OTA Dispatch Issue1, 2021

15 www.ortrucking.org Issue 1 | 2021 to obtain the goodwill of a member or employee of the legislature. This may be the foundation for lobbying efforts, but it’s simply the launching pad for all of OTA’s outreach. At the start of each year, OTA’s government affairs team braces for another legislative session. It won’t come as a shock that the opportunity to have reasonable discussions, much less respectful disagreements, has deteriorated alarmingly over the past few years. The new tribal approach to politics has resulted in some creative actions and questionable outcomes. The 2021 session is shaping up to be even more interesting with the added obstacle of remote meetings and workgroups because of the ongoing COVID-19 pandemic. It seems working remotely has led to a significant increase in workgroups and task forces, but will the ability to hit “mute” help or hinder the work being done? Only time will tell, but it will certainly be more challenging to grab the attention of key decision makers. Having that face-to-face interaction has always been an important element in building solid working relationships with legislators. In our current virtual world, OTA will need to find new ways to have an impact and that will require more involvement from our members—but more on that later. In the past, members of OTA’s government affairs team have been in the center of the action at the Capitol, representing trucking on each appropriate task force, testifying in front of committees and essentially acting as the face of the trucking industry. They continue to do so via Zoom, conference calls, email, and any other method needed to get the job done. The venue may have changed, but the commitment has not. Multiplying Committees In Oregon, when it comes to any type of infrastructure or transportation planning, committee is key. Now multiple committees cover not only the proposed project, but also the social impacts of the work. OTA serves on many of these groups, attempting to navigate through the quagmire of equity considerations and keep the focus on creating safe, efficient routes for both freight and other motorists. Unfortunately, at least one planned project that would relieve a serious bottleneck in Portland has come to a standstill over newly generated community concerns. This comes after funding mechanisms were in place and after the trucking industry and Portland- area motorists have started paying into it. This is just one of many concerns that requires OTA’s input and presence. There are likely proposals and plans in your own backyard that would benefit from having trucking’s perspective as part of the process. OTA staff, outside government affairs team, and board members can cover a lot of ground, but they can’t be everywhere at once. As the popularity of committees—especially in a virtual world—continues to grow, more support and involvement from our members will be needed. Again—more on that later… Government’s “Blurred Lines”— Is That Even Legal? This is an excellent and necessary question for Oregon’s legislative and executive branches—and even the judicial branch—of government, as there appears to have been some substantial “mission creep” in recent years. The lines between the three branches of government have blurred to such a degree that OTA was compelled to start a separate legal fund. A hyper-partisan political environment, with one party having a super-majority, can result in all branches acting in concert to promote a singular effort with no respect for the roles they play. At the end of the 2020 legislative session, with Democrats once again unable to pass their own carbon policy (thanks to another Republican walkout), Gov. Kate Brown took matters into her own hands. As the state and the country were on the verge of a global pandemic and eventual shutdown, Brown issued her Executive Order on Climate Action. In the guise of directing state agencies to take action to reduce and regulate greenhouse gases, it effectively create laws without the benefit of legislative or public approval. If you refer to our refresher of what each branch of government is responsible for, you’ll see that this falls well outside her realm of responsibility as the head of Oregon’s executive branch. Soon after the executive order was released, OTA and a group of diverse plaintiffs filed a lawsuit in response. The intent of the lawsuit is not to question the governor’s motivation or authority to issue executive orders, but instead to ensure our state leaders follow Oregon’s constitutional framework. The Oregon Constitution clearly delineates the roles of the governor and legislative branch. By rewriting what already exists in state statute, Gov. Brown exceeds her constitutional authority. OTA’s newly developed legal fund allows the association to follow the fight into all arenas, not just in front of the legislature or in the court of public opinion, but in the courts themselves. A federal administration in lockstep with state governments like Oregon will drive climate change policies into all aspects of doing business, no matter the cost to companies or consumers. Well-funded environmental and other special-interest groups already have their law firms and expert witnesses on speed dial. OTA and other business-minded organizations must have the agility and resources to meet these challenges. The legal fund makes that possible. How the U.S. Government is Organized It may have been a few years since we sat in a classroom and learned about the three equal branches of government and the concept of checks-and-balances. It appears that some politicians may have forgotten that lesson, as well.