OTA Dispatch Issue 3 2019

23 www.ortrucking.org Issue 3 | 2019 HB 2020 Cap and Trade The so-called “Cap and Trade” bill would have created a complex and sweeping program aimed at reducing greenhouse gas emissions in Oregon to at least 45% below 1990 emission levels by 2035 and at least 80% below 1990 emission levels by 2050. It would have connected Oregon to the Western Climate Initiative, which maintains a clearinghouse or auction where regulated entities in Oregon would purchase credits based on emission levels. The bill would have applied to gasoline and diesel importers, resulting in increased fuel prices over time. HB 2020 also provided an expedited path to the Su- preme Court on the question of whether revenues collected un- der the bill are subject to the State Highway Fund under Article 9, 3a of the Oregon Constitution. The bill had a series of public hearings and work sessions and passed the House of Representa- tives with a supermajority vote. The bill did not receive a vote in the Senate and died upon adjournment. HB 2271 Air Pollution Penalties This measure would have increased the penalty for air pollution violations from a fine to a Class A misdemeanor. While the bill passed out of com- mittee in the House, it never made it to a hearing in Ways and Means, where it remained upon adjournment. HB 2314 Lane Splitting HB 2314 would have allowed motorcycles and mopeds to travel between traffic lanes in cer- tain conditions. The bill received a public hearing but remained in committee upon adjournment. HB 2498 Independent Contractor Change This bill would have changed how Oregon businesses classify indepen- dent contractors and employees within the workforce. Ordi- narily, companies have a choice between a W-2 employee or a 1099 independent contractor. HB 2498 would have forced an employee classification anytime someone was hired to perform services that are within usual course of business of the company in question. This would require a drastic shift in how trucking companies treat owner-operators. The bill died in committee upon adjournment. HB 2655/SB 379 Workplace Marijuana This session’s workplace marijuana legislation would have prevented employ- ers from taking corrective action against employees for their use of any lawful substance during their personal time. Absent any real-time impairment testing, this would have prevented employers from acting upon any positive test results if based on lawful substances like Oregon recreational marijuana. These bills received public hearings but did not move forward in the process. SB 965 Any Drug “Any Drug” legislation made another appearance in the 2019 legislative session. It would have dramat- ically expanded DUII laws by adding a new category of impair- ment based on combinations of controlled and non-controlled substances. Under the proposed law change, a motorist could be charged with DUII for consuming a non-impairing amount of an intoxicant like alcohol or marijuana if they also had “any drug” in their system at the same time. A “drug” under SB 965 included any non-food substance intended to affect the struc- ture or any function of the body of humans or animals. This could apply to non-controlled substances such as antacids, over- the-counter pain relievers, or antihistamines. The bill received a public hearing and work session but did not move forward. HB 2714 Campaign Contribution Limits This bill would have established new limits for how much candidates and ballot measures can receive from political action committees. It created exemptions for small donors and union organization contributions, while discouraging corporate contributions. The bill passed 35-23 in the House of Representatives but ultimately died in the Senate. HB 3386 Alcohol Delivery This measure would have altered existing OLCC regulations to allow eligible businesses to deliver distilled liquor, malt beverages, wine, or cider to resi- dential locations for personal or social use. Today, this process exists for delivery of marijuana, but not for all types of alcohol. HB 3386 would have created a new permit to allow ride-sharing and food delivery services to register with OLCC and become eligible alcohol couriers. The bill made it through a public hear- ing and work session but did not pass out of Ways and Means. HB 2702 Portland Highway Speed Limits HB 2702 would have authorized the City of Portland to designate speed limits on all highways within City of Portland jurisdiction. Currently, ODOT establishes speed limits on all highways throughout the state in consultation with city and county road authorities. Passage of the measure would have likely resulted in speed reductions on highways located within Portland. The bill received a public hearing but remained in committee upon adjournment. SB 743 Highway Capacity Expansion Senate Bill 743 would have required the Department of Transportation to develop plans to add additional throughput lanes to the I-5 Rose Quarter and I-205 Abernethy Bridge widening projects. HB 3454 Weight Mile Tax Conversion This measure would convert Oregon’s current heavy truck tax system from a weight-mile tax to a combination of a diesel tax and registration fees. This would result in increased administrative efficiency, re- duced evasion, and a potential tax reduction without negatively impacting the State Highway Fund. This bill will be reintro- duced during the 2020 legislative session. HB 3156 Oil Tanker Penalties This bill would have cre- ated enhanced penalties for cargo tank trucks in the event of an oil spill. The bill did not receive a hearing. BILLS OF INTEREST TO OTA MEMBERS THAT DID NOT PASS