Dead or Alive: 2019 Legislative Session Update

Bills introduced for the 2019 Oregon legislative session at this point fall into three categories: dead, alive, or law. While there are ways to extend the life of bills or resurrect them past public hearing and work session deadlines, by now, the status of CUB’s major legislative priorities is mostly clear.

Carbon Reduction

HB 2020 creates the Oregon Climate Action Program by establishing a declining and economy-wide cap on carbon emissions. The bill represents a leading effort among states to address climate change and reflects CUB input on energy utility provisions. The Joint Carbon Reduction Committee co-chairs presented the latest version of HB 2020 at that committee’s May 6th hearing.

SB 928 establishes the Oregon Climate Authority (OCA) as a central hub for Oregon’s carbon reduction activities. The OCA would absorb most of Oregon Department of Energy’s responsibilities, as well as carbon reduction functions from the Department of Environmental Quality.

HB 2020 and SB 928 may still undergo prudent modifications, but for now they reflect significant research and input from community members and experts. SB 928 bolsters the implementation of HB 2020 but these are stand-alone bills. Elements of SB 928, particularly the Oregon Climate Board, are now included in the latest version of HB 2020.

Help CUB continue to advocate for passage of these bills in 2019. Previous blogs on HB 2020 and SB 978 include:

• CUB Applauds Oregon Climate Action Program: HB 2020
• NW Natural’s Criticism of HB 2020 Misleading, Lacks Context
• Join CUB in Support of the Oregon Climate Authority

Other Energy Bills

HB 2242 allows energy utility rate structures and programs to alleviate low-income energy burden, facilitates greater participation before the Oregon Public Utility Commission (PUC) by organizations representing low-income and environmental justice interests, and creates a low-income and environmental advocacy office within the PUC. This bill passed out of the House Energy and Environment Committee and is now in a Ways and Means subcommittee.

HB 3094 focuses on energy efficiency incentives targeting low-and-moderate-income households. The bill recognizes the critical need for a statewide incentive program. HB 3094 similarly passed out of House Energy and Environment Committee and is now in a Ways and Means subcommittee.

CUB has historically supported adequate funding for the PUC. This year’s PUC budget bill, SB 5534, is accompanied by SB 68, which increases annual fees linked to the agency’s funding. Both SB 5534 and SB 68 passed out of the Senate and we expect imminent action on both in the House.

Information Communications Technology

HBs 2184 and 2173 are alive and well, and remain top-tier priorities for CUB. HB 2184 would modernize the Oregon Universal Service Fund (OUSF). The Legislature created the OUSF in 1999 but exempted wireless service, and Voice over Internet Protocol (VoIP) was not a viable alternative to landline at the time. Only landline and certain VoIP customers pay into the fund.

Requiring all wireless and VoIP companies to pay into the OUSF would better support the existing program by reasonably compensating phone companies for their “carrier of last resort” obligation that requires them to ensure fair, safe, and reliable voice service throughout Oregon. The larger fund would also allocate $5 million per year in technology and provider-agnostic broadband infrastructure and community planning grants.

HB 2173 codifies in statute the Oregon Broadband Office (OBO). Governor Brown already created the OBO via Executive Order. Now located in Business Oregon, the OBO would oversee the newly created broadband grants program, and coordinate broadband technology policy.

CUB testified in support of these bills to the House Economic Development Committee on February 18. Both HB 2173 and HB 2184 have passed out of that committee. HB 2184 moved to the House Revenue Committee, where CUB testified again on April 2, and will meet HB 2173 in a Ways and Means subcommittee.

Help CUB continue to advocate for passage of these bills in 2019. Previous blogs on HB 2184 and 2173 include:

• HBs 2184 and 2173 Alive and Well
• CUB Supports Oregon Universal Service Fund Modernization (HB 2184) & Oregon Broadband Office (HB 2173)

CUB advocated for HB 3065 in response to SB 417, legislation from CenturyLink that would have created an opening for telecommunication carriers to inappropriately back out of their carrier of last resort (COLR) obligations. COLR requires carriers to maintain fair, safe, and reliable landline voice service throughout Oregon. HB 3065 instructs the PUC to open a public proceeding to investigate COLR and determine, if appropriate, administrative or legislative policy changes. The bill passed through the House with bipartisan support and should experience the same in the Senate.

HB 2688, Oregon “right to repair”, would break up certain manufacturers’ repair monopoly by compelling them to share diagnostic and repair information with consumers and third-party shops. Representative Jeff Barker, Chair of the House Committee on Business and Labor, declined early on to schedule a public hearing before deadlines, ultimately killing the bill for this session.

At the request of CUB and OSPIRG, Rep. Barker did hold an informational hearing on April 22. CUB, OSPIRG, repair shops, and other advocates testified in support while industry and special interest groups came out in droves to oppose. CUB and OSPIRG will continue advocacy and organizing around right to repair throughout 2019 and re-introduce the bill in 2020.

Help CUB advocate for Oregon Right to Repair in 2020. For more information, check out this radio interview CUB participated in earlier in the session. Previous blogs on Right to Repair include:

• Right to Repair for Oregon in 2020
• Oregonians Deserve the Right to Repair

CUB, ACLU, and OSPIRG authored HB 2866, the Data Transparency and Privacy Protection Act (DATPA). This bill died earlier this spring, though not before a House Judiciary Committee hearing. Talks are currently underway among CUB, ACLU, OSPIRG, and the Oregon Department of Justice (DOJ) to determine a legislative path forward. One possible process would be a standalone “right to know” bill in 2020, followed by more comprehensive 2021 legislation that may include previous HB 2866 protections around geolocation and audiovisual information.

Right to know means that consumers or advocates can formally inquire about the extent to which businesses collect and sell Oregonians’ personal information gathered through their use of a digital electronic device (phone, tablet, computer, etc.)

Help CUB advocate for Oregon Right to Know in 2020. Previous blogs on HB 2866 include:

• CUB, Other Stakeholders Present Arguments at HB 2866 Hearing
• CUB Protects Oregonians’ Digital Privacy By Way Of HB 2866

The 2019 Oregon Legislative Session ends on June 30. Until then, stay tuned to CUB’s social media channels and look for a full legislative wrap-up blog later this summer.

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