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January 29, 2023
Hello Friends, Neighbors, and Family,
The 2024 legislative session is ONE (1!) week away! So you can imagine the mad dash I and 89 other legislators are doing to make sure all of our bills are good to go. Per the Oregon constitution, the legislature will only have 35 days to get a lot of work done. Here we go! Well starting next week anyway, on February 5th.
Okay, on to the newsletter.
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The Week In NewsHands down, the biggest story of last week, and the biggest thing the legislature will be dealing with this year, is how to handle reforming Ballot Measure 110 (M110). By now you all know that this voter-approved measure decriminalized small amounts of certain street drugs while allocating tax revenue from the sale of cannabis to new addictions services. We started on this approach back in November of 2020. Since then, Oregon (and the rest of the country) have been rocked by a nationwide influx of fentanyl and P2P methamphetamine. The crisis has spilled into our streets, resulting in a lot of public drug use, particularly in downtown Portland mostly due to the homelessness and tent camping as a result.
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Let’s call this the first draft of the bill. I am going to go into quite a bit of detail as this thing will dominate the session and I am on the committee dealing with it most directly.
As Senator Kate Lieber is quoted saying in the Oregonian article above, “The drug crisis in Oregon right now is unacceptable… We cannot go back to the failed war on drugs. However, we’ve got people dying of overdoses in the street. We need to develop a plan that urgently expands access to treatment.” I think she hit the nail on the head. I can remember at the end of the very first meeting of the Joint Committee on Addiction and Community Safety Response (JCASCR, the committee tasked with making changes to M110), when she said we are out of time to deal with this. Many of my constituents have expressed a similar urgency. Adding to this urgency, frankly, is the potential for a very well-funded ballot measure led by former prisons chief Max Williams and other wealthy Oregonians to (more or less) overturn M110.
While this potential ballot measure is not the sole reason by any stretch that the legislature is evaluating and potentially changing aspects of BM 110, it looms large over this process.
HB 4002 is broken down into two components: behavioral health and public safety.
On the behavioral health side of things, there’s a whole lot of small (but mighty!) technical fixes that make it easier for our behavioral system to help people struggling with substance use disorder. Specifically, HB 4002 calls for suspending prior authorization for prescriptions to treat substance use disorder (SUD), prohibiting long term care and residential facilities from discriminating against people seeking treatment for SUD, reimbursing health insurance plans for the cost of prescribing medications to treat SUD, expanding access to care for SUD through Oregon’s CCOs, directing the Alcohol and Drug Policy commission deliver recommendations on access to youth care, and lastly, establishing certified behavioral health clinics through the Oregon Health Authority.
Like I said, these are all wonky changes to the behavioral system. They might not see like much now, but health care in America is complicated. Since we do not have a uniform, single-payer system, or even some kind of centralization, there are a lot of stones to overturn. That is why the scope of behavioral health proposals in HB 4002 touches on such a mixed bag of healthcare topics.
I am most excited about the behavioral health clinics OHA is overseeing. This is a real chance for the State to expand this successful model of delivering behavioral health services.
Okay, the public safety components are obviously a lot more controversial. HB 4002 includes changes to Oregon’s statutes which modify the definition of delivery of a controlled substance to include possession with intent to sell, imposes stricter penalties on people selling narcotics within 500 of a school or homeless shelter, more tracking on reporting so we can monitor any potential increase in racial bias, funding for IMPACTS grants, and expands welfare holds from 48 hours to 72 hours.
And most notably, HB 4002 increases the penalty of possessing meth, heroin, cocaine, and MDMA from a Class E violation to a Class C misdemeanor.
Class C misdemeanors carry penalties of up to 30 days in county jail and/or fines up to $1250. Defendants charged with possession can have their charges waived by either participating in a deflection program (which involves getting connected to services and having a consultation) OR if no deflection program is offered in the first place. As a side note there are also Class B and Class A misdemeanors, which allow for longer jail sentences and greater fine amounts. I mention this because I am pretty sure there will be calls to consider drug possession penalties at the B and A level.
The proposal in HB 4002 drew widespread criticism from both ends of the political spectrum. On the one hand, people like Latino Network’s Mercedes Elizalde call it “enormously tragic.” Meanwhile, Marion County District Attorney says HB 4002 “really doesn’t do any good.” The back and forth between activists fighting for alternatives to the war on drugs and those seeking to undo M110 goes on, but I will leave it up to you to read more quotes from those divergent parties.
The big question is who’s right? For me, the answer lies somewhere in the middle, and that middle path that none of the advocates are happy with is laid out in HB 4002. The evidence that incarceration leads to recovery is sorely lacking. Moreover, the voters passed M110 with 58%. By comparison, President Joe Biden and Senator Jeff Merkley each carried Oregon with 56% of the vote, and local statewide elected officials won by even smaller margins in the same election. Yes, M110 polls pretty badly now, but a poll is a snapshot in time while the actual election in 2020 showed the measure’s initial popular support. The popular will of Oregon voters should not be ignored, and I continue to support this approach to addiction.
Still, it is clear that some changes need to be made because a lot of people are upset about public drug use in light of our state’s homelessness situation. And not addressing some aspect of that issue will bring a ballot measure that will make too many changes to the public health approach to addiction that I and a lot of others support. The balancing act is between addressing possession without totally undermining the will of the voters and returning to the war on drugs approach of arresting people who are struggling with their addiction so publicly. I believe this approach will make an immediate impact in our communities through empowering law enforcement to confiscate drugs and improving access to behavioral health services. Making possession a Class C misdemeanor will create accountability for people struggling with substance use disorder, while local and state governments will be held to account by increasing access to care. We’re expanding treatment and putting the onus on healing our communities directly on local and state governments.
Here are my last two thoughts on HB 4002 for now. For starters, this process involved stakeholders who deal with all aspects of Oregon’s addiction crisis. We heard from law enforcement, treatment providers, and many, MANY other subject matter experts. On top of that, Republicans and Democrats both sit on the JCACSR. Republican lawmakers have been invited to participate in crafting a solution since day one. This is important, because Oregon’s addiction crisis isn’t a Democratic Party problem, and it is not just a Portland problem.
Lastly, this discussion is far from over. As always, I will wait till the final bill with all amendments are considered before I make a final decision on how to vote. I am generally satisfied with the approach for now. Keep in mind that, unlike most legislative committees, the JCASCR doesn’t have to abide by the usual session deadlines. We could be debating this bill in committee right up to the last day of the 2024 session. As I like to say, stay tuned.
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Per usual, I had lots of meetings last week with people sharing some of their final thoughts with me about upcoming bills, constituents, and even a couple of unions.
On Monday, I spent the entire day in Salem at a symposium examining Ballot Measure 110 from an academic perspective. The four panels were: Overdose Mortality, Substance Use Disorder Services, Housing, Harm Reduction, and Family Services, and Law Enforcement. Nearly everyone who presented had very high levels of education, and every presentation was filled with enough statistics to make your head spin. (This isn’t to say the data went over my head, just that there was a lot of information). It was clear that Oregon’s experiment was a big opportunity from a research perspective to see how decriminalization would play out.
There are two key things that stood out to me. First, a lot of researchers noted that M110 is still too young (young meaning it only really got going operationally in 2023) to have enough data to answer some big questions we’re facing. For instance, there isn’t exactly enough data to see if M110 itself resulted in a spike in drug use, especially given that a lot of users surveyed did not even know about M110 in the first place.
Second, and this is something I am still grappling with, the largest gap in Oregon’s social safety net is supportive housing for people struggling with substance use disorder. Yes, there are inpatient rehab facilities (usually only housing 30-day programs) and detox centers for people in their early days of recovery. And there is some availability of Section 8 and other low-income housing for people trying to get back on their feet. But the problem really lies between these two services. Where are you supposed to go if you just got out of rehab and still need support with your sobriety while you are recovering from an intense addiction to hard drugs? To me, this gap is a large driver of why people relapse or fall back into homelessness. I plan on looking into this more after the 2024 session.
On Tuesday morning, I attended the City of Portland’s legislative breakfast, where city officials unveiled their policy preferences for the upcoming 2024 legislative session. As promised, just like other kinds of breakfasts like this, I am reporting out my observations.
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The City’s legislative agenda is broken into five parts: Community Safety and Behavioral Health, Housing and Homelessness, Economic Recovery and Development, Environmental Justice, Climate, and Infrastructure, and Local Funding Authority. I do not have the space here to list out every concept, but here are the big ones:
The City wants some control over regulating public use. The City is advocating for investments in housing (including funding to convert office spaces for residential use), and funding for Temporary Alternative Shelter Sites (TASS). The City is supporting “right to repair,” which deals with a consumer’s ability to get their electronics repaired by someone other than the company who manufactures the product (in other words, you should be able to get your iPhone fixed by someone besides people who work directly for Apple).
I am also thrilled that the City has listed funding for the arts and culture sector as one of their legislative priorities! It is great to know that I can count on the City of Portland as a partner in my efforts to get more funding for arts and culture venues. I will be talking A LOT more about this topic as my bill, HB 4124, advances through the legislative process.
Like I have said before, I usually do not try to dictate to local governments what I think they should be doing or lifting up. And this is no exception. The City’s state government relations team experienced quite a bit of turnover during the last couple of years. Now that the City’s GR team is settled (including with one of my former staffers!), I am excited about all that they are going to get done for our community.
Later that evening, I toured the Artist Mentorship Program’s office on NW Broadway. AMP is a local nonprofit that helps homeless youth by connecting them to people in the arts and culture space who can act as mentors. They also help homeless youth find housing and other services. You can check them out at their website.
Going on almost three decades now, AMP has supported thousands of young people to grow as artists and musicians despite the challenges they face dealing with homelessness.
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There is a picture of me playing America’s Horse with No Name with a young person at AMP's drop in center. This is truly a beautiful thing that happens in Portland, and I was honored to be invited to tour their facility. They also need some help figuring out how to cover the cost of the space they are renting. More to come on that too.
The CATT has been in development for a number of years, as County officials worked to find funding and planned how the center would operate. The CATT will be a 24/7 dropoff facility for people in various stages of their journey to sobriety. There will be space for people to sober up after they may be dropped off by police, for instance. After their initial stint, a patient could go to the 16-bed medical detoxification wing. Then, patients can stay in the 45 to 60 day residential treatment program, which will have 24 beds. The center will be operated by CODA Inc., which is a large non-profit substance use treatment provider. The CEO of CODA, Alison Noice, said the treatment facility is not “a spin dry. You don’t go to residential treatment and come out done… It’s about building a foundation and making connections. It’s establishing skills and building a safety net.” This 86-bed facility is exactly what Oregon needs right now. The folks who are working on this also took the opportunity to ask the legislators that were there to provide some of the funding that it needs to get built.
The last cool thing I got to do this week was attend a lunch hosted by Congresswoman Suzanne Bonamici to go over the Arts and Economic Prosperity Study. The AEP study examines the economic impact the arts have, and measures employment data for arts and culture venues, and spending both by venues and by people who go to see shows. The lunch was held at Milagro Theater (525 SE Stark St), and the group got to go on a tour led by Executive Artistic Director José González before lunch.
Here’s a few pictures my staff and I snagged:
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I also had a chance to share my thoughts, as did Congresswoman Bonamici.
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It’s not just that it’s fun to go see a show. Arts and cultural venues really are tremendous drivers of economic activity. In total, the sector generated $829 million in economic activity in 2022. Almost $500 million of that spending is by the arts and culture venues. Remember, these spaces are businesses and nonprofits that employ people, promote our community, and engage in other normal business practices. For instance, whenever a venue wants to promote a show, that means they are also paying someone to do graphic design work to develop promotional materials. All those little things add up to the eye-popping sum of $500 million in spending.
The other $300 million is generated by the audiences. If you can read the slide Brian Rogers, the Executive Director of the Oregon Arts Commission is sharing, the slide notes that average spending per local audience member is $39. On a related slide, the average spending per non-local audience member (in other words, someone who traveled to see the show) is $77! This is spending on top of the cost of a ticket. Audiences are not just seeing a show. They’re also going out to eat, shopping, and enjoying the community when they see a show. Again, all those little things add up to a massive amount of money.
One last piece of data that is really important to highlight is that over 80% of survey participants noted that arts and cultural venue spaces are a part of their community identity, and that it’s important to maintain those spaces for future generations. I have long said that the arts are how we experience each other as humans. With venues in such a precarious situation right now, the legislature needs to step up and save this sector. And yes, this was another chance for me to stump for HB 4124.
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This week is JAM PACKED with all the meetings I can fit in before I’m hunkered down in Salem for five weeks. As such, I am unfortunately not doing as many fun things like touring facilities and advocating for the arts with a Congresswoman. And while I am not sharing the details about them now, I promise the results of these meetings will be felt during the legislative session, which I will be doing a lot of sharing about.
Here are a few noteworthy things coming up this week:
On Tuesday evening I am attending Portland Community College’s legislative reception, where, like the City of Portland, I will hear about the college’s legislative priorities.
On Wednesday I am participating in the Oregon Health Forum’s legislative preview, where I will be sharing the details of upcoming bills in the 2024 legislative session. The cost of watching/viewing as it is on Zoom is only $10.00 and helps underwrite local journalism about all things health care. You can click here to attend.
On Thursday I am getting breakfast at the Oregon Zoo which is run by Metro to, as you might guess, check in with Metro about their legislative priorities.
And on Friday, I am honored that Oregon’s own Chief Justice of the Oregon Supreme Court Meagan Flynn is taking the time to have some coffee with me at Oui Presse, which a lot of you know is one of my favorite coffee shops.
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| Highlighting Local Businesses
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I mentioned that I attended a meeting with Congresswoman Bonamici and several other arts leaders at the Milago Theater. This is such a great theater, and a darn lovely performance space located in the heart of one of the business areas in my district here in SE Portland. Seriously, Milagro is like a block east of Grand Ave. If you have never had the chance to see a play put on at the theater check out their schedule in the link and plan on seeing one of their shows!
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Thanks again for taking the time to read this newsletter. I know this one ran a bit long, but as you can tell I am clearly grappling with a lot. Next week when you get this it will be the start of the legislative session. I will be spending a few nights in Salem in February due to the fact that EVERY Monday, Tuesday, and Wednesday I have a committee that starts at 5 pm and goes till at least 7 pm. I will include a link to my SE Examiner Column which will talk about the two big topics of the session: BM 110 and housing production and zoning.
Thanks again for reading!
Representative Rob Nosse
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Friends of Rob Nosse PO BOX 42307 | Portland, OR 97242 US
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