Oregon Senate Bill 1189 accelerates sewer project funding for Gates and Mill City recovery

The House Committee on Agriculture, Land Use, Natural Resources, and Water convened on April 16, 2025, to discuss critical legislative matters, particularly focusing on Senate Bill 1189, which addresses urgent infrastructure needs in Marion County following the devastating wildfires of 2020.

The meeting began with Senator representing rural Clackamas, Marion, and Lynn Counties expressing gratitude towards the governor and the Department of Environmental Quality (DEQ) for their support in navigating regulatory challenges. The senator highlighted the complexities arising from the "three basin rule," which restricts the installation of sewer systems in areas adjacent to the McKenzie, Clackamas, and North Santiam rivers. This regulation became particularly problematic for the city of Gates, which is seeking to develop its infrastructure post-wildfire.

The senator explained that following the destruction of Lahaina, Hawaii, the Environmental Protection Agency (EPA) mandated that cities completely destroyed must implement sewer systems, creating a conflict with existing DEQ regulations. Despite having $50 million in American Rescue Plan Act (ARPA) funds allocated for this purpose, Marion County faced delays due to the lengthy rulemaking process at DEQ.

Commissioner Kevin Cameron of Marion County reiterated the urgency of the situation, emphasizing that the bill includes an emergency clause to expedite the construction of the sewer system. He noted that the county had already initiated planning for the sewer system prior to the wildfires, but the recent Supreme Court ruling known as the Maui decision complicated the permitting process. This ruling requires a national water permit for any ground discharge near bodies of water, which the three basin rule prohibits.

Cameron stated that the bill would allow construction to commence immediately upon the governor's signature, enabling the county to meet ARPA guidelines and complete the project by the end of 2026. He expressed confidence that a rule change with DEQ would be finalized by April of the following year, allowing for testing and completion of the system by February.

The committee members were urged to prioritize the bill, as it is crucial for the recovery efforts in the canyon area. The meeting concluded with an invitation for technical questions from project managers, ensuring that all aspects of the proposed infrastructure improvements were thoroughly addressed.

Overall, the discussions underscored the pressing need for legislative action to facilitate recovery and infrastructure development in Marion County, highlighting the interplay between federal regulations and local needs in the aftermath of natural disasters.