HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

February 18, 2003   Hearing Room HR E

8:30 AM Tapes  21 - 22

 

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

 

 

MEASURE/ISSUES HEARD:            HB 2208: Reconsideration and Work Session.

                                                HB 2533: Public Hearing

                                                HB 2158: 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 21, A

003

Chair Garrard

Calls the meeting to order at 8:36 and opens a reconsideration and work session on HB 2208.

HB 2208 - RECONSIDERATION AND WORK SESSION

010

Rep. Richardson

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 2208.

015

 

VOTE:  6-0

EXCUSED:  1 - Doyle

 

Chair Garrard

Hearing no objection, declares the motion CARRIED.

017

Rep. Richardson

MOTION:  Moves to RECONSIDER the vote by which HB 2208 was sent to the floor "Recommending DO PASS WITH AMENDMENTS".

019

 

VOTE:  6-0

EXCUSED:  1 - Doyle

022

Chair Garrard

Hearing no objection, declares the motion CARRIED.

024

Rep. Greenlick

MOTION:  Moves HB  2208 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.

028

 

VOTE:  6-0

EXCUSED:  1 - Doyle

030

Chair Garrard

Hearing no objection, declares the motion CARRIED.

033

Chair Garrard

Closes the work session on HB 2208 and opens a public hearing on HB 2533.

HB 2533 – PUBLIC HEARING

038

Ray Kelly

Summarizes HB 2533.

042

David Monk

Oregon Toxics Alliance.  Takes issue with the addition in HB 2533 that would exempt certain persons from paying into the program.  Encourages the committee not to move forward on this bill, but offers to participate in a work group.

100

Rep. Greenlick

Asks how companies might opt out. 

103

Monk

Explains how HB 2533 would exempt them from payment. 

116

Rep. Greenlick

References the addition on Page 2, Line 18.

122

Rep. Ackerman

References ORS 465.018 and submits a copy for the record  (EXHIBIT A).  Asks Monk if that is the statute which contains the exemption.

138

Monk

Responds that it is.

143

Brian Doherty

Western States Petroleum Association.  Cites the committee’s desire to blend HB 2466 with HB 2533 in an interim committee.  Testifies that they’d like to include an amendment to the bill.

180

Ted Hughes

Pacific Northwest Paint Council.  Believes that an interim task force would properly address the issue of fairness in this bill.  Recommends sunseting the toxic use reductions part of the fee, starting in July 2005.

222

Rep. Greenlick

Confirms Hughes’ position calling for a sunset.  Asks why that should happen rather than having a work group address the issue.

230

Hughes

Asserts the Paint Council’s belief that it’s outdated and unfair. 

243

Rep. Greenlick

Asserts that if the evidence is so compelling than it certainly would be addressed by a work group.  Believes that we should study before acting. 

255

Hughes

Believes that the difference between his position and Rep. Greenlick’s, is a philosophical difference. 

268

Bob Danko

Department of Environmental Quality (DEQ). Submits (EXHIBIT B)  and attests to the success of DEQ partnerships with businesses in reducing and eliminating the use of toxic chemicals and hazardous waste.  States support for another look at the issue, but underscores the successes of the program since 1989. 

TAPE 22, A

033

Rep. Ackerman

Asks if Danko is ready to testify to the amendment in HB 2533.

040

Danko

Replies that it is a complex question.

066

Rep. Ackerman

Asks about the exemption in HB 2533.

070

Danko

Confirms the purpose of the amendment.

078

Rep. Ackerman

Asks how this bill passage would affect DEQ’s funding.

082

Danko

Responds that it wouldn’t affect DEQ’s funding.

090

Rep. Ackerman

Asks if this bill would just shift the funding of the fees to other users.

095

Danko

Affirms that it would.

100

Rep. Ackerman

Asks if the fire marshal could withhold funds.

102

Danko

Responds that it’s not discretionary and that the marshal couldn’t back out. 

108

Rep. Ackerman

Reaffirms that this bill would not have a fiscal impact.

110

Danko

Asserts that it would not have a fiscal impact, but reaffirms that DEQ doesn’t believe that it’s a very good public policy.

120

Bob Albers

Hazmet Services Manager, State Fire Marshal.  Affirms Danko’s testimony.  Attests to the effects of HB 2533 regarding fee payment. 

145

Rep. Ackerman

Asks if HB 2533 is revenue neutral. 

150

Albers

Once again affirms Danko’s assertions and that HB 2533 would be revenue neutral. 

161

Rep. Ackerman

Asks if the fire marshal approves of this bill.

163

Albers

Speaks to the merging of the two bills and would like to help work out a compromise solution.  Reaffirms that the Fire Marshal is absolutely against HB 2533 as written.

181

Chair Garrard

Asks Albers for the annual fee range.

185

Albers

States the range of fees involved and the median.  States that he will provide the committee with hard figures.

200

Chair Garrard

Asks for confirmation that those presently paying $500 could end up paying $5000.

201

Albers

Affirms that some could end up paying $13,000

206

Chair Garrard

Asks what effect this would have on the state fire marshals. 

211

Albers

Replies that they wouldn’t have enough funding to operate at their present level. 

216

Chair Garrard

Asks if the FTE would be effected by passage of this law. 

218

Albers

Responds that it would.

228

Rep. Rosenbaum

Asks who is required to file and whether the program is voluntary or enforcement based.

237

Danko

Responds that it is not voluntary and that most people do comply. 

254

Rep. Rosenbaum

Asks if there is an incentive to cheat by not filing.

257

Danko

Replies that there may be, but asserts that most businesses are behaving honorably.

264

Albers

Adds that the fire marshal is not involved in reporting.

277

Jim Craven

American Electronics Association.  Offers a historical look at the reasons behind this bill and how it has been implemented since 1989.  Believes that the present program has merits, but could use another look.  Asserts that he wouldn’t support HB 2533 as written and announces that he would like to participate in a study group. 

396

Chair Garrard

States that the committee is looking for answers.  Asks Butterfield and Hughes how they would like to proceed from this point.

400

Lana Butterfield

Asks for a work group solution first, and an amendment second. 

417

Ted Hughes

Agrees with Butterfield on the need for a work group.

431

Chair

Announces that he will move to create a work group to solve the issue of HB 2533 and HB 2466.  Closes the public hearing on HB 2533 and opens a public hearing on HB 2158.

HB 2158 – PUBLIC HEARING

TAPE 21, B

004

Bill Foster

Department of Administrative Services (DAS) Facilities Division.  States that DAS wants to move to amend HB 2341 which would address this issue.  If this occurs, then HB 2158 would be dropped.

018

Chair

Closes the public hearing on HB 2158 and adjourns the meeting at 9:35.

 

 

EXHIBIT SUMMARY

 

A – HB 2533, ORS section 465.018, Rep. Ackerman, 1 p.

B – HB 2533, written information, Bob Danko, 24 pp.