Oregon Attorney General Ellen Rosenblum and 36 other Attorneys General have filed a lawsuit against Google in California, alleging exclusionary conduct relating to the Google Play Store for Android mobile devices and Google Billing. The Attorneys General also accuse Google of using its dominance to unfairly restrict competition with the Google Play Store, harming consumers by limiting choice and driving up app prices.

“Over time, Google’s anti-competitive behavior has gotten worse,” said Attorney General Rosenblum. “There is no doubt that how we interact with our smartphones is ingrained in every aspect of our lives. It impacts our well-being, our children’s education, our everyday lives. Today’s filing is about ensuring one of the biggest tech powers behind our screens plays by the rules.”

The lawsuit follows on the heels of former President Donald Trump's lawsuit against the major tech giants for monopoly behavior in molding public opinion.

The heart of the lawsuit centers on Google’s exclusionary conduct, which shuts out competing app distribution channels. The AGs also allege in the lawsuit that:

• Google imposes technical barriers that discourage or prevent third-party app developers from distributing apps outside the Google Play Store. Google builds into Android a series of security warnings (regardless of actual security risk) and other barriers that discourage users from downloading apps from any source outside Google’s Play Store.
• Google has not allowed Android to be “open source” for many years, effectively cutting off potential competition.
• Google’s required contracts foreclose competition by forcing Google’s proprietary apps to be “pre-loaded” on essentially all devices designed to run on the Android OS, and requires that Google’s apps be given the most prominent placement on device home screens.
• Google “buys off” its potential competition in the market for app distribution.
• Google forces app developers and app users alike to use Google’s payment processing service, Google Play Billing, to process payments for in-app purchases of content consumed within the app. As a result, Google is unlawfully tying the use of Google’s payment processor, which is a separate service within a separate market for payment processing within apps, to distribution through the Google Play Store. Google is able to extract an exorbitant processing fee as high as 30% for each transaction which is many times higher than payment processing fees charged in competitive markets.

In addition to Oregon, this multi-state lawsuit is joined by Utah, Arizona, Colorado, Iowa, Nebraska, New York, North Carolina, Tennessee, Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Idaho, Indiana, Iowa, Kentucky, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, and West Virginia.


--Staff Reports

Post Date: 2021-08-05 22:17:18

Last Update: 2021-08-05 22:28:27

In a 2-1 vote today, the Yamhill County Board of Commissioners approved a letter to Governor Brown supporting local decision-making for Yamhill County schools. The letter recognizes the importance of parents, superintendents and school boards when it comes to making decisions about their individual school districts.

Amity School Superintendent Jeff Clark made the case for mask-free, in-person classes pointing out the Governor’s latest mask mandate for K-12 children is unnecessary and harmful for students. Clark told the Board the smaller, rural schools were taking the lead in Yamhill County and across Oregon by pushing back against mask mandates for children.

Ongoing conversations with the State saw mounting frustration on the part of superintendents after they were threatened with fines and civil actions by the Oregon Department of Education if they violated the mask mandate.

Yamhill County superintendents from Sheridan and Willamina were also in support of a letter opposing mask mandates. Dayton’s superintendent expressed support pending approval from his school board.

Conversations with McMinnville and Newberg superintendents were still ongoing.

The letter read:

The Yamhill County Board of Commissioners supports our county school districts, superintendents, parents and teachers in advocating for local decision making regarding COVID-19 mitigation measures, including whether to require children attending K-12 in-person classes to wear masks during the school day.

Governor, we appreciate your decision in June to shift from a state-centric model and acknowledge that each local school district is guided by a superintendent, school board, parents and advocates who understand and can address the unique circumstances and are uniquely positioned to address the health and well-being of their students.

Superintendents in Yamhill County have asked for a continuation of this community-focused approach and the Yamhill County Board of Commissioners has confidence in their ability tp make reasoned and informed decisions regarding, among other considerations, the masking of children during school hours.

Commissioners Mary Starrett and Lindsay Berschauer voted to approve the letter supporting local decision- making. Commissioner Casey Kulla voted “No”.


--Staff Reports

Post Date: 2021-08-05 21:49:05

Last Update: 2021-08-05 22:07:18

Oregon Secretary of State Shemia Fagan has announced that she is inviting Oregonians -- even illegal aliens -- to apply to serve on the Oregon People’s Commission on Redistricting. Like her predecessors, Secretary Fagan is preparing for redistricting in case she is needed. The People’s Commission will convene only if the Legislature misses its September 27 deadline, and the Oregon Constitution requires Secretary Fagan to conduct redistricting. If convened, the Commissioners will advise Secretary Fagan and her staff as they conduct public hearings and fulfill the Secretary of State’s constitutional duty in legislative redistricting.

“Today, redistricting is the Legislature’s job. While I am optimistic they will pass a redistricting bill by the September 27 deadline, I owe it to Oregonians to be ready to go if they don’t,” said Oregon Secretary of State Shemia Fagan. “I made a commitment to Oregonians to convene a People’s Commission to advise me on redistricting and that is exactly what I am preparing to do.”

The People’s Commission provides an opportunity for Oregonians, including those with experience working in historically excluded communities, to play a key role in advising Secretary Fagan if the Oregon Constitution requires that she perform legislative redistricting. If convened, the Commissioners will work directly with Secretary Fagan on her commitment to an open public process, including engaging with Oregonians in public hearings and other public education and community engagement opportunities. The Commissioners will attend all public hearings, hear testimony from Oregonians, and advise Secretary Fagan and her staff on redistricting.

Oregonians seeking to serve on Oregon’s People’s Commission must complete the application at the Oregon Secretary of State’s website by September 2nd. Applicants must be at least 16 years of age and must be an Oregon resident since at least April 1, 2020.

“Redistricting matters because representation that reflects you, your family, and your community is the foundation of our democracy.” said Oregon Secretary of State Shemia Fagan. The Oregon Secretary of State’s mission is to build trust so that Oregonians trust the public services that can make a difference in their everyday lives. The People’s Commission is central to a robust public process that gives Oregonians opportunities to be heard. If redistricting falls to the Secretary of State, we expect orientation for the People’s Commissioners to be September 29th. Public hearings would be held on the following days:

October 6 – evening hearing in Oregon Congressional District 4
October 7 – evening hearing in Oregon Congressional District 2
October 8 – evening hearing in Oregon Congressional District 5
October 9 – hearing in Oregon Congressional District 1
October 9 – hearing in Oregon Congressional District 3
October 12 – Commission debrief meeting


Additional information and the application for Oregon‘s People’s Commission can be found on the Secretary of State's Website


--Staff Reports

Post Date: 2021-08-05 14:40:56

Last Update: 2021-08-05 14:55:33

Governor Kate Brown has announced that she has directed the Oregon Health Authority (OHA) to issue a rule outlining new, required health and safety measures for personnel in health care settings.

The rule requires weekly COVID-19 testing for personnel in health care settings to prevent the spread of COVID-19 in health care settings, which can be waived with a proof of vaccination. The new rule will be issued this week and the requirement to be vaccinated or undergo weekly testing will apply starting September 30th.

“The more contagious Delta variant has changed everything. This new safety measure is necessary to stop Delta from causing severe illness among our first line of defense: our doctors, nurses, medical students, and frontline health care workers. Protecting our frontline health care workers through vaccination will also enhance the safety of the patients in their care,” said Governor Brown. “Severe illness from COVID-19 is now largely preventable, and vaccination is clearly our best defense. Vaccination and weekly testing ensure Oregonians can safely access health care and employees can go to work in an environment that maximizes health and safety measures for COVID-19.”

The new rule applies to personnel in health care settings who have direct or indirect contact with patients or infectious materials. The Governor’s Office claims that Kate Brown continues to look at additional health and safety options to protect Oregonians against the Delta variant, including vaccination and testing policies for state workers, with conversations continuing with stakeholders about how similar protective measures can be implemented in various state workplaces.

Governor Brown called on other public and private employers in Oregon to consider measures to facilitate their employees’ access to vaccines: “As we have throughout this pandemic, we are learning to adapt to the new reality the Delta variant has created. I am encouraging Oregon cities, counties, businesses, and employers to think creatively, and to consider measures such as paid time off for vaccination, and incentives for employees, in addition to instituting masking requirements and other health and safety measures in the workplace. I am doing the same with the State of Oregon’s workforce.”

State law currently prohibits employers from independently mandating vaccines for certain limited categories of workers, including health care workers, an issue the Governor claims she intends to work with stakeholders and legislators to address in the February 2022 session.

A video statement from Governor Brown is available here.


--Bruce Armstrong

Post Date: 2021-08-04 14:14:02

Last Update: 2021-08-04 15:28:02

The City of Salem reported on a community survey developed by the City of Salem Human Rights Commission in partnership with Western Oregon University students as offering insight into Salem residents' experiences of discrimination. But, does it?

This year, 835 respondents completed the survey – about 3.8 times the number of respondents to the previous survey in 2017. Of those, 247 respondents came through the City of Salem's Facebook page, 222 came through a community organization, 87 came through friends or family, and 209 of Salem's unsheltered residents filled out paper surveys collected by students and community volunteers.

That may sound like a good representation, but is it a fair representation? Salem’s news release says: “Respondents to the survey were not a random or representative sampling of the community, so the voluntary responses suggest some level of interest in the topic.” The report says: “The result is a non-probability judgment sample... The data in aggregate is not representative of the City of Salem overall…Historically marginalized groups are over-represented in this data set.”

A D V E R T I S E M E N T

A D V E R T I S E M E N T

The idea that the conclusion that 26% of respondents said Salem had quite a bit of discrimination and another 30% said Salem has a lot of discrimination, can only be directly related to the 835 respondents and not the City of Salem. Even then, the report included those that “heard about” a discrimination experience. The survey does not define what constitutes a discrimination experience. However, 85% indicated discrimination over housing status, which was collected via paper survey of homeless. Next is 22% over race, which compared to the demographics showing 25% indicating a BIPOC race or ethnicity. Twenty-three percent responding identified as LGBTQIA+ and 18% reported discrimination over gender. Other categories were less than eight percent.

There are some hidden gems in the report. Respondents were given an opportunity to comment, which poses the question, did these samples of 12% actually experience discrimination or is it a taught feeling. "I routinely see discrimination both what appears intentional and more systemic or unintentional on a race basis by both private sector businesses and city government and local regional governing personnel, including the police." Additionally, another respondent stated they have a "Big concern about police & those in leadership, especially the school board. New to Oregon & shocked at its history of discrimination."

Another 17% commented mentioned "hate groups" and "white supremacy" when asked about their grade. For example, one respondent wrote, “We have a Proud Boys problem. I think many come from out of town to bully and intimidate people who don’t look or think as they do.” Another wrote, "White supremacy, overt and covert, is extremely prevalent in Salem. The area is conservative.” Which is it? Most of Salem residents probably think rioters come from out of town to cause problems, but does this qualify for a discrimination act?

The Commission said they stand ready to help with experiences of discrimination to provide feedback to the city. Can a commission “with experiences of discrimination” truly provide objective insights. They want to use their insights to improve outreach to the community and increase understanding of the perceptions of Salem residents. Their own report admits a bias that skews the data. It certainly does not indicate that residents of Salem lack an understanding or perception of discrimination among the unsheltered or otherwise.

One thing the report does expose is that 209 unsheltered people are not utilizing the Turnkey Project or nonprofit assistance. And perhaps the residents of Salem deserve an unbiased professional survey if the city is going to give creditability to the results.


--Donna Bleiler

Post Date: 2021-08-04 10:07:17

Last Update: 2021-08-04 17:14:35

The decimation of the timber industry in Oregon seems to negatively affect many in Oregon, sadly, and this includes endangered animal species such as the Northern Spotted Owl, which makes it's habitat in Oregon, California, and Washington.

According to a video produced by the Congressional Western Caucus,who claim to be a voice for rural America, the industry has seen lost revenue in the figure of several millions, and killed countless jobs. And that is only part of the problem that comes from the lack of proper forest timber management.

Chairman Dan Newhouse (WA-04) and Rep. Cliff Bentz (OR-02) hosted the virtual forum to highlight the mismanagement of the Northern Spotted Owl in the Pacific Northwest.

The video forum featured three panelists who spoke on the impacts of the protections and restrictions imposed by the Endangered Species Act:

• Commissioner Tim Freeman, President for the Association of O&C Counties
• Commissioner Todd Nash, Chairman of the Board of Commissioners in Wallowa County and President-Elect for the Oregon Cattlemen's Association
• Mr. Heath Heikkila, Director of the American Forest Resource Council

It turns out that the same forces that are driving the industry to neglect the harvesting of timber resources may be resulting in some unintended consequences, such as threats to a beloved environmental causes such as endangered species habitat preservation. Proper stewardship of public land is something that elected leaders of Oregon seem to be failing at for some time, if one considers the devastation and loss caused by wildfires in recent years. Elected leaders seem to be failing to protect the mentioned habitat by letting it burn instead of harvesting the precious resource. The Democrat party who alleges to "care about the environment" seems to be dropping the ball in actually doing so.

The video points out that the Endangered Species Act of 1973 may be in need of modernization, as the recovery rate of identified species is only 3 percent. The Trump administration did make efforts to do so, but efforts by the Biden/Harris administration are working to stall those efforts.

The Endangered Species Act seems to have been weaponized over the years by "environmental justice" warriors, yet justice through losing life and property to wildfires may not be what activists actually want. Political balance in Oregon offers some hope of policy change in this area.

"The weaponized concept could not be clearer or more accurate as to what's happened", said Douglas County Commissioner Tim Freeman. "The constant protest and litigation and stopping of any sort of reasonable or practical forest management has really become the normal"


--Bruce Armstrong

Post Date: 2021-08-03 16:15:01

Last Update: 2021-08-03 18:11:01

Governor Kate Brown has issued the following statement about the U.S. Department of Agriculture’s announcement of a $15 million drought pilot for agricultural producers in the Klamath Basin:

“The Klamath Basin is facing historic challenges from drought conditions that are creating hardships for the people, farms, ranches, communities, and ecosystems of the region. Today’s announcement from the U.S. Department of Agriculture is a great step to help agricultural producers in the region. I appreciate the partnership of Secretary Vilsack and the Biden-Harris administration in helping to relieve hardship in the region, both through this new pilot and ongoing programs.

“What is clear is that, because of the ongoing impacts of climate change on the region, the Klamath Basin will continue to face too many demands for a limited and decreasing supply of water. We must continue to work towards a long-term drought solution for the region, and today’s relief efforts are a down payment toward that goal.”

The U.S. Department of Agriculture is investing $15 million for a new drought pilot to assist agricultural producers impacted by worsening drought conditions to provide relief to impacted California and Oregon producers in the Klamath River Basin. The announcement comes as U.S. Secretary of Agriculture will travel to the state for events focused on drought and wildfire resiliency on Tuesday. At issue is the survival of the Lost River sucker and shortnose sucker which live in Klamath Lake and whose existence is reportedly threatened by low water levels in the lake.

“As ongoing drought conditions in the West continue to worsen, we need to find ways to do things differently in order to provide help and assistance to producers, Tribes, and communities,” said Gloria Montaño Greene, USDA’s Deputy Under Secretary for Farm Production and Conservation. “We recognize that current USDA programs and services are not enough to meet this historic challenge, and this pilot will help us find more tools to add to our toolbox.”

The Klamath Project’s “A” Canal will remain closed this year because of a lack of water supply. The canal, a major component of the Klamath Project, typically provides access to Upper Klamath Lake, supplying water for over 200,000 acres of farmland.

The block grant to the Klamath River Drought Response Agency will provide payments to producers to reduce irrigation demand. This will assist in allowing the limited supply of water to be used for other practices that are vital to the region’s food supply and to reduce adverse impacts to producers in the region and supply and distribution chains. Producers will apply for funding through the Klamath Drought Response Agency.

USDA will evaluate the outcomes to help inform future program design and will continue to monitor basins and drought conditions to determine where additional may best provide immediate economic support and relief to producers.

The strategy of the federal government curtailing the use of natural resources by historic users based on claims of environmentalists and then compensating harmed users, programs and jurisdictions has met with limited success, according to some observers. In the case of the northern spotted owl and other threatened species, compensating former users works only for a limited time, and after awhile, the payouts compete with other budget priorities and the exit strategy is to abandon the communities that have historically depended on the use of natural resources.


--Staff Reports

Post Date: 2021-08-02 17:49:22

Last Update: 2021-08-02 19:50:47

Parents in Portland, Oregon feel they and their children lived and still live in a nightmare.

Since March 2020. Oregon Governor Kate Brown’s gaslighting rule making pronouncements have parents feeling like pinballs bouncing around, back, and forth in some weird pinball machine of existence in Multnomah County. Wear masks don’t wear masks, wear masks, don’t wear masks.

Parents came to the meeting not wearing masks, so the board changed the rule to parents don’t have to wear masks. How do you report on a meeting where the superintendent, Guadalupe Guerrero, and his administrative staff speak bureaucratic jargon full of repetitive phrasing that you begin to feel like Charlie Brown and his friends at school listening to the teacher? “Wah, wah, wah, wah...”

Much of all communication is non-verbal. With all the board members and the superintendent and his assistants all masked up it was a challenge to discern the communication. Between garbled communication then vague communication when the numbers conversation popped in some wondered if Common Core Math was somehow a factor in not understanding what the superintendent was saying about the 15,000-student number, then the 1000-student number, then the 500-student number and finally the 750-student number.

Some audience members felt like sleight of hand was in motion even as a few of the elected board members attempted to search for numbers and demographic clarity themselves.

Mathematically 15,000 students who did some version of on-line learning represents about 32% of the student population of PPS. That is quite a sizable piece of the pie.

500 to 750 were the numbers the superintendent announced for an on-line learning academy the district had developed, but then it was stated it was only for students who were medically or mental health-wise affected by COVID-19. It will be done by lottery and parents will have to submit medical documentation to have their child on this on-line academy. Except: if the applications for the Academy are under 500 then medical documentation is not required. That brought quizzical looks to the faces of audience members attempting to follow the conversation at their seats as masked up board members spoke.

A D V E R T I S E M E N T

A D V E R T I S E M E N T

PPS contacted all 15,000 at the end of June by letter and then called 1000 of those identified 15,000. Audience members wondered why PPS does not already know if any student or how many students are medically or mental health-wise fragile due to COVID-19. A records request was sent to PPS to get a copy of the report generated from talking to the 1000 parents that would have been sent to the superintendent to review.

With the information from the superintendent that the deadline to apply for the 500-750 slots was July 30, 2021, board member Mr. Gary Hollands said that was a short deadline as well as noting the website to apply for the lottery was not user friendly. Board member Julia Brim-Edwards comment on the 15,000 or the 1000 population was “Some people don’t want to mask or take precautions.”

Board chair Michelle DePass asked for demographic data on the 1000 and valiantly attempted to get feedback to have some assurance that single working mothers were given due consideration and support. After some starts, sputters, stammers and what seemed like a-go-around-the-bureaucratic-mulberry-bush jargon, the answer seemed to be moms’ babysitters would have to be the “home coaches”. For older students the answer seemed to be they could be left alone with the on-line academy. It felt like for those kids it was, “You’re on your own Spartacus.”

Board member and vice-chair, Andrew Scott took exception to an audience member’s teaching on the history of the government compulsory public school education system created by the 1854 Democratic Congress with its primary intention to indoctrinate. Scott stated public education is “…not to indoctrinate, it is to educate and make well-rounded individual whole citizens, residents of the community”. One parent who watched on-line commented on social media later what board member Scott said was “indoctrination”.

Board member Brim-Edwards took exception to an audience member’s noticing that in the discussion related to the new Mission Statement the word “parents” was never used and she stated, “Board members are parents” and that the district’s “…sole focus was on the students, that is what we are about.” She added that their mission statement would produce “…joyful, love to come to school…” students.

There was an endless repetition that the board would be guided by “local, state and federal public health experts.” Those public health experts are to weigh in at the August 4, 2021, board meeting. 6pm at 501 Dixon. There was no mask discussion. No comment was made by anyone about the mask boxes advising all who read the box that masks are not for viruses. At an hour and sixteen minutes into the board meeting there was one quick comment about students who have “...depression and suicide ideation...”

Superintendent Guadalupe Guerrero stated that “...a majority of the students will return in the fall...” and reiterated that all is “...on track...”


--Margo Logan

Post Date: 2021-08-02 16:56:29

Last Update: 2021-08-02 17:49:22

Oregon Governor Kate Brown today provided notice that she intends to veto two bills passed during the 2021 Legislative Session. Under Article 5, Section 15 of the Oregon Constitution, the Governor must provide at least five days' notice before vetoing a bill after the legislature adjourns sine die. The Governor issued the following statement:

“Since the close of session, my office has reviewed and carefully considered hundreds of bills enacted during the final few days of the session. This included a review of feedback from legislators, constituents, and other stakeholders on the efficacy of the new policies passed, as well as a legal review of those policies. Upon review, there were two bills with technical issues that I intend to return unsigned and disapproved. While I appreciate the goals of both bills, portions of both unfortunately come into conflict with federal regulations or federal authority.”

Senate Bill 721
As written, Senate Bill 721 as passed by the Oregon Legislature would place the state in conflict with federal Medicaid law, which requires a single state Medicaid agency and prohibits the Oregon Health Authority from delegating its authority over Medicaid policies.

Governor Brown added, “I understand that supporters of Senate Bill 721 intend to re-submit a similar bill in the future with a modification to avoid the federal law conflict. I look forward to those efforts, and I applaud their work to center the consumer voice in improving the delivery of behavioral health care here in Oregon.”

Shouldn’t we ask why the conflict in laws wasn’t considered when introducing the bill, or before it was passed?

House Bill 2646
House Bill 2646 would bar Oregonians under the age of 21 from purchasing kratom. The Governor supports efforts to prevent this product from reaching the hands of young Oregonians. However, the portion of this bill that creates a regulatory function at the Oregon Department of Agriculture is problematic. As is the case with other potentially harmful drugs, Governor Brown believes that the federal Food and Drug Administration is the appropriate regulatory body to oversee the importation and use of this product.

Governor Brown added, “Given there is currently no FDA-approved use for this product and there continues to be concern about the impacts of its use, I would entertain further legislation to limit youth access without the state agency regulatory function included in this bill.”

It seems the Governor has selective concerns when it comes to enforcing bills. If she were truly concerned, she would have vetoed SB 554, which isn’t enforceable without a search warrant to know if firearms are stored improperly and they can’t get a search warrant without probable cause.


--Donna Bleiler

Post Date: 2021-08-02 16:37:46

Editor's note: This is the third of a multi-part series on Administrative Law in Oregon

There are about 100 state agencies, and from time to time they publish notices of proposed rulemaking. Most rulemaking activity will have a hearing and a opportunity for public comment. The best way to stay on top of this is to go to the agency website and subscribe to their notifications.

Once you have the Notice of Proposed Rulemaking, it will have instructions on how to submit comments or how to testify. While the agencies are required to go through a process of making public their proposed rules and taking public input, they have no obligation to integrate any of the public's input or concerns.

Keep in mind that "rules" is a very broad term. An agency handbook, implementation of legislation passed by the legislature, or compliance information all can be considered rules and are subject to the process. For instance, the Oregon Department of Fish and Wildlife fishing and hunting manuals go through the same rulemaking process.

You can search the database of Oregon Administrative Rules on the website of the Oregon Secretary of State to look up existing rules.


--Staff Reports

Post Date: 2021-08-01 12:48:45

Last Update: 2021-08-01 12:53:19

Governor Kate Brown has provided notice that she intends to veto two bills passed during the 2021 Legislative Session.

Under Article 5, Section 15 of the Oregon Constitution, the Governor must provide at least five days' notice before vetoing a bill after the legislature adjourns sine die. The Governor issued the following statement:

“I want to thank legislators for a successful and productive session that addressed the key challenges... and taking steps to end systemic racism and address racial disparities in Oregon," said Governor Brown.

She continued, “This session was a turning point for Oregon. We worked together to build a safer, stronger, more equitable, and more resilient state––a state that provides for Oregonians' basic needs, where we are all committed to dismantling systems of racism and addressing the racial disparities they've caused, and where the economy creates opportunities for working families and businesses.

“Since the close of session, my office has reviewed and carefully considered hundreds of bills enacted during the final few days of the session. This included a review of feedback from legislators, constituents, and other stakeholders on the efficacy of the new policies passed, as well as a legal review of those policies. Upon review, there were two bills with technical issues that I intend to return unsigned and disapproved. While I appreciate the goals of both bills, portions of both unfortunately come into conflict with federal regulations or federal authority.”

Senate Bill 721

As written,Senate Bill 721 would place the state in conflict with federal Medicaid law, which requires a single state Medicaid agency and prohibits the Oregon Health Authority from delegating its authority over Medicaid policies.

Governor Brown added, “I understand that supporters of SB 721 intend to re-submit a similar bill in the future with a modification to avoid the federal law conflict. I look forward to those efforts.".”

House Bill 2646

House Bill 2646 would bar Oregonians under the age of 21 from purchasing kratom.

However, the portion of this bill that creates a regulatory function at the Oregon Department of Agriculture is problematic. As is the case with other potentially harmful drugs. The federal Food and Drug Administration is the appropriate regulatory body to oversee the importation and use of this product.


--Bruce Armstrong

Post Date: 2021-08-01 12:12:40

Last Update: 2021-08-01 15:10:10

Enacted as part of the 2017 Transportation Package passed by the Oregon Legislature, the I-205 Toll Project will use variable-rate tolls to manage congestion and raise revenue. The idea is to charge more during peak times as a disincentive to reduce congestion.

The Oregon Department of Transportation is investing in transit, bicycle and pedestrian facilities and changing how we manage roads for safety and traffic flow. According to ODOT, tolling is another necessary tool to fix our transportation system. They say that tolls bring more reliable trips and address congestion in the metro region, reduce greenhouse gas emissions, and fund bottleneck relief projects. We know Oregonians across the state need to get to and through the Metro region. While there's no doubt that delay and congestion come at a high cost to individuals, businesses, and communities, congestion itself is a deterrent.

ODOT engineers point out that in 2020, the traffic counts declined with the COVID-19 pandemic but are now back to about 90% of pre-pandemic levels and expected to return to 2019 levels as the economy improves.

ODOT maintains that tolls can help manage congestion and provide a more reliable trip by encouraging drivers to consider other travel options -- including detouring through neighborhoods to avoid the toll -- or times of travel. They say that a large change in trip making isn't needed for significant benefits. Even a small decrease in the number of people trying to get on the highway will have travel time benefits for those who can't modify their trip.

In addition, funding for seismic, safety, climate and congestion improvements has not kept pace with inflation. This is largely due to the "per gallon" tax on fuel to fund roads. Gallons increase as miles increase, but the tax collected doesn't keep pace with inflation.

Tolling on I-205 would consist of an all-electronic system that would automatically collect tolls from vehicles traveling on the corridor. Drivers will not stop to pay a toll. A transponder, a small sticker placed on the windshield, is read and connected to a pre-paid account. If a vehicle doesn't have a transponder, a camera captures the car's license plate, and the registered owner is billed.

ODOT is analyzing three alternatives as part of the formal environmental review. Three other alternatives were considered in 2020 and found to provide fewer benefits. They were dropped from the analysis.

Alternatives currently under review include:

Alternative 3: Bridge Tolls on the Abernethy Bridge and Tualatin River Bridges

• Tolls on reconstructed bridges over Tualatin River and Willamette River.
• Split toll amount between two locations.
• Through trip pays more than local access trip.
• This image shows Alternative 3, which would individually toll multiple bridges to be rebuilt.

Alternative 4: Segment-Based Tolls between Stafford Road and OR 213

• Toll split across four segments: amount paid depends on number of segments traveled.
• Most flexible for traffic operations management.
• More complex pricing structure to communicate to users.
• This image shows Alternative 4, which includes segment-based tolls from Stafford Road to Oregon 213.

No Action Alternative: No toll would be applied

• Benefits would not be realized to help manage congestion or raise revenue for transportation projects.

ODOT is in the environmental review phase, which began in 2020. Following a public comment period in summer-fall 2020, the I-205 Toll Project is moving forward with an analysis of the three alternatives. This phase will include:

• An assessment of the potential for additional diversion onto the surrounding street system, especially onto neighborhood streets designed for low speed, low volume conditions.
• An evaluation of existing transit during peak periods to accommodate any shift in travel modes.
• An assessment of whether improved reliability on I-205 will make bus service on the highway a viable option to improve the currently limited public transportation options between West Linn, Oregon City and the I-5 corridor.
• Evaluation of other potential benefits and impacts of the tolling alternatives.
• Consideration of equity and mobility strategies to ensure people of all demographics receive travel benefits.

The ODOT project team has summarized all the public comments in a report and responded to the concerns, ideas and recommendations provided. In 2023, the Federal Highway Administration, in cooperation with ODOT, is expected to decide which alternative to implement based on the analysis conducted, existing policy and guidance, and community and stakeholder feedback.


--Staff Reports

Post Date: 2021-07-31 10:57:35

Last Update: 2021-07-31 11:40:15