Update on HB 2882: First off, a huge, heartfelt THANK YOU to all of you who showed up and submitted testimony for the GE Liability Bill last Wednesday. It is appreciated and is helping to keep up the momentum on this bill.

And HB 2882 is still alive. However, in order to maintain forward momentum, the bill’s original intent was amended. It is simply not politically feasible to create patent holder or manufacturer liability for genetically engineered (GE) contamination events. Yet. The new intent of HB 2882 is to grant ODA the authority to regulate GE crops in Oregon. This is a positive step forward, as ODA has long claimed that the agency does not have this authority. While many may be disappointed that a bigger step is not being taken, HB 2882 is farther along in the legislative process than ever before.

The GE industry still has incredible political power and it should be considered a win that an incremental step is being made. However, we’re not across the finish line yet. The hearing for HB 2882 will resume on Monday May 13th at 3pm in Hearing Room C. It is our hope that a work session will follow and the bill will be voted out of committee.

Please stay tuned for updates, which hopefully will include doing outreach to the next committee where HB 2882 lands. And you can still submit testimony up until 3pm tomorrow.

Farmers, seed savers and those who care about the future of Oregon’s seed stocks, take note! HB 2882, the GE Liability Bill is moving forward thanks to the work of all of our coalition partners, especially Our Family Farms. There is a hearing and possible work session scheduled for this Wednesday, May 8^th at 3pm in Hearing Room C before the House Rules Committee.

Having a hearing and a work session is a big step forward and we need to keep up the momentum by having the public testify or submit testimony.

If you can come testify THIS WEDNESDAY, please contact our Policy Director, Amy Wong at [email protected] or (805) 455 4200. We have a small travel fund to bring farmers to Salem but we will need to coordinate quickly. Amy can also help you create personalized testimony if you like. In-person testimony is powerful and moving.

If you can’t testify in person, please consider submitting written testimony. We have provided a template and instructions on how to submit on our website. Please also send a message to your Representative and Senator to tell them that you support HB 2882. Find who represents you here.

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Before the session started, Cultivate Oregon and our coalition partners were able to find sponsors in both the House and Senate for identical GE Liability Bills, an updated version of the bill that first was introduced in 2017. Having identical bills in both chambers is a safety mechanism—if the bill doesn’t move on one side, it hopefully will move on the other side, which is the case this year. While we initially thought the Senate version would have more support, it actually was the House version, HB 2882, which made it past the April 9^th deadline and is currently being worked on. It is not a bad thing per se that the Senate version SB 434 is “dead.”

HB 2882 was scheduled for a perfunctory Work Session on April 3^rd and the bill was moved from the Judiciary Committee to the Rules Committee. This alone should be considered a win because the legislature is overwhelmed with thousands of bills and many pieces of legislation don’t make it past the deadline, regardless of the merits. The Speaker of the House helped move the bill forward and we are appreciative of the Speaker’s support. Rep. Holvey, a longtime champion of GE issues, is the Chair of the Rules Committee and is willing to schedule a hearing when the bill is ready.

What's a work session? A Work Session is different from a public hearing in that no testimony is taken from the public, unless invited, although the public may attend the work session.

Is the bill moving? We are fortunate that the democratic leadership, and some key Senators, recognize the need for something to be done about GE contamination in Oregon. That said, opposition forces have peppered the legislature with many concerns about the bill. For example, that holding patent holders and manufacturers liable for GE contamination will have a chilling effect on business in Oregon; that GE contamination isn’t a problem in Oregon; that other legal remedies exist; that this is an issue that should be managed solely through “farmer to farmer” handshakes; and that there could be negative, unintended legal consequences. We don’t agree with these concerns and are working hard to counter them in both chambers. In the meantime, Speaker Kotek has asked Rep. Wilde to work with the coalition to address these concerns and come up with a version of the bill that can garner broad support. We are hoping that we can find a way forward that still puts liability on the chemical corporations behind GE technology. This is the first time that we have had an ally in the legislature directly working with us so it is a big step forward and Rep. Wilde has been engaging and genuinely open to learning more about this topic.  

What exactly happened to SB 434? We were assured from our Chief Senate sponsor, Sen. Frederick, that the Chair of the Senate Judiciary Committee, Sen. Prozanski, would schedule a hearing. Sen. Prozanski even signed onto the bill and has long been a supporter of GE issues. However, Sen. Prozanski became concerned that there is not a sufficient legal nexus between GE contamination and manufacturers or patent holders. While this is disappointing, Sen. Prozanski committed to holding an Informational Hearing followed by a Work Group because he does see the need to “draw a line in the sand” with GE issues but wants to make sure that he does so in a way that he is comfortable with. Our Chief Sponsor in the Senate has gotten pieces of legislation out of Work Groups before, so ultimately, this is also a step in the right direction and could allow for our voices to be heard in a less-rushed environment, as well as for a group of allies to convene to further push the issue. We will balance continuing to work on the House version while simultaneously addressing potential future solutions with Sen. Prozanski in the Senate.

It often takes multiple tries to get legislation passed, so while some of you may be feeling disappointed, we making progress and the House bill is still moving! We also found new Republican allies this session. Rep. Findley and Rep. Stark are supportive and we hope to find more bipartisan buy in. We also are working with an exciting new coalition partner, Oregon Organic Coalition, and through this relationship, we will be attending quarterly meetings at ODA. These are really great developments. 

What exactly does the bill do? HB 2882 will create a cause of action for liability against patent holders or licensed manufacturers for GE contamination events in Oregon. The bill will not pit farmer against farmer. The parties that will be held responsible are the corporations behind genetic engineering, not the farmers who use them since in some instances, contamination is out of the hands of the farmer who planted the seed or cannot be attributed to any one farm. GE contamination, and the threat of contamination, costs farmers--including Oregon farmers--billions of dollars. It is time to level the playing field and hold the corporations behind the technology that is responsible for this contamination accountable. Learn more about HB 2882 on our website.

What you can do: Please do make sure to contact your legislators and tell them that you are concerned about GE contamination in Oregon and increased canola acreage in the Willamette Valley and want protections for our specialty seeds. You can find your representatives here. Also, if you haven’t done so already, fill out our support form and let us know if you are able to write testimony or testify in person once a hearing is scheduled. Sometimes we don't get much notice so it's helpful to have a list of supporters on hand. Please also continue to share information about HB 2882 on social media, and learn as much as you can about GE contamination events in Oregon and the risks they pose to farmers and our specialty seed industry.

What About Canola? As for the limit on 500 acres of canola allowed in the Willamette Valley that will sunset in July, SB 885 will keep the status quo in place and was voted out of committee in early April. 

We thought that the bill was going to go directly to the Senate Floor, but at the very last minute ODA attached a cost to the legislation which means that it had to be referred to the Ways and Means Committee to ensure that there is room in the budget for the bill. Senate Dembrow, the sponsor, said that he is confident that the bill will get out of Ways and Means and head to the Senate floor for a vote. ODA is also still convening meetings with the Canola Rules Advisory Committee (RAC) to work on an agency-led solution instead of a legislative mandate. We are attending the RAC meetings and tracking this issue closely. 

Photo by Raquel Pedrotti on Unsplash

Update on GE Liability Bill: HB 2882 has been scheduled for a Work Session at 1pm on April 3rd. This alone is a big win because the legislature is overwhelmed with thousands of bills and many pieces of legislation don’t make it though, regardless of their underlying merits. The Speaker of the House helped ensure the forward movement of the bill and we are appreciative of her support.

What will happen at the work session? This work session is different from a public hearing in that no testimony will be taken, although the public may attend if they like. The purpose of this work session is to simply move the bill from the Judiciary Committee to the Rules Committee where it will (hopefully) get a full hearing. That's where you come in!

What you can do: Please do make sure you've filled out our support form and let us know if you can be available to write testimony or testify in person once a hearing does get scheduled.

What this bill does: HB 2882 will create liability for patent holders or licensed manufacturers of genetically engineered products that cause GE contamination events in Oregon. The bill will not pit farmer against farmer. The parties that will be held responsible are the corporations behind genetic engineering, not the farmers who use them since in some instances, contamination is out of the hands of the farmer who planted the GE seed. GE contamination, and the threat of contamination, has cost farmers--including Oregon farmers--billions of dollars. 

What happened to SB 434? We introduced identical GE Liability bills in both the House and Senate—a slightly amended version of the bill that was introduced in 2017. We got off to a great start in terms of getting the bills drafted early and into committees in both chambers where they would have a chance. Because GE issues are incredibly contentious in Salem, some committees would be hostile to the bills and not take steps to move them forward.

We were repeatedly re-assured from our Chief Senate sponsor, Sen. Frederick, that the Chair of the Senate Judiciary Committee, Sen. Prozanski, would be scheduling a hearing. Sen. Prozanski even signed onto the bill and has long been a supporter of GE issues! However, last week Sen. Prozanski changed his mind because he is concerned that the bill could create negative, unintended legal consequences.

While it is disappointing that the Senate version is not moving forward, we still have the House version, and Sen. Prozanski committed to holding an Informational Hearing followed by a Work Group in the Senate because he does see the need to “draw a line in the sand” with GE issues but wants to make sure that he does so in a way that he is comfortable with. Our Chief Sponsor has gotten pieces of legislation out of Work Groups before, so ultimately, this is a step in the right direction. Sen. Prozanski said that he would schedule this hearing in late April or May so stay tuned.

It often takes multiple tries to get legislation passed, so while some of you may be feeling disappointed, we are still on a good track! We also found new Republican allies—Rep. Findley signed on and Rep. Stark is also supportive of the House version. We also are working with a new coalition partner, Oregon Organic Coalition, and through this relationship, we will be attending quarterly meetings at Oregon Department of Agriculture. These are really great developments.

What About Canola?
SB 885, which will address the sunset on the current limit of 500 acres of canola grown in the Willamette Valley, also has a work session scheduled on April 4th and we will know more after that time.