Regional leaders and elected representatives from local jurisdictions worked together to ensure income from this measure will benefit local communities.

A plan by the Oregon Department of Transportation to implement a toll on Interstate 205 to pay for improvements in Clackamas County received a key procedural approval Thursday after the Joint Policy Advisory Committee on Transportation voted to amend two regional transportation plans.

JPACT's vote was to amend both the Regional Transportation Plan and the Metropolitan Transportation Improvement Program, two federally-mandated documents that needed a formal amendment for the tolling project to proceed.

The yes vote now sends the proposal to the Metro Council, which must also approve the plan for it to proceed.

Two Metro councilors serving on JPACT, Christine Lewis and Juan Carlos Gonzalez, voted against the tolling proposal. The vote came after an intense discussion among JPACT members about a number of topics, including equity, trust and how the I-205 tolling plan fits into the broader picture of plans for a regional congestion pricing program.

The Metro councilors were joined by JPACT members from Clackamas County and Portland, who also voted against the proposal and expressed concerns about traffic diversion and a lack of transparency in ODOT's decision-making process.

ODOT officials said the plan is an important step in paying for long-promised improvements to I-205 in Clackamas County, including a seismic retrofit of the Abernethy Bridge over the Willamette River in Oregon City and a congestion relief effort between that bridge and Stafford Road. However, Clackamas County leaders have been concerned about whether the tolls, which are proposed as a way to pay for the bridge improvements and widening plan, would cause drivers to divert off the freeway and onto local roads, like Highway 99E through Canby and Oregon City, or Willamette Falls Drive through West Linn.

Lewis, whose Metro Council district includes most of urban Clackamas County, lives in West Linn's Willamette neighborhood, where drivers already use Willamette Falls Drive to avoid the congestion on I-205. She said ODOT had made improvements to the plan to address diversion and equity – but not enough to earn her vote.

"Regional partnership was very strong on this, and everyone came together to improve this proposal," she said. "The overall package is better because it now includes language that forces ODOT to spend money on local streets to which traffic from I-205 is already diverting. They will also be required to invest in local communities, make sure the project is in sync with other congestion pricing efforts, and they must now commit to prioritizing safety and equity."

But, she said, she's still concerned about how the tolling proposal for I-205 will fit into efforts to create a regional congestion pricing plan.

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"It makes no sense to place undue burden on communities in Clackamas without syncing the timeline up to the regional system we are trying to build," Lewis said.

Clackamas County Commissioner Paul Savas expressed concerns over including language that opens the door to tolling on all lanes of the interstate.

"I'm inclined to think that we will put more people at risk," he said. "I don't think we will accomplish, and perhaps even worsen our climate goals, and frankly I think there are some serious economic impacts that have not been considered."

Joining the coalition against the proposal was Jo Ann Hardesty, the Portland City Commissioner responsible for that city's Bureau of Transportation. She said the past month "has been wonderful communication with ODOT," but expressed concerns about ODOT's record when it comes to listening and working closely with local communities.

"I still see a reluctance to do anything different that you've ever done," she said. "I push back on the notion that we should trust you, because there is nothing in your history that proves that we should trust ODOT to actually do the right thing when it comes to prioritizing other modes of transportation, when it comes to being a real partner in our communities. I'm not clear that ODOT has listened at all about the major concerns in Clackamas or the major concerns that folks in my community have about how much it's going to cost them to actually travel in a city where they've been pushed out to the edges."

But ODOT officials said the plan had made significant changes to address concerns about diversion mitigation and the impacts of the plan on local communities. The plan to move forward includes commitments from ODOT to elevate the role of local policymakers and stakeholders, center equity and process in outcomes, increase transit and multimodal transportation options, and provide fiscal transparency to build trust and understanding.

That was enough to get support of Milwaukie City Councilor Kathy Hyzy, who had previously been opposed to the plan.

"So much of this is stepping out on faith and deciding where to take risks," she said. "At this point I think we're just going to have to step out in faith that ODOT is going to do its best. We are relying on ODOT to do what it is saying at these tables; that is going to be critical, and we will be watching. And in future votes we will be paying close attention to see that ODOT has done not just its level best, but has pulled out all the stops to get these two things as closely aligned as is extra-humanly possible because the cities and the region do not want to be left hanging when it comes to tolling."


--Staff Reports

Post Date: 2022-03-21 09:30:42

Last Update: 2022-03-21 09:46:11

As the repeal of Roe v. Wade heats up in the U.S. Supreme Court, Oregon’s majority party pushed through HB 4034 to make the Reproductive Healthcare Equity Act permanent.

Buried within HB 4034, which adds to what a pharmacy intern can do, allowing a pharmacy to swipe person's driver license for purchasing pseudoephedrine without a prescription to a person who is at least 18 years of age with a valid government-issued photo identification, is the implementation of the Reproductive Health Equity Act of 2017 (RHEA).

Usually, laws that compel health insurance providers to cover particular treatments are automatically repealed after six years. HB 4034 didn’t need to add RHEA because it already made abortions a free medical benefit. Not only did HB 4034 make abortion benefits permanent, but the slap in the face came by adding an “emergency clause” preventing a citizen’s petition from challenging the law by a vote.

HB 4034 also allotted distribution of $2,555,000 General Fund to give Oregon Health Authority more latitude in who receives grants to push their pro-abortion agenda, including schools.

The bill authorizes ten school districts to receive grants for health care centers, and awards up to four grants to school districts or education service districts for mobile school-linked health centers.

Putting health care centers in schools is another way to separate children from parents allowing state to provide treatments without parents' knowledge.

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Abortion first showed up in Oregon law In 2017, HB 3391, in a full court press by Democrats to pass the Reproductive Health Equity Act (RHEA).

The Act expanded health coverage to access free reproductive health services, including abortion, contraceptive options, and experimental or investigational treatments or treatment that do not conform to acceptable and customary standards of medical practices.

Why the urgency to make the RHEA law permanent?

If the Supreme Court overturns Roe v. Wade, the decision goes back to individual states.

There are 26 states likely to ban abortions. However, 15 states are taking action to make abortion a legal right by passing laws.

Republicans put forth a motion to withdraw pro-life bills from committees in 2021 in both Houses with HB 2699 and SB 586 that would require an aborted baby born alive to be treated as a viable person.

Democrats voted down both attempts.

HB 4034 is currently awaiting the governor’s signature.


--Donna Bleiler

Post Date: 2022-03-20 12:41:46

Last Update: 2022-03-20 15:56:53

After serving the Springfield community for nearly a year as Interim Chief, Springfield City Manager Nancy Newton has appointed Andrew Shearer to serve as Springfield’s next Police Chief.

He will be officially sworn in at 10:30 a.m. Monday, March 28th.

Shearer brings more than 29 years of law enforcement experience to Springfield, most recently as Assistant Chief of Police with the City of Portland.

When selected to serve as interim, Chief Shearer issued his commitment to working alongside community members, public safety stakeholders and SPD to enhance community trust, improve transparency, and to foster a policing culture based on dignity, fairness, respect, and accountability.

“Ten months ago, I was provided an opportunity to serve the members of SPD and this community. Since then, I’ve witnessed the courage of the men and women of this agency firsthand,” Springfield Police Chief Andrew Shearer said.

He continued, “We should all appreciate their selflessness in the face of danger in order to protect the people of Springfield as well as their courageousness in self-reflection to seek continual improvement. A safe city requires trust and partnership between police and community in addition to a combined commitment to public safety for all. That commitment is strong here in Springfield. I am confident that existing partnerships will strengthen, new ones will grow, and we can achieve even greater successes in this city."

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Newton said Chief Shearer not only brought the experience and fresh perspective the City was hoping for in a new Chief, his leadership led the department to make considerable strides to improve the work of law enforcement such as increasing access to information, updating policies and procedures, improving opportunities for the community to engage with the department, providing more officer training, and working to strengthen relationships with underserved communities.

“Chief Shearer’s approach to the responsibilities of Police Chief have been exemplary,” Newton said. “We are very fortunate to have someone with his extensive experience, thoughtful guidance, and compassion serving our community. He embodies the balance we need to ensure we conduct our work based on best practices and accountability, provide proper training and support for SPD; and serve all community members with respect, fairness, and dignity. His steady guidance and exceptional leadership came at the right time, and I am very pleased he is continuing with us in service to the Springfield community.”


--Bruce Armstrong

Post Date: 2022-03-19 18:10:51

Last Update: 2022-03-19 19:15:44

Oregon passed a law in 2019 to make Daylight Saving Time (DST) permanent if Washington and California also approved the change, and Federal law allowed the change. Federal law does not currently allow full-time DST.

In the last four years, 18 states have enacted legislation or passed resolutions to provide for year-round daylight saving time, including Washington and California.

None of that matters if Congress doesn’t act.

On Tuesday, the U.S. Senate took a surprise unanimous vote to make DST permanent by passing the Sunshine Protection Act of 2021.

The federal proposal would supersede any state laws. If it passes, all of Oregon, including Malheur County, would be permanently on daylight time. The Oregon State law alone excludes Malheur County, the only Oregon county that observes Mountain Time.

Daylight saving time has long been a topic of discussion in Congress on the potential benefits and the costs of daylight saving time since it was first adopted as a wartime measure in 1942.

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The proposal will now go to the House, where the Energy and Commerce Committee had a hearing to discuss possible legislation last week. The chair, Representative Frank Pallone Jr., agreed it was time to quit changing clocks, but was uncertain whether it should be daylight savings time or standard time.

Perhaps the U.S. Senate made that decision for him.


--Donna Bleiler

Post Date: 2022-03-19 17:12:19

Last Update: 2022-03-20 19:59:31

Oregon OSHA has determined that the following changes to its COVID-19 Requirements for All Workplaces as describe in the Oregon Administrative rules OAR 437-001-0744. As required, Oregon OSHA will initiate rulemaking to achieve these modifications. Until that rulemaking is complete, Oregon OSHA will modify its enforcement activities so that it does not enforce any provisions of the rule, other than the requirements that are outlined below.

In a Workplace Advisory Memo issued last week, OSHA has determined that employers in general workplaces, which are defined as all workplaces other than exceptional risk workplaces, must:

1) Allow workers to voluntarily use facial coverings and provide facial coverings at no cost to workers.
2) Facilitate COVID-19 testing for workers if such testing is conducted at the employer’s direction by ensuring the employer covers the costs associated with that testing, including employee time and travel.

In addition to those requirements, employers in general workplaces should:

1) Continue to optimize the use of ventilation systems to help reduce the risk of COVID-19 transmission.
2) Follow OHA, public health, or medical provider recommendations for isolation or quarantine of employees for COVID-19.
3) Provide notice to workers who have had a potential work-related exposure to COVID-19 within 24 hours.

--Staff Reports

Post Date: 2022-03-19 16:46:35

Last Update: 2022-03-19 17:14:21

The Oregon Legislature recently passed HB 4157 which will provide a one-time $600 payment to Oregon households who received an Earned Income Tax Credit on their 2020 tax filing. The one-time payment will be sent by July 31, 2022.

If you filed a 2020 Oregon tax return by December 31, 2021 and received an Oregon Earned Income Tax Credit, no action is required on your part, and you will automatically receive your payment by direct deposit or check. The payments are not taxable for Oregon and will not be applied to state and federal debt owed by eligible households.

Taxpayers that were eligible for EITC in 2020 but did not claim it on their return can amend their 2020 federal and Oregon returns by April 15, 2022 to claim the EITC and still be eligible for the one-time assistance payment. Taxpayers who miss this deadline, and did not receive an Oregon EITC, will not receive a payment.

More information on the one-time assistance payments and amended returns is available on the One Time Assistance Payment webpage.


--Staff Reports

Post Date: 2022-03-18 16:41:09

Last Update: 2022-03-18 16:48:13

Secretary of State Shemia Fagan has released an audit of Oregon’s mortgage interest deduction. The document blames the deduction, that allows Oregonians to keep more of their own money, for many of Oregon’s housing woes.

“This ‘audit’ reads more like a political messaging memo than any real research,” said Deputy Senate Republican Leader Chuck Thomsen (R-Hood River). “The Secretary is politicizing the Audits Division for her own partisan ends of shifting blame away from her party’s decades of housing policy failures onto a tool that hundreds of thousands of working-class families use to make ends meet.”

“Democrats continue to double down on failed housing policies that drive up the cost of housing while trying to run away from responsibility,” said Senate Republican Leader Tim Knopp (R-Bend). “In the middle of all this economic uncertainty, it's unclear why the Secretary is attacking the one tax benefit that is available to working-class Oregonians.

“If Democrats want to eliminate the mortgage interest deduction, they will be voting to raise taxes on hundreds of thousands of Oregonians across the state. Increasing taxes on Oregonians won’t make housing more affordable. Republicans will fight any effort to curb this vital tax relief.”

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Democrats have consistently opposed Republican-led efforts to make structural reforms to decrease the cost of housing. Last session, Democrats blocked a Republican effort to make the impact of housing regulation on the cost of housing more transparent by voting down SB 1537. Democrats also blocked HB 4118 which would have cleared roadblocks to the development of workforce housing.


--Staff Reports

Post Date: 2022-03-17 13:57:50

Last Update: 2022-03-17 13:50:15

In an audit that insiders decried as political, Oregon Secretary of State Shemia Fagan (D-Portland) said that the "home mortgage interest deduction as a deeply inequitable and regressive tax policy." One former legislator described her comment on her audit as "using public office to promote socialism." The mortgage interest deduction allows some, but not all, homeowners to reduce their taxable income by the amount of interest paid on mortgages up to $750,000.

Fagan continued, "While houselessness and the lack of affordable housing impact communities all over the state, auditors found the state’s largest housing subsidy mostly benefits wealthy and white Oregonians in urban counties. Fagan, herself, is a white Oregonian from an urban county. Additionally, the mortgage interest deduction receives no state-level evaluation as to whether it is meeting its purpose, limiting accountability for its inequitable outcomes."

“The affordable housing crisis is squeezing families across Oregon while the state’s largest spending on housing primarily flows to wealthy homeowners in the metro area. That is indefensible,” said Secretary of State Shemia Fagan. “Every dollar spent keeping seniors and working families in their homes or helping renters stay housed has been scrutinized and debated by lawmakers. Meanwhile billions of dollars just walk out the backdoor with no questions asked. I can’t think of a worse example of waste and systemic inequality than that.”

The mortgage interest deduction has been law in Oregon since 1923. This biennium alone, the deduction is expected to save taxpayers over $1.1 billion. Auditors analyzed the benefits of the mortgage interest deduction by income, geography, and race and found a disproportionate share of the benefits flow to the wealthiest taxpayers.

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Despite record revenue growth in state tax revenue in recent years, auditors recommend the Legislature identify a clear purpose for the mortgage interest deduction in statute and determine if changes are necessary to ensure the purpose is met. Auditors also recommend the Legislature identify a state agency to be responsible for regularly evaluating the policy.

While the Department of Revenue is responsible for administering Oregon tax law, changing this policy would require legislative action.


--Staff Reports

Post Date: 2022-03-16 19:46:07

Last Update: 2022-03-16 19:57:50

Editor's note: This is the fifth of a multipart series on HB 5202, the budget bill for the 2022 Legislative Session.

A somewhat confusing part of the budget is the Article XI-Q bond program, which was passed by voters in 2010. It is used to acquire, construct, remodel, repair, equip or furnish real or personal property that is owned or operated by the State of Oregon. In order to keep the State’s cost of financing as low as possible, the bonds are primarily issued on a tax‐exempt basis under the IRS federal tax code saving interest cost over the prior method of Certificate of Participation. Upon project completion, the unspent proceeds remaining are usually used to pay debt service or to be transferred to a different legislatively approved project.

ORS 286A.824 allows an agency to request financing for real or personal property projects that may be financed with Article XI-Q bond proceeds. Bond funds are not included in the agency’s budget, but in separate policy packages. But they need authorization to obligate taxpayers for the indebtedness through legislative budget bills.

SB 5701 increases bond authorizations for the 2021-23 biennium approving $156.07 million. This measure increases the general Fund support debt by $54.06 million in Article XI-Q general obligation bond authority reflected in HB 5202.

Within that authority is a decrease of $435,000 to the Department of Revenue that resulted from previously approved Article XI-Q bonds for the Electronic Valuation Information System (ELVIS). This reduction to cover the taxable portion of the project frees up $400,000 from project costs and $35,000 from costs of issuing bonds. This project total is $3,810,000 Article XI-Q bond authority remains for the 2021-23 biennium.

The Oregon Judicial Department requested an increase for the Crook County Courthouse. Approved were an additional $4,445,000 Article XI-Q bonds to finance $4,416,705 of project costs and $28,295 for costs of issuing the bonds. The authorization results in total 2021-23 Article XI-Q bond authority of $16,330,000 for the construction of a new facility to replace the Crook County Courthouse.

State Capitol Accessibility, Maintenance, and Safety Phase III, approved $19,865,000 Article XI-Q bonds to finance $19,630,000 of project costs and $235,000 for costs of issuing the bonds. The project is for capital improvements to the State Capitol Building, including upgrades to the 1938 building for improved functionality, fire protection systems, seismic retrofits, roof repairs, security upgrades, IT and media modernization, and upgrades to remaining mechanical, electrical, and plumbing equipment not addressed in Phases I and II.

New amounts are also directed to public universities in the amount of $30 million for Higher Education Coordinating Commission grants. Approved was $5.1 million to Oregon Department of Emergency Management, Resiliency Grant Fund. Lottery Bond authorization for 2021-23 are also increased in SB 5701 by $23.07 million to support three projects.

Details for bonds can be found in SB 5701 Measure Summary. Bonds are often dismissed because it isn’t a direct draw from the General Fund. But it is like charging a credit card and sooner or later the debt has to be paid by taxpayers.


--Donna Bleiler

Post Date: 2022-03-16 06:46:10

Last Update: 2022-03-14 11:09:50

The Oregon Health Authority website states, “Vaccines are safe and effective” and then delves into the requirements from the FDA to have a vaccine undergo “rigorous safety testing” before being granted an “Emergency Use Authorization”. The last sentence in the “Safety” message box says: “Millions of Americans have now been vaccinated, and strict ongoing safety checks have revealed no concerns.”

However, on the FDA website, under the approval for granting the Emergency Use Authorization (EUA) of the Pfizer BioNTech vaccine, one of the stipulations is for Pfizer to “evaluate the occurrence of myocarditis and pericarditis following administration of COMIRNATY [Pfizer’s proprietary name for their Covid vaccine].” Pfizer is to submit their final evaluation report by Oct 31, 2025. With the multibillion-dollar vaccine business at stake one must wonder what their final evaluation report will say about myocarditis and pericarditis?

The New York Press News ran a news story on March 10, 2022, titled: “Pfizer vaccine side effects: New documents uncover a shocking 158,000 adverse events”. The information received from Pfizer because of a FOIA request indicated there were over 25,000 nervous system disorders reported, as well as 17,000 musculoskeletal and connective tissue disorders and 14,000 gastrointestinal disorders. These effects were known before Pfizer applied for the EUA from the FDA. OHA says strict ongoing safety checks reveal no concerns.

The OpenVAERS (Vaccine Adverse Event Reporting System) database shows 24,156 reported cases of Myocarditis and Pericarditis in 2021, and 11,921 reported cases in 2022. OHA says strict ongoing safety checks reveal no concerns.

Of course, Oregon Health Authority -- which never issued any guidance or information that took into account natural immunity -- will be acting in lockstep with Governor Brown, the CDC, NIH, and the Biden Administration. They claim to “follow the science”. The question though is, are we really following the science, or engaged in a political shell game?


--Steve Howard

Post Date: 2022-03-15 18:17:52

Last Update: 2022-03-15 19:51:01

Editor's note: This is the fourth of a multipart series on HB 5202, the budget bill for the 2022 Legislative Session.

Gas prices has everyone concerned, but when the Whitehouse spokesperson was asked about the gas shortage, she responded with a grin, “we are obviously all in on meeting the President’s goals to get to 100 percent clean energy by 2035 and net zero carbons by 2050, and if you drive an electric car this would not be affecting you.” This statement comes after Elon Musk said that leaders of some countries have asked him to shut down satellite-based internet service and twitter inundated him to turn off all Tesla cars in Russia -- he refused. You may say that wouldn’t happen here, but we’ve already been warned of rolling blackouts when HB 2021 was passed during the 2021 Session. Can you imagine the control government would have if we all had electric vehicles? We already have smart meters on our homes.

As part of an overall statewide investment in climate, the budget adjustment bill, HB 5202, includes two separate one-time General Fund appropriations of $15 million to be deposited into dedicated funds for programs at the Department of Environmental Quality, directed by Richard Whitman. The first $15 million was deposited into the Zero-Emission Incentive Fund to provide additional funding for the electric vehicle rebate program known as the Oregon Clean Vehicle Rebate Program. This program was established in HB 2017 which passed during the 2017 Session and is funded from privilege tax revenue of approximately $12 million per year. With increased growth in the electric vehicle sector in recent years, the program is anticipated to be oversubscribed.

The second $15 million was deposited into the Medium and Heavy-Duty Electrification Fund, established in HB 4139 passed in 2022, sponsored by Representative Dan Rayfield (D-Corvallis), as a new grant program supporting medium and heavy-duty zero-emission vehicle charging and fueling infrastructure projects. This one-time funding is intended to support grants to public or private entities for capital improvements and technical assistance to support the installation of charging infrastructure for zero-emission medium and heavy-duty vehicles. Projects will be awarded through a competitive request with priority given to projects located in communities disproportionately impacted by diesel pollution or are connected to proposed or existing transportation corridor projects, and projects that demonstrate available matching funds.

A corresponding $15 million of Other Funds expenditure limitation was provided to expend the monies in the fund. Included in this amount are anticipated costs for administrating the grant program, including $373,329 in the 2021-23 biennium for one position and potential contracting costs.

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The DEQ and the Oregon Department of Transportation are directed to report back to the Joint Committee on Transportation by December 1, 2022, with an analysis of existing incentives available to support the transition to zero emission medium and heavy-duty transportation fleets. The agencies are further directed to research incentives offered in other states and to provide recommendations on expanding or creating incentives to support businesses in the transition to zero emission medium and heavy-duty vehicles. This effort should include analyses on incentives for both vehicles and electric charging or other fuel infrastructure.

Additionally, the DEQ was approved $517,000 General Fund to support laboratory operations across all three major program areas of Air Quality, Water Quality, and Land Quality. Also approved was $484,553 General Fund for information technology costs. That’s $5.5 million dedicated in the short session to convince you to buy an electric vehicle and put your transportation needs in the hands of government.


--Donna Bleiler

Post Date: 2022-03-15 06:42:23

Last Update: 2022-03-14 11:04:06

In what some are taking as a sign that COVID-driven, government grip is being loosened, Oregon Housing and Community Services will close the Oregon Emergency Rental Assistance Program Portal and stop accepting new applications after 11:59 p.m. March 14, 2022. The portal reopened on Jan. 26, 2022, for a limited time after the Oregon Legislature allocated $100 million to support renters facing eviction. The state had paused accepting new applications on Dec. 1, 2021, due to dwindling federal funds. Andrea Ball is the Executive Director of Oregon Housing and Community Services.

Upon review, applications will be approved for payment or denied. This decision will be made based upon the highest need, not on a first-come, first-served basis. If a tenant has an incomplete application in the portal, they have until March 21 to complete it. As a reminder, tenants who submit new applications can access protections from eviction for nonpayment of rent while their application is being reviewed and processed.

During this historic crisis, the agency served as a national leader in providing rental assistance to more than 40,500 households, which means an estimated 104,600 people have been able to stay safely and affordably housed during the pandemic. Only two other states have provided a higher percentage of assistance, according to the National Low Income Housing Coalition. Oregon ranks third in the nation in the percentage of emergency rental assistance funds paid out and obligated. More than $289 million has been paid in the past nine months.

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If a tenant has an incomplete application in the portal, they have until March 21 to complete it. This extension applies for applications that are incomplete at the time of closure. New applications will not be accepted after March 14. If an application is started today, tenants have one week to complete it.

Applicants can continue to log on to the OERAP portal to complete their application or check the status of their finished application. They will be alerted by email as their application advances. Tenants at immediate risk of eviction should apply for rental assistance right away to access safe harbor eviction protections and contact a legal organization.


--Staff Reports

Post Date: 2022-03-14 10:31:31

Last Update: 2022-03-14 10:34:49