During the one-day second special session, the Oregon Legislature passed two budget bills—SB 5721 and SB 5722—relating to public construction. While SB 5721 increases bond authorizations for the 2019-2021 biennium and revises previously approved bond authorizations, SB 5722 establishes expenditure limitations for capital construction projects in excess of $1 million. Among other things, SB 5721 authorizes bond authority to fund four new capital construction projects at public universities: Oregon Institute of Technology Boivin…

After four years of deliberation and analysis, the Portland City Council adopted the Residential Infill Project (RIP) on August 12, 2020. According to the City, RIP legislation is intended to increase housing opportunities by opening up the types of dwelling units that can be constructed in residential zones that have historically not allowed them, namely those zones that allow primarily single-family residential units. Under RIP, triplexes, fourplexes, sixplexes and cottage clusters will now be allowed…

The U.S. Department of Justice recently issued a new policy on limiting federal civil enforcement penalty actions under the Clean Water Act when a state is already enforcing. The Assistant Attorney General for the Environment and Natural Resources Division concluded at pages 6-7: “Accordingly, I have come to the conclusion that – – as a matter of enforcement discretion – – civil enforcement actions seeking penalties under the CWA will henceforward be strongly disfavored if…

Washington continues to expand its protection of subcontractors from the dubious business practice of bid shopping, at least on public works projects. Washington law requires that general contractors list subcontractors that are to perform certain parts of a public works project expected to cost over $1 million (RCW 39.30.060). If more than one subcontractor is listed, or the general contractor fails to list a subcontractor, the bid is deemed void. This requirement is meant to…