIS webpage with the link to e-subscribe to a bill.

Well, for anyone who made it this far, thanks for reading! I’ll check back in next week.

An Update on Oregon’s Marine Reserves

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Hello everyone!

As promised, I’m back with an update on HB 2903 and Oregon’s marine reserves. Buckle your seatbelt because you are in for a bumpy ride.

Back when I left you in April, everything was full steam ahead. HB 2903 had passed unanimously out of its first House committee and was sitting in the Joint Committee on Ways and Means awaiting the announcement of the state revenue forecast. To give you some context as to what that means, here is some background on the legislative process.

When a bill is created, it can be introduced in either chamber: the Senate or the House. In this case, the bill got its start in the House. Its first stop is the House floor where the bill will be read before the Chamber and referred to a policy committee for further discussion. In this case, HB 2903 was referred to the House Committee on Agriculture, Land Use, Natural Resources, and Water. Once a bill reaches committee, it needs to be scheduled for a public hearing, during which individuals may provide public testimony in reference to the bill and its objectives. Following the public hearing, the bill must be scheduled for a work session where a committee can act on a bill (e.g., make amendments or take a vote).

At this point, the committee can vote on the bill and, often, the bill will move back to the Chamber for a full vote. However, if a bill has a fiscal ask, as was the case with HB 2903, it has one more stop before it can be called for a vote on the floor: the Joint Committee on Ways and Means. There are some internal processes that go on once the bill reaches Ways and Means that we do not need to get into here. What is important is, if the bill makes its way out of its Ways and Means work session with a “do pass” recommendation, then it is ready to be put to a vote on the floor.

Once a bill successfully makes its way out of the first Chamber it then makes its way to the second, in this case, HB 2903 would have gone on to the Senate. There the bill will be read, make a procedural pitstop in Ways and Means, and then come back to the second Chamber floor for a vote. Assuming the bill withstands all of that, it will finally be passed on to the Governor to be signed into law.

A diagram of the legislative process describing a bill's movement from it's first reading until eventually being signed into law.
Diagram of the legislative process.

As you have probably gathered, HB 2903 did not make it that far.

The session took a sudden turn when Senate Republicans walked out on May 3rd (I’m not going to dig into it in this blog, but if you want to read more about it, you can do so here and here). In the state of Oregon, the Senate chamber must achieve a 2/3 quorum in order to vote on bills. Therefore, by walking out, Senate Republicans were able to effectively pause all bill movement in the Senate even though the Democratic party held the majority.

By the end of May, there was no sign of the Senate reaching quorum and HB 2903 was trapped in Ways and Means with nowhere to go. It was time to search for other avenues.

On top of policy bills like HB 2903, there are also bills that handle agency budgets. Passing these budgetary bills is one of the most important tasks for the State legislature. While policy bills will just die if they don’t pass during the regular session, budgetary bills must pass, and a special session will be called if the legislature cannot do so during the regular session. Therefore, Representative Gomberg, the Chair of the Coastal Caucus, got in contact with the Co-Chairs of Ways and Means and requested that the fiscal component of HB 2903 be included in HB 5509, which appropriates money from the General Fund to ODFW for a period of two years.

We knew this ask was going to be tough. Each session, the Governor’s office releases a recommended budget, which is essentially a proposal based on state revenue forecasts on how state funds should be allocated. The Governor’s office then negotiates with various parties, including legislative leaders and members of the Joint Committee on Ways and Means to generate a budget that will be voted on at the end of the session. When Governor Kotek released her recommended budget back in January, funds were looking tight, and many agencies were preparing to make cuts to afford for reduced revenues. One of those cuts was the Community Project Leader position within ODFW’s Marine Reserves program. So, the Caucus wasn’t just advocating for new funding, they were also working against a proposed cut.

On the one hand, this cut made sense: the position related to the cut had been vacant for three years. However, advocates and the Coastal Caucus argued the story around this vacancy was more complex and in part the result of two failed recruitments and a hiring freeze during the pandemic. It was the position of the Coastal Caucus that this context made the situation unique from other prolonged vacancies and that to permanently lose this position would be to permanently sever a critical connection point between coastal communities and marine reserves.

At this point, we had one last option: to advocate for the inclusion of HB 2903 and funding for cut position in the end of session budget reconciliation bill. This bill tends to be comprised of several smaller, often unrelated policies or amendments. Its tendency to have a little something for everyone gave this bill its nickname: the Christmas Tree Bill.

Around that time, the Senate returned to the floor, wrapping up the longest walkout in state history and leaving ten days to move all the remaining bills through the Senate. Now the marine reserves bill was not unpopular. In fact, it was extremely non-controversial and had a lot of community support. However, in the flurry of legislative action that followed the Senate’s return, funding for the marine reserves bill never materialized. It is unclear if under different circumstances marine reserves funding would have been given higher priority, but the pace of the final week of session certainly posed a challenge for legislators trying to negotiate for last-minute additions in the budgeting process.

I guess if I were to sum up the major lesson from this process, it would be **** happens. You can craft a bill to sail through the legislative process and a storm can come out of nowhere and sink it. In the end, it wasn’t anyone’s fault, it wasn’t because we didn’t try hard enough, there were just so many incredibly important priorities this session and ours didn’t make the cut. And that doesn’t mean the journey is over. The Coastal Caucus is still very much committed to Oregon’s Marine Reserves Program and is actively strategizing for the coming short session. I’ve learned so much from this experience and I can’t wait to see how the next iteration of this work will turn out.

A photo of a woman and two Senators speaking on the Senate floor.
This is unrelated to marine reserves, but please enjoy this photo of me looking very professional on the Senate floor.

Inking Science into Policy

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Hello everyone!

I will start off with an introduction. My name is Megan Davis, and I am a second year Ph.D. student in the Menge Lubchenco Lab at Oregon State University. I am broadly interested in the science-policy interface as it relates to the ways in which humans use marine space, from marine protection to energy production to aquaculture. For the past few months, I have had the incredible opportunity to witness how science informs policy (and vice versa) at the state level as the 2022-2023 Oregon Sea Grant Legislative Fellow, working with the Coastal Caucus.

How I spend my time when I’m not in Salem.
Credit: Delaney Chabot

For those of you who have not interacted with this group before, the Coastal Caucus is a bipartisan, bicameral group of legislators that represent the Oregon coast. To put it a bit more plainly (because I certainly did not know what bicameral meant when I first applied for this position), that means that this group is composed of members from both parties from both the Senate and the House. This session, the Coastal Caucus is chaired by Representative David Gomberg (D, House District 10). The Caucus also consists of its Vice Chair, Senator Dick Anderson (R, Senate District 5), as well as Senator Brock Smith (R, Senate District 1), Senator Suzanne Weber (R, Senate District 16), Representative Boomer Wright (R, House District 9), Representative Cyrus Javadi (R, House District 32), and Representative Court Boice (R, House District 1). As the Oregon Sea Grant Legislative Fellow, I provide technical expertise on marine and coastal issues to the Caucus members and act as a resource for communication with coastal constituents and key stakeholder groups.

Together, the Coastal Caucus forms a powerful coalition that collectively ensures that marine and coastal issues receive adequate attention at the State level. Much of the strength of this group is derived from the bipartisan nature of the Caucus. When all these legislators come together to support an issue, it signals that it has broad support along the coast and, often, across Oregon. This is the case with Oregon’s marine reserves. This session, the Coastal Caucus put forth HB 2903, which is a fantastic example of how science can be harnessed to inform policy. This past week, I had the pleasure of joining Representative Gomberg and Charlie Plybon (a fixture in Oregon’s marine reserves community) to speak to this bill at the Marine Reserves Celebratory Summit (hosted by The Nature Conservancy and facilitated by Sea & Shore Solutions). I would like to share with you what we discussed at the Summit.

In 2012, Oregon completed the planning and designation of five marine reserves: Cape Falcon, Cascade Head, Otter Rock, Cape Perpetua, and Redfish Rocks. The implementation and management of these reserves is led by the Oregon Department of Fish and Wildlife (ODFW) based on standards established in HB 3013 (2009), SB 1510 (2012), and related administrative rules. As the state’s first long-term, nearshore ocean conservation and monitoring program, Oregon’s marine reserves system has been instrumental in tracking and understanding how our marine ecosystems are changing over time, informing policy and management decisions at the state level. It also represents the first comprehensive human dimensions research program focused on examining the economic, social, and cultural dynamics of the Oregon coast and coastal communities.

On top of establishing the reserves, SB 1510 required that an internal (ODFW) and external (Oregon State University) decadal assessment of the marine reserves be carried out in 2022. These rigorous scientific assessments resulted in a series of legislative and administrative recommendations:

  1. that appropriate funds be allocated to ODFW to continue the Marine Reserves program at the necessary capacity;
  2. that a mandate that supports the development of an Adaptive Management Plan for the ongoing management and evaluation of the program be provided; and
  3. that a detailed, collaborative process through which social monitoring data can be interpreted to affect policy decisions be defined.

For an extra layer of legitimacy, these recommendations were then endorsed by the Ocean Policy Advisory Council, the original stakeholder and government policy forum for marine reserves and protected areas in the State of Oregon. Those recommendations were then presented to the Coastal Caucus, who built HB 2903 around them. To paraphrase Charlie Plybon, that’s not just incorporating science into policy, that’s inking science into policy.

So where is HB 2903 now? The bill made its way out of its first Committee (the House Committee on Agriculture, Land Use, Natural Resources, and Water) and now sits in the Joint Committee on Ways and Means, which is essentially that State’s budgetary committee. Once the State’s revenue forecast is released in mid-May, the Joint Committee on Ways and Means will determine how funds will be distributed to bills with associated fiscal asks, like HB 2903. Available funds are anticipated to be a bit tight this session, but the Coastal Caucus has put their full weight behind this bill, even making HB 2903 one of their priority fiscal asks for this session.

I have been so inspired by the legislators working to take this science-based policy from bill to law, and by all of the scientists, decisionmakers, and advocates who have put in over a decade of work to make Oregon’s Marine Reserves Program the success it is today. I’m excited to continue to work on this topic, both in the context of my fellowship and my dissertation. I will be checking back in (hopefully with an HB 2903 update) at the end of June!

The view from the Marine Reserves Celebratory Summit
Credit: Duncan Berry