Portland City Council City Life Committee Meeting 09/22/26
Portland's banning surveillance pricing 4-1, stores can't charge you different prices based on your data, takes effect July 2027. Morillo tried to close a loophole letting stores still target discounts by shopper data but got shot down 2-3, so she voted no on the whole thing.
Summary
A proposed ban on surveillance pricing, where retailers set prices for individual shoppers based on their personal data, is headed to the full City Council after a 4-1 committee vote. The ordinance from Councilor Eric Zimmerman would also limit retail price increases to once per calendar day. It applies to all retail vendors and third-party delivery services and would take effect July 1, 2027. Loyalty programs, coupons, and group discounts for veterans, seniors, students and others are not affected. Penalties are $1,000 for a first violation in a calendar year, $5,000 for a second and $7,500 after that, and a business can avoid a first penalty by fixing the problem within 45 days. Supporters said grocery stores in Portland are not using this kind of pricing today, and the ordinance is meant to discourage investment in electronic pricing systems that could make it possible. The grocery workers' union (UFCW Local 555) and the Northwest Grocery Retail Association both supported the ordinance, though the grocers said they would prefer the issue be handled at the state level.
Councilor Morillo argued the ordinance leaves a loophole: stores could still offer different discounts to different shoppers based on their data. She proposed amendments requiring equal discounts for everyone who qualifies, a right for individuals to sue, record-keeping requirements, and removal of the clause that lets state law override the city rule. The grocers' association said these changes would effectively eliminate loyalty programs and burden small grocers, and the union asked for more time to review them. The amendment failed 2-3, with Councilors Morillo and Avalos in favor. Morillo then voted against the ordinance itself. Avalos voted yes but said she has concerns and will keep working on it before the full council vote.
Two resolutions also advanced. One, also from Councilor Zimmerman, creates a fund that lets Portland Fire & Rescue save unspent general fund money to replace all firefighter gear once gear free of PFAS chemicals is proven safe. Fire Chief Lauren Johnson said current gear costs about $4,500 per set and no proven PFAS-free option exists yet. The other, from Councilor Novick, opposes federal legislation that would block cities, counties and states from suing fossil fuel companies over climate damages; it passed 4-0 with Zimmerman absent. All three items now go to the full council. The committee meets again in two weeks to discuss the Advance Portland economic development strategy and the city's policy on selling publicly owned land.
Key Points
- The committee sent Councilor Zimmerman's ordinance (2026-308) to the full council on a 4-1 vote, with Councilor Morillo opposed. The ordinance bans surveillance pricing and limits retail price increases to once per calendar day.
- Councilor Morillo proposed a large amendment package (Morillo 1), which failed 2-3. It would have required equal-value discounts for all who qualify, created a private right of action, added record-keeping duties, and removed the state-law preemption clause.
- The ordinance does not restrict loyalty programs, coupons, member pricing, or group discounts such as veteran, senior, and student discounts. It takes effect July 1, 2027. Penalties are $1,000, $5,000 and $7,500 for escalating violations in a calendar year, and a first violation can be cured within 45 days.
- Councilor Zimmerman's resolution (2026-286) was sent to the full council. It creates a PFAS Replacement Sub-Fund so Portland Fire & Rescue can save general fund underspend to replace firefighter turnout gear once PFAS-free gear is proven safe.
- Councilor Novick's resolution (2026-309) was sent to the full council 4-0, with Councilor Zimmerman absent. It opposes the federal 'Stop Climate Shakedowns Act' and supports the right of cities, counties and states to sue fossil fuel companies over climate damages.
Votes (6)
Approval of City Life Committee Minutes
Approve minutes for the July 14, July 28 and August 11, 2026 committee meetings
Zimmerman 1 Amendment to Ordinance 2026-308
Adds a definition of 'retail price' (the current price before loyalty pricing, promotions, sales, discounts or premium fees), makes wording changes to the loyalty and discount exemptions, and simplifies the clause stating the chapter is superseded by conflicting state law.
Morillo 1 Amendment to Ordinance 2026-308
Amendment package with several parts: requires discounts to be of equal value to all who qualify, limits tiered discounts to prior purchase history, adds records requirements and a private right of action, includes advertised price in the retail price definition, and removes the state preemption language.
Ordinance 2026-308 as amended (Consumers Opposed to Surveillance Technology / COST Ordinance)
Refers to full council an ordinance adding City Code Chapter 7.28. It regulates dynamic pricing (no more than one price increase per calendar day) and prohibits surveillance pricing based on personal data for retail vendors and third-party delivery providers.
Resolution 2026-286 – Protect Portland Firefighters from Job Related Risks
Refers to full council, recommending adoption, a resolution creating a PFAS Replacement Sub-Fund in the Fire Capital Fund. It directs Portland Fire & Rescue to monitor PFAS-free gear and transition once that gear is proven, with annual reporting.
Resolution 2026-309 – Support the Preservation of Court Access to Protect Taxpayers from Extreme Weather Costs
Refers to full council a resolution opposing federal legislation that would preempt state and local climate lawsuits against fossil fuel companies.
Action Items
- The COST Ordinance (2026-308) as amended goes to full council for a vote.
- Councilor Morillo will send her amendment language to UFCW Local 555's attorneys for review ahead of full council.
- Councilor Avalos plans to contact stakeholders about improving the COST Ordinance before the full council vote.
- Councilor Morillo's office will post her presentation slides online with the office's contact information.
- Councilor Zimmerman's office will provide information on other financial policies that direct bureau underspend before the PFAS resolution reaches full council.
- Portland Fire & Rescue will report annually to the City Administrator on the PFAS-free gear market, timeline and costs, and the City Administrator will report to council.
- The PFAS sub-fund resolution (2026-286) and the court access resolution (2026-309) go to full council.
- The next meeting in two weeks will cover Advance Portland, the city's public land disposition policy, and a specific property transfer request.
Issues Discussed (13)
The City Life Committee advanced Councilor Zimmerman's ordinance banning surveillance pricing and limiting retail price increases to once daily to the full Council on a 4-1 vote, with Councilor Morillo opposed. Morillo's amendment package requiring equal discounts for all qualifying shoppers, a private right of action, and record-keeping requirements failed 2-3 before the ordinance itself advanced.
The committee advanced Councilor Zimmerman's resolution to the full council, which would let Portland Fire & Rescue bank unspent general fund money to eventually replace all firefighter gear with PFAS-free equipment. Fire Chief Lauren Johnson noted current gear costs about $4,500 per set and that no proven PFAS-free alternative currently exists.
This meeting summary does not contain any information about the "Third-Party Enforcement and Accountability Conditions for Zenith Franchise" issue; it focuses on a surveillance pricing ordinance, PFAS firefighter gear funding, and a resolution opposing federal climate liability legislation.
Not addressed in this meeting; the committee's discussion and votes focused on the surveillance pricing ordinance, the PFAS-free firefighter gear fund, and a resolution opposing federal climate lawsuit restrictions.
Not addressed in this meeting; the summary covers surveillance pricing, PFAS-free firefighter gear, and climate liability legislation, with no discussion of Vision Zero intersection safety improvements.
Referenced only tangentially: the committee advanced a related resolution letting Portland Fire & Rescue bank unspent general fund money to replace firefighter gear once PFAS-free equipment is proven safe, but no discussion of a fire fee schedule update or public input process occurred in this meeting.
Not mentioned in this meeting summary; the session focused on a surveillance pricing ordinance, a PFAS-free firefighter gear fund, and a resolution opposing federal limits on climate lawsuits.
The committee advanced a resolution from Councilor Zimmerman establishing a fund allowing Portland Fire & Rescue to save unspent general fund money for replacing all firefighter gear once a PFAS-free option is proven safe. Fire Chief Lauren Johnson noted current gear costs about $4,500 per set and that no viable PFAS-free alternative currently exists.
The committee passed Councilor Novick's resolution opposing federal legislation that would block cities, counties, and states from suing fossil fuel companies over climate damages, on a 4-0 vote with Zimmerman absent. The resolution now advances to the full council.
A resolution from Councilor Zimmerman advanced that would let Portland Fire & Rescue bank unspent general fund money to eventually replace all firefighter gear with PFAS-free alternatives once a safe option is proven. Fire Chief Lauren Johnson noted current gear costs about $4,500 per set and no proven PFAS-free option currently exists; the item now heads to the full council.
A resolution from Councilor Novick opposing federal legislation that would prevent cities, counties, and states from suing fossil fuel companies over climate damages passed the committee 4-0, with Zimmerman absent, and now heads to the full council.
The City Life Committee advanced Councilor Zimmerman's ordinance banning surveillance pricing and limiting retail price increases to once daily to the full Council on a 4-1 vote, with Morillo opposed. Morillo's amendment package requiring equal discounts, a private right of action, and record-keeping requirements failed 2-3, after grocers and the union raised concerns about its impact on loyalty programs and small businesses.
Referenced during broader budget discussion; the meeting summary does not contain specific information about this issue.