HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

February 11, 2003   Hearing Room: HR E

8:30 AM Tapes  16 - 18

 

MEMBERS PRESENT:            Rep. Bill Garrard, Chair

                                                Rep. Dennis Richardson, Vice-Chair

Rep. Cliff Zauner, Vice-Chair

Rep. Robert Ackerman

Rep. Dan Doyle

Rep. Mitch Greenlick

Rep. Diane Rosenbaum

 

STAFF PRESENT:                  Ray Kelly, Committee Administrator

David Peffley, Committee Assistant

 

 

MEASURES HEARD:                     HB 2466 – Public Hearing

LC 1465 – Work Session

                                                HB 2273 – Work Session

                                                HB 2369 – Public Hearing                                              

 

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 16, A

003

Chair Garrard

Calls the meeting to order at 8:38 AM and opens a public hearing on     HB 2466.

HB 2466 – PUBLIC HEARING

010

Ray Kelly

Committee Administrator.  Explains HB 2466.

014

Rep. Butler

HD 60, Harney County.  Testifies that he has concerns with HB 2466.  Recommends that amendments come forth in the interim in order to address the concerns of the propane industry.

041

Lana Butterfield

Northwest Propane Gas Association.  Submits (EXHIBIT A) summarizing testimony in opposition to HB 2466.  Emphasizes that the issue needs the legislature to re-examine the right-to-know program and its funding mechanism. 

108

Chair Garrard

Recesses the public hearing on HB 2466 and opens a work session on    LC 1465.

LC 1465 – WORK SESSION

111

Rep. Zauner

MOTION: Moves LC 1465 BE INTRODUCED as a committee bill.

118

Rep. Greenlick

Asks for clarification as to whether this bill would add or take away from a present statute.

121

Kelly

Affirms that this bill does neither, but that it extends a statute presently in existence.

125

Chair Garrard

VOTE:  7-0

126

Chair Garrard

Hearing no objection, declares the motion CARRIED.

128

Chair Garrard

Closes the work session on LC 1465 and opens a work session on

HB 2273.

HB 2273 – WORK SESSION

134

Kelly

Explains the -1 amendment (EXHIBIT B) to HB 2273.

144

Wendy Johnson

Oregon Law Commission.  Introduces Greg Mowe and David Kenagy.

160

Rep. Greenlick

MOTION:  Moves to ADOPT HB 2273-1 amendments dated 2/10/03.

164

Rep. Doyle

States that he thought that more issues were to be addressed by the amendment. 

170

Greg Mowe

Discusses the amendment in relationship to property-owner liability. 

230

Dave Kenagy

Executive Director, Oregon Law Commission.  States that this amendment is the most efficient way to enforce this legislation.  Believes that a comprehensive look at this issue is needed, but that this isn’t the place to do so.

252

Rep. Rosenbaum

Asks what the change from shall to may would do.

263

Mowe

Asserts that the change would allow for greater judicial review.  Believes that the courts are better suited to deal with this issue.

291

 

VOTE:  7-0

292

Chair Garrard

Hearing no objection, declares the motion CARRIED.

293

 

By unanimous consent, HB 2273 moves to the floor with a DO PASS AS AMENDED recommendation to be referred to Ways and Means by prior reference.

291

Chair Garrard

Closes the work session on HB 2273 and reopens a work session on     HB 2466.

HB 2466 – PUBLIC HEARING

322

Jim Craven

American Electronics Association Oregon Council.  Revisits the historical background of this issue.  Explains how and why the hazardous substance fee came about. 

TAPE 17, A

010

Craven

Reasserts his conviction that this program should be reconsidered, whether in an amendment to HB 2466, or in another bill. 

030

Rep. Ackerman

Asks for clarification on the fee schedule differential. 

041

Craven

States that the differences depend on the level of potential hazard.

060

Rep. Ackerman

Asks where propane is on the matrix. 

063

Craven

Defers to Bob Albers. 

066

Rep. Zauner

Asks if DEQ collects the fees.

068

Craven

Responds that the Department of Revenue collects the fees.

073

Rep. Greenlick

Asks for clarification on the amendments of 402 on item 2.

080

Craven

Refers to the deleted language and points out that there is a formula to be adhered to.

088

Rep. Greenlick

Asks for further clarification on the language of the bill in regard to the fire marshal survey.

091

Craven

Defers to Bob Albers.

100

Bob Albers

Hazmet Service Manager, Office of the State Fire Marshal’s Hazardous Materials Service programs.  Submits (EXHIBIT C) and testifies that the present fee needs to be overhauled and replaced with a more equitable hazardous substance information survey-processing fee.    

244

Rep. Ackerman

Refers to the last page of his testimony.  Asks Albers to elaborate on the fee structure and why he feels that the present structure is inadequate. 

260

Albers

Responds that the statute is too static and inflexible

266

Rep. Ackerman

Asks if giving the Department of Revenue more administrative discretion would make the system more equitable.

279

Albers

Agrees that Rep. Ackerman’s suggestion could be a viable solution, but emphasizes that he hasn’t looked at it from that angle before. 

294

Chair Garrard

Asks for clarification on Section 6, repealing ORS 453.414-the local government exemption.

301

Jim Craven

Offers insight to the Tom McCall Memorial Clause.  States local exemptions if state or federal statute override it. 

333

Albers

Clarifies the exemption further.  States that this bill has many major issues to deal with the way it’s currently written.

361

Rep. Richardson

Asks if it would be better to address HB 2533 before taking any action on HB 2466.

367

Albers

Responds that HB 2466 could be addressed, but that it would require amendments.

381

Rep. Doyle

Asks for Albers’ understanding regarding the impact on state revenue.

391

Albers

Responds to the dollar amount of the generated fees.

400

Rep. Greenlick

Asks if these theoretical violations actually occur. 

415

Albers

Responds with the  hypothetical processes in which they could occur.

TAPE 16, B

001

Rep. Greenlick

Asks if this legislation attempts to look at enforcement.

007

Albers

States that enforcement can not be proven in all cases.

016

Rep. Zauner

Asks about the collection of fees.

023

Albers

Responds to Representative Zauner’s concern about  the collection of these dedicated funds and that the collection of these fees is pretty good.

033

Rep. Richardson

Asks for a dollar figure as to how much money this generates.

037

Albers

Responds to the budgetary figures, which add up to about $5.3 million generated per biennium. 

045

Rep. Richardson

Asks if this legislation would change the number of payees.

049

Albers

Responds that under the new plan, the payments would be spread out over a wider range. 

056

Rep. Richardson

Asks about a potential amendment addressing fee assessment.

062

Albers

States belief that less than one percent of the businesses abuse this system.

075

Chair Garrard

Informs the committee that another bill will be forthcoming on the same issue.

085

Terry Witt

Executive Director, Oregonians for Food and Shelter. Gives informational testimony on the toxic right to know.   Offers to participate in a work group.  Believes that we’re trying to use a program for a broad system which was meant to be more specific. Attests to the inadequacies of the fee collection system. 

179

Rep. Ackerman

Asks if the inequity is repealed by this bill. 

188

Witt

Responds that it is, and that the reporting requirement would be changed.

196

Rep. Ackerman

Asks if this would give the Department of Revenue and the fire marshal greater administrative authority.

199

Witt

Responds that it would.

204

Glen Potter

Eugene Fire & Emergency Medical Services Department.  Submits (EXHIBIT D)  in support of his testimony in opposition to HB 2466, as it would cost the City of Eugene $100,000.

268

Rep. Doyle

Asks if there are additional fees being assigned to Eugene businesses in addition to those being assessed statewide.

271

Potter

Responds that Eugene businesses are being assessed under both programs.

275

Rep. Ackerman

Asks for the basis of assessment based on quantity.

281

Potter

Clarifies the language of the bill as it relates to assessment.

288

Rep. Ackerman

Asks for clarification whether there’s a court decision or an implication in the bill that precludes the city from assessing on a quantity basis.

297

Potter

Responds that the present bill assesses the fee, but that HB 2466 would preclude Eugene from doing so without a huge expense.

318

Bob Danko

Department of Environmental Quality (DEQ).  States neutrality on this bill.  Points out his experience dealing with the toxic clean-up program and states a willingness to serve on a work group. 

353

Chair Garrard

States that the committee will postpone action until we visit HB 2533.

358

Ted Hughes

Pacific Northwest Paint Council.  States the need to take another look at the fee schedule. 

393

Chair Garrard

Closes the public hearing on HB 2466 and opens a public hearing on

HB 2369.

HB 2369 – PUBLIC HEARING

404

Mike McCarthy

Member of the Technical Resource Committee which developed the $80,000 test in 1994.  Gives a background to the committee and their findings.  Submits (EXHIBIT E) and (EXHIBIT F) in opposition to any changes to the present statute.  Believes that weaker tests will destabilize the farm zones.

 

TAPE 17, B

027

McCarthy

Continues testimony.  Believes that the present system has served farming well and that it should remain in place..

061

Rep. Richardson

States that this bill doesn’t remove the $80,000 rule, but merely adds other provisions.  Asks witness to consider whether the present law might be made more fluid.

079

McCarthy

Believes that this is the best test that we have and that we shouldn’t change it.  The other dwellings make it difficult to farm. 

090

Chair Garrard

Reminds the witness about the water issue in Klamath Falls, which serves as an example that we could use more flexibility in the system.

095

McCarthy

States his belief that perhaps those would not be classified as high-value farmland.

105

Rep. Greenlick

Asks McCarthy to comment on the significance of the split within the farming community.

121

McCarthy

Suggests that there is a split between those who are life-long farmers versus those who are not committed to long-term farming.

137

Tom Brawley

Full-time farmer, Marion County.  States testimony in opposition of HB 2369, as those dedicated to the trade of farming would oppose this legislation.

234

Mark Nofziger

Testifies in opposition to HB 2369.  Sees this as an issue of farmers versus people who wish to settle out in the country.  Asserts that we need to protect farmland for farming, not for development. 

344

Bob Leipper

Gives testimony in support of the concept of eliminating the $80,000 rule, but is not necessarily in support of this bill.  Expresses concern that he’s being denied the right to build on his land.

385

Carrie McLaren

Submits (EXHIBIT G) as her written testimony in opposition to          HB 2369.

397

Jim Welsh

Oregon State Grange.  Testifies in support of HB 2369, as the Grange takes the official position of repealing the $80,000 rule.  Affirms that growth is inevitable and that we need to develop more land.

TAPE 18, A

010

Chair Garrard

Reminds the committee that this bill does not remove the $80,000 rule.

018

Ron Eber

Farm and Forestland Specialist, Department of Land Conservation and Development (DLCD).  States testimony in opposition to HB 2369 and submits the following exhibits:

  • (EXHIBIT H)-written testimony;
  • (EXHIBIT I)-the Gross Income Standard for Farm Dwellings

                              in Exclusive Farm Use Zones; and

  • (EXHIBIT J)-the Statewide Goals and Administrative Rules for

                               Agricultural and Forest Lands.

080

Chair Garrard

Closes the public hearing on HB 2396 and adjourns the meeting at 10:43.

 

 

EXHIBIT SUMMARY

 

A – HB 2466, written testimony, Lana Butterfield, 2 pp.

B – HB 2273, -1 amendment, staff, 1 p.

C – HB 2466, written testimony, Bob Albers, 4 pp.

D – HB 2466, written testimony, Glen Potter, 2 pp.

E – HB 2369, written materials, Mike McCarthy, 1 p.

F – HB 2369, written testimony, Mike McCarthy, 1 p.

G – HB 2369, written materials, Carrie MacLaren, 15 pp.

H – HB 2369, written testimony, Ron Eber, 7 pp.

I – HB 2369, written materials, Ron Eber, 3 pp.

J – HB 2369, written materials, Ron Eber, 66 pp.