HOUSE COMMITTEE ON

BUSINESS, LABOR AND CONSUMER AFFAIRS

 

 

April 14, 2003 Hearing Room E

8:00 A.M. Tapes  90 - 93

 

MEMBERS PRESENT:            Rep. Betsy Close, Chair

Rep. Derrick Kitts, Vice-Chair

Rep. Diane Rosenbaum, Vice-Chair

Rep. Mary Gallegos

Rep. Bill Garrard

Rep. Jeff Merkley

Rep. Mike Schaufler

 

STAFF PRESENT:                  Megan Palau, Committee Administrator

Mike Reiley, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 3528 – Work Session

HB 3170 – Work Session

                                                SB 205A – Public Hearing

                                                HB 3575 – Work Session

                                                HB 2627 – Work Session

                                                HB 3048 – Work Session

                                                HB 2765 – Work Session

                                                HB 2785 – Work Session

                                                HB 3422 – Work Session

                                                HB 2965 – Work Session

                                                HB 3476 – Work Session

 

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 90, A

003

Chair Close

Calls meeting to order at 8:08 a.m. Opens work session on HB 3528.

HB 3528 – WORK SESSION

007

Megan Palau

Committee Administrator. Summarizes HB 3528.

014

Rep. Mary Gallegos

House District 29. Testifies in support of HB 3528.

035

Rep. Garrard

Asks about collecting money for one reason and using it for another.

037

Rep. Gallegos

Responds how bill addresses money collection.

039

Rep. Garrard

Asks about collecting money.

044

Rep. Gallegos

Clarifies money collection.

048

Rep. Rosenbaum

Asks about diversion of money collected.

053

Rep. Gallegos

Responds.

058

Rep. Merkley

Asks about utility fees.

061

Rep. Gallegos

Explains that amendment may be necessary.

074

Bill Leach

Willamette Education Service District (ESD). Testifies in opposition to HB 3528.

102

Gary Conkling

Industrial Customers of Northwest Utilities. Submits and summarizes prepared testimony in opposition to HB 3528 (EXHIBIT A).

116

John Fletcher

Policy Analyst, Oregon Housing and Community Services. Submits and summarizes prepared testimony in opposition to HB 3528 (EXHIBIT B).

130

Jon Miller

Executive Director, Oregon Solar Energy Industries Association. Submits and summarizes prepared testimony in opposition to HB 3528 (EXHIBIT C)

145

Chuck McLaran

Mayor, City of Albany. Testifies in opposition to HB 3528.

165

Jeff Bissonnette

Fair and Clean Energy Coalition. Testifies in opposition to HB 3528.

180

John Blatt

Executive Director, Association of Oregon Community Development Organizations; Co-chair, Oregon Housing Coalition. Testifies in opposition to HB 3528.

195

David Tooze

Energy Division Manager, Office of Sustainable Development, City of Portland. Submits and summarizes prepared testimony in opposition to HB 3528 (EXHIBIT D).

226

Lee Beyer

Commissioner, Oregon Public Utility Commission. Explains provisions of HB 3528.

263

Brad Higbee

Renewable Northwest Project. Testifies in opposition to HB 3528.

287

Chair Close

Closes work session on HB 3528. Opens work session on HB 3170.

Written testimony submitted by Fred Heutte, Energy Issue Coordinator, Oregon Sierra Club, in opposition to HB 3528 (EXHIBIT E).

HB 3170 – WORK SESSION

290

Megan Palau

Committee Administrator. Summarizes HB 3170.

303

Rep. Betsy Johnson

House District 31. Testifies in support of HB 3170.

331

Rep. Rob Patridge

House District 6. Testifies in support of HB 3170.

358

Rep. Merkley

Asks about terminating fee.

365

Rep. Patridge

Notes that it is addressed in -1 amendment.

370

Rep. Rosenbaum

Asks about public meeting regarding decision making.

378

Rep. Johnson

Explains public meetings and decision making.

TAPE 91, A

003

Rep. Patridge

Offers further clarification.

025

Debra Kennedy

Community Action Directors of Oregon. Submits and summarizes prepared testimony in opposition to HB 3170 (EXHIBIT F).

045

Gary Conkling

Industrial Consumers of Northwest Utilities. Summarizes prepared testimony in opposition to HB 3170 (A).

048

John Fletcher

Policy Analyst, Oregon Housing and Community Services. Submits and summarizes prepared testimony in opposition to HB 3170 (EXHIBIT G).

055

Jon Miller

Executive Director, Oregon Solar Energy Industries Association. Submits and summarizes prepared testimony in opposition to HB 3170 (EXHIBIT H).

065

Jeff Bissonnette

Fair and Clean Energy Coalition, Citizens Utility Board. Testifies in opposition to HB 3170.

086

Chuck McLaran

Mayor, City of Albany. Testifies in opposition to HB 3170.

098

John Blatt

Executive Director, Association of Oregon Community Development Organizations. Testifies in opposition to HB 3170.

110

Brad Higbee

Renewable Northwest Project. Testifies in opposition to HB 3170.

115

Dave Tooze

City of Portland. Testifies in opposition to HB 3170.

131

Lee Beyer

Commissioner, Oregon Public Utility Commission. Explains provisions of HB 3170.

165

Rep. Kitts

MOTION:  Moves to ADOPT HB 3170-1 amendments dated 4/4/03 (EXHIBIT I).

 

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

175

Rep. Kitts

MOTION:  Moves HB 3170 to the floor with a DO PASS AS AMENDED recommendation.

180

Rep. Garrard

States support for HB 3170.

188

Rep. Merkley

States opposition to HB 3170.

203

Rep. Schaufler

States opposition to HB 3170.

206

Rep. Rosenbaum

States opposition to HB 3170.

216

Chair Close

States need for HB 3170.

 

 

VOTE:  4-3

AYE:               4 - Gallegos, Garrard, Kitts, Close

NAY:               3 - Merkley, Rosenbaum, Schaufler

 

Chair Close

The motion CARRIES.

REP. JOHNSON AND REP. PATRIDGE will lead discussion on the floor.

225

Chair Close

Closes work session on HB 3170. Opens work session on SB 205A.

SB 205A – PUBLIC HEARING

240

Lee Beyer

Commissioner, Public Utility Commission. Testifies in support of SB 205A.

285

Bob Jenks

Citizens’ Utility Board of Oregon. Submits and summarizes prepared testimony in support of SB 205A (EXHIBIT J).

331

Gary Bauer

Manager of Governmental Affairs, Northwest Natural. Submits and summarizes prepared testimony in opposition to SB 205A (EXHIBIT K).

383

Jim Fell

Northwest Natural, PacifiCorp. Testifies in opposition to SB 205A.

400

Rep. Rosenbaum

Asks about merits of SB 205A.

409

Bauer

Answers and addresses SB 205A.

424

Fell

Clarifies opposition to SB 205A.

TAPE 90, B

001

Chair Close

Closes work session on SB 205A. Opens work session on HB 3575.

HB 3575 – WORK SESSION

011

Gary Conkling

Associated Oregon Industries, Citizens Utility Board, Industrial Customers of Northwest Utilities. Submits and summarizes prepared testimony in support of HB 3575 (EXHIBIT L).

064

Eric Larson

Energy Manager, Wah Chang. Testifies in support of HB 3575.

072

Bob Jenks

Executive Director, Citizens’ Utility Board. Submits and summarizes prepared testimony in support of HB 3575 (EXHIBIT M).

110

David Paulson

Governmental Affairs Director, Sprint. Submits and summarizes prepared testimony in opposition to HB 3575 (EXHIBIT N).

122

Schelly Jensen

Regulatory and Governmental Affairs Director, Verizon. Testifies in opposition to HB 3575.

174

Brant Wolf

Oregon Telecommunications Association. Testifies in opposition to HB 3575.

190

Brad Van Cleve

Industrial Customers of Northwest Utilities. Testifies in support of HB 3575.

200

Alan Meyer

Western Region Energy Manager, Weyerhauser, Albany. Submits and summarizes prepared information in support of HB 3575 (EXHIBIT O).

223

Kim Burt

Westland Paper Company, Westland, Oregon. Testifies in support of HB 3575.

255

Ginny Lang

Qwest. Testifies in opposition to HB 3575.

286

Kevin Lynch

Vice-President of Government Affairs, PacifiCorp. Testifies in opposition to HB 3575.

340

Jim Fell

Northwest Natural, PacifiCorp. Submits and summarizes prepared testimony in opposition to HB 3575 (EXHIBIT P).

TAPE 91, B

011

John DiLorenzo

Portland General Electric (PGE). Testifies in opposition to HB 3575.

080

Gary Bauer

Northwest Natural. Submits and summarizes prepared testimony in opposition to HB 3575 (EXHIBIT Q).

100

Matt Saxe

Resident Manager, Boise Cascade Paper Mill, St. Helens. Testifies in support of HB 3575.

109

Chair Close

Asks about Mr. Saxe’s involvement with drafting of amendment.

111

Saxe

Explains involvement.

116

Lee Beyer

Commissioner, Public Utility Commission. Submits and summarizes prepared testimony regarding HB 3575 (EXHIBIT R).

220

Chair Close

Closes work session on HB 3575. Opens work session on HB 2627.

HB 2627 – WORK SESSION

230

Megan Palau

Committee Administrator. Summarizes HB 2627.

240

Rep. Merkley

MOTION:  Moves HB 2627 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 – Kitts

 

Chair Close

The motion CARRIES.

REP. ROSENBAUM will lead discussion on the floor.

250

Chair Close

Closes work session on HB 2627. Opens work session on HB 3048.

HB 3048 – WORK SESSION

260

Darrell Fuller

Oregon Auto Dealers Association. Testifies in support of HB 3048.

290

Rep. Kitts

MOTION:  Moves HB 3048 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Close

The motion CARRIES.

REP. KITTS will lead discussion on the floor.

305

Chair Close

Closes work session on HB 3048. Reopens work session on HB 2627.

HB 2627 – WORK SESSION

310

Rep. Gallegos

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. KITTS to BE RECORDED as voting AYE on the motion to move HB 2627 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

315

Chair Close

Closes work session on HB 2627. Opens work session on HB 2765.

HB 2765 – WORK SESSION

320

Megan Palau

Committee Administrator. Summarizes HB 2765.

330

Chair Close

Asks for explanation of -1 amendment.

335

John Van Landingham

Lane County Law and Advocacy Center. Explains -1 amendment.

350

Rep. Rosenbaum

MOTION:  Moves to ADOPT HB 2765-1 amendments dated 4/8/03 (EXHIBIT S).

352

Bruce Miller

Office of State Court Administrator. Explains sections of bill containing fiscal implications.

TAPE 92, A

002

Chair Close

Asks about electronic notary signatures and fiscal implications.

007

Miller

Explains issues with electronic signatures.

011

Van Landingham

Explains work done on issues with state courts.

025

Rep. Rosenbaum

MOTION:  Moves HB 2765 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Close

The motion CARRIES.

REP. BACKLUND will lead discussion on the floor.

035

Chair Close

Closes work session on HB 2765. Opens work session on HB 2785.

HB 2785 – WORK SESSION

040

John Powell

AT&T Wireless. Submits and summarizes prepared testimony in support of HB 2785 and -1 amendment (EXHIBIT T).

061

Kevin Martin

Land Use Consultant. Explains land use provisions regarding cell tower upgrades.

081

Rep. Schaufler

States support for HB 2785. Asks about potential decommissioning of cell towers if they become unnecessary.

088

Martin

Explains provisions regarding changes to cell towers.

095

Rep. Gallegos

MOTION:  Moves to ADOPT HB 2785-1 amendments dated 4/8/03 (EXHIBIT U).

 

 

VOTE:  6-0

EXCUSED:  1 – Kitts

 

Chair Close

Hearing no objection, declares the motion CARRIED.

100

Rep. Gallegos

MOTION:  Moves HB 2785 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

AYE:            In a roll call vote, all members present vote Aye.

EXCUSED:  1 – Kitts

 

Chair Close

The motion CARRIES.

REP. SCHAUFLER will lead discussion on the floor.

110

Chair Close

Closes work session on HB 2785. Opens work session on HB 3422.

HB 3422 – WORK SESSION

115

Megan Palau

Committee Administrator. Summarizes HB 3422.

122

Ray Phelps

PacWest Communications. Testifies in support of HB 3422. Explains -3 amendment to HB 3422.

178

Jessica Harris

Associated General Contractors. Testifies to HB 3422.

200

Rep. Kitts

MOTION:  Moves to ADOPT HB 3422-3 amendments dated 4/10/03 (EXHIBIT V).

 

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

210

Rep. Kitts

MOTION:  Moves HB 3422 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Close

The motion CARRIES.

REP. GALLEGOS will lead discussion on the floor.

215

Chair Close

Closes work session on HB 3422. Opens work session on HB 2965.

HB 2965 – WORK SESSION

225

Michael Snyder

Administrator, Oregon Landscape Contractor’s Board. Submits and summarizes prepared testimony in support of HB 2965 (EXHIBIT W).

246

Rep. Kitts

Asks about provisions of HB 2965 regarding landscape maintenance.

256

Snyder

Clarifies provisions.

262

Chair Close

Asks about relation to Consumer Price Index (CPI).

265

Snyder

Explains CPI and provisions of HB 2965.

275

Rep. Kitts

MOTION:  Moves to ADOPT HB 2965-1 amendments dated 4/8/03 (EXHIBIT X).

 

 

VOTE:  7-0

 

Chair Close

Hearing no objection, declares the motion CARRIED.

285

Rep. Kitts

MOTION:  Moves HB 2965 to the floor with a DO PASS AS AMENDED recommendation.

290

Rep. Kitts

Explains personal experience with landscape maintenance and states support for HB 2965.

 

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Close

The motion CARRIES.

REP. KITTS will lead discussion on the floor.

300

Chair Close

Closes work session on HB 2965. Opens work session on HB 3476.

HB 3476 – WORK SESSION

320

Megan Palau

Committee Administrator. Summarizes HB 3476.

334

Jeff Bissonnette

Fair and Clean Energy Coalition. Testifies in support of HB 3476.

346

Larry Hamburg

Director of Business Development, Pacific Northwest Region, Abacus Engineered Systems. Testifies in support of HB 3476.

378

Peter White

Pacific Northwest Area Public Sector Manager, Johnson Controls. Testifies in support of HB 3476.

TAPE 93, A

018

Rick Huddle

McKinstry Company. Testifies in support of HB 3476.

034

Mike Grainey

Director, Oregon Office of Energy. Testifies in support of HB 3476.

043

Rep. Schaufler

Clarifies that bill does not address prevailing wage laws.

046

Grainey

Answers that it does not.

052

Rep. Gallegos

Asks about savings in private sector from implementing ideas contained in HB 3476.

055

White

Answers.

064

Hamburg

Offers further explanation of savings.

070

White

Explains work done on Hanford project.

077

Rep. Merkley

Speaks in support of HB 3476.

085

Rep. Merkley

MOTION:  Moves HB 3476 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Close

The motion CARRIES.

REP. MERKLEY will lead discussion on the floor.

092

Chair Close

Closes work session on HB 3476. Adjourns meeting at 10:35 a.m.

 

 

 

 

EXHIBIT SUMMARY

 

A – HB 3528 & HB 3170, written testimony, Gary Conkling, 2 pp.

B – HB 3528, written testimony, John Fletcher, 4 pp.

C – HB 3528, written testimony, Jon Miller, 2 pp.

D – HB 3528, written testimony, David Tooze, 2 pp.

E – HB 3528 & HB 3170, written testimony, Fred Heutte, 2 pp.

F – HB 3170, written testimony, Debra Kennedy, 1 p.

G – HB 3170, written testimony, John Fletcher, 4 pp.

H – HB 3170, written testimony, Jon Miller, 2 pp.

I – HB 3170, -1 amendment, staff, 1 p.

J – SB 205A, written testimony, Bob Jenks, 2 pp.

K – SB 205A, written testimony, Gary Bauer, 2 pp.

L – HB 3575, written testimony, Gary Conkling, 2 pp.

M – HB 3575, written testimony, Bob Jenks, 12 pp.

N – HB 3575, written testimony, David Paulson, 1 p.

O – HB 3575, written information, Alan Meyer, 8 pp.

P – HB 3575, written testimony, Jim Fell, 5 pp.

Q – HB 3575, written testimony, Gary Bauer, 1 p.

R – HB 3575, written testimony, Lee Beyer, 7 pp.

S – HB 2765, -1 amendment, staff, 59 pp.

T – HB 2785, written testimony and information, John Powell, 7 pp.

U – HB 2785, -1 amendment, staff, 5 pp.

V – HB 3422, -3 amendment, staff, 2 pp.

W – HB 2965, written testimony, Michael Snyder, 1 p.

X – HB 2965, -1 amendment, staff, 1 p.