HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

May 15, 2003 Hearing Room E

9:00 AM Tapes  77 - 78

 

 

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 3637 - Work Session

                                                HB 2614 – Work Session

                                                HB 2899 – 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 77, A

005

Chair Garrard

Calls the meeting to order at 9:06 and opens the work session on        HB 3637.

HB 3637 – WORK SESSION

019

Ray Kelly

Committee Administrator.  Summarizes HB 3637.  Defines the term cullet for the committee.

025

Paul Romain

Oregon Beer and Wine Distributors Association.  Addresses the bottle bill and the theories behind it. Asserts that there is no market for recycled glass and testifies in favor of HB 3637.

080

Phil Hatch

Owner, Hanes Distributing and Central Oregon Recycling.  Speaks to the problem in Eastern Oregon in disposing of recycled glass. 

102

John Fletcher

President, Container Recovery, Portland.   Addresses problems with glass recycling and expresses concern for the future of the glass recycling industry. 

131

Romain

Speaks to the imperfection of the bill, and adds that he would like to work the bill further on the Senate side. 

158

Fletcher

Clarifies transportations costs per ton.

162

Rep. Greenlick

Asks about the issue of separating glass at the home site and asks if there are special problems involved.

173

Fletcher

Replies that his plant separates crushed glass and that it is not cheap.

182

Romain

Talks to the problem of machines being unable to distinguish between different-colored glass leading to contamination.

197

Rep. Richardson

Asks the basis for this problem and whether DEQ contributed to the problem.

204

Romain

States that DEQ is not part of  this problem and that they merely enforce the laws passed by the legislature.   Points out that this bill is asking to broaden DEQ’s mandate. 

241

Bob Danko

Department of Environmental Quality (DEQ).  Testifies in opposition to HB 3637.  Acknowledges that there are problems with markets, but that this bill will undermine the public’s trust in the recycling program.

321

Rep. Rosenbaum

Asks if there’s a way to amend this bill to make it agreeable to DEQ.

326

Danko

Replies that there is not and that the bill is unnecessary.

332

Rep. Greenlick

Acknowledges that there is a problem with the recycling program.  Asks Danko what he believes the solution to the problem is.

345

Danko

Also acknowledges that there is a problem.  Posits that the California fiberglass market is an option as are other programs, although notes that those options may not be as profitable.

372

Rep. Greenlick

Asks DEQ’s position about mixing fill materials in a construction project.

377

Danko

States that roadbeds and pipe fittings are acceptable uses for cullet, but filling in holes is not.

398

Rep. Zauner

Notes that there is some disagreement from the proponents of the bill.

411

Doug Myers

Association of Oregon Recyclers (AOR).  Speaks to the value of recycling and the spillover effect if we do away with the recycling program.

 

 

 

TAPE 78, A

006

Rep. Greenlick

Asks Myers if he sees a solution to problems at the end of the line.

016

Myers

Expresses uncertainty.  Submits that recycling is a conservative value which needs to be preserved.

024

Rep. Rosenbaum

Offers an anecdote illustrating an example of taking pride in recycling.

033

Rep. Zauner

States that if the public is not informed, they won’t be outraged.

037

Myers

Notes that the media would certainly get the word out.

046

Chair Garrard

Notes that many counties are closing recycling facilities and cites the costs in shipping glass.

057

Danko

Speaks to shipping glass out of state and regulations surrounding the practice.

062

Rep. Ackerman

Asks if this bill represents a market-based solution.

066

Danko

Acknowledges that markets do need to be considered, but reaffirms the overriding concern for public perception.

092

Rep. Greenlick

Clarifies his understanding that the bill would not allow direct disposal into a dumpster.  Reaffirms the notion that recycling is a conservative value.

131

Danko

States that there is not time for such a major policy change.

141

Rep. Richardson

Posits that if DEQ had been responsible, then the legislature might not have been called upon to pass this legislation.  Asserts that that this bill does not serve the principle of conservation at any cost, but it does serve the principle of conservation for the best interests of the people.

186

Rep. Greenlick

Points out that even the testimony of the proponents of this legislation have stated that DEQ is not responsible for the present problem.

202

Rep. Richardson

Notes the alleged problems with administrative rules.

210

Kristan Mitchell

Oregon Refuse and Recycling Association (ORRA).  Responds to the prior testimony.  Speaks to the genesis of the curbside recycling program.  Addresses technological improvements to recycling and notes that there are some other options which could be considered.

311

Rep. Rosenbaum

Addresses the issue of market determination.

319

Mitchell

Downplays the significance of market determination with regard to recycling. 

339

Rep. Greenlick

Asks whether ORRA supports or opposes HB 3637.

344

Mitchell

States neutrality to the bill and offers to participate by helping to work the bill in the Senate if necessary.

352

Romain

Reiterates that the bill is not a perfect solution, but asserts that action must be taken before the problem becomes too onerous to be dealt with effectively.

400

Fletcher

Cites the current market prices for varieties of glass. Reasserts that glass will not contaminate landfills, that it will dissolve back into sand.

441

Romain

Cites the loss of breweries as a key reason for the lack of need for glass, thus exacerbating the problem.

458

Chair Garrard

Closes the invited testimony HB 3637.

The following prepared testimony was submitted for the record without public testimony for HB 3637.

 

Matt Blevins

Summarizes (EXHIBIT B).

TAPE 77, B

003

Rep. Richardson

MOTION:  Moves HB 3637 to the floor with a DO PASS recommendation.

010

Rep. Rosenbaum

Remarks that she will vote nay on HB 3637 as to uphold the will of her constituents.

013

Rep. Greenlick

Expresses concern over the legislation, but will vote to move it out of committee.  States that he has not decided how he will vote on the floor.

026

Rep. Doyle

Understands the market forces at work against this bill, but expresses concern over the legislation and will vote nay.

040

Rep. Ackerman

Speaks to the merits of HB 3637 and the practicality given the current market situation.  Notes that he will vote aye on the bill.

047

 

VOTE:  5-2

AYE:               5 - Ackerman, Greenlick, Richardson, Zauner, Garrard

NAY:               2 - Doyle, Rosenbaum

051

Chair Garrard

The motion CARRIES.

REP. RICHARDSON will lead discussion on the floor.

055

Chair Garrard

Closes the work session on HB 3637 and opens a work session on          HB 2614.

HB 2614 – WORK SESSION

060

Rep. Zauner

References Tuesdays hearing on HB 2614 and addresses the accommodations made by other committee members.

080

Chair Garrard

Empathizes with Rep. Zauner regarding HB 3211.

090

Rep. Ackerman

Asks whether the rules could be suspended to hear HB 3211.

101

Chair Garrard

Discusses the one-hour notice in relation to HB 3211.

131

Rep. Zauner

Cites prior testimony in favor of HB 2614.

133

Rep. Rosenbaum

References a consulting report and asks if Rep. Zauner agrees with the findings.

140

Rep. Zauner

States that he has no opinion on the report.

144

Chair Garrard

Closes the work session on HB 2614 and opens a work session on        HB 2899.

HB 2899 – WORK SESSION

150

Ray Kelly

Committee Administrator.  Notes that the -3 amendments were adopted on Tuesday, May 13.

163

Rep. Zauner

MOTION:  Moves HB  2899 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

169

 

VOTE:  6-0

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

EXCUSED:  1 - Doyle

173

Chair Garrard

The motion CARRIES.

175

Chair Garrard

Closes the work session on HB 2899 and reopens a work session on     HB 2614.

HB 2614 – WORK SESSION

179

Rep. Zauner

Notes the -5 amendments (EXHIBIT A).

181

Rep. Zauner

MOTION:  Moves to ADOPT HB 2614-5 amendments dated 4/15/03.

186

 

VOTE:  5-2

AYE:               5 - Ackerman, Doyle, Richardson, Zauner, Garrard

NAY:               2 - Greenlick, Rosenbaum

190

Chair Garrard

The motion CARRIES.

192

Rep. Zauner

MOTION:  Moves HB  2614 to the floor with a DO PASS AS AMENDED recommendation.

202

 

VOTE:  5-2

AYE:               5 - Ackerman, Doyle, Richardson, Zauner, Garrard

NAY:               2 - Greenlick, Rosenbaum

207

Chair Garrard

The motion CARRIES.

REP. ZAUNER will lead the discussion on the floor.

211

Chair Garrard

Closes the work session on HB 2614.

 

 

 

224

Rep. Ackerman

MOTION:  Moves to SUSPEND the rules for the purpose of setting a work session for Friday, May 16 in order to have a work session on HB 3211.

244

Rep. Zauner

Offers support for Rep. Ackerman’s motion.

253

Rep. Greenlick

Conjectures as to why HB 3211 might have been sent back to committee.

265

Rep. Rosenbaum

Asks for clarification on Rep. Ackerman’s motion.

267

Rep. Ackerman

Clarifies his motion to suspend the rules to hear HB 3211.

270

Rep. Rosenbaum

States that she will be unable to support the motion.  Expresses concern that such an action would have the effect of subverting the democratic process.

276

Ray Kelly

Committee Administrator.  Clarifies the rules regarding the motion on the table and explains how the bill would move through committee. 

311

Rep. Rosenbaum

Suggest scheduling another meeting to consider HB 3211.

355

 

VOTE:  3-3

AYE:               3 - Ackerman, Zauner, Garrard

NAY:               3 - Greenlick, Richardson, Rosenbaum

EXCUSED:     1 - Doyle

361

Chair Garrard

The motion FAILS.

372

Chair Garrard

Adjourns the meeting at 10:32 A.M.

 

 

EXHIBIT SUMMARY

 

A – HB 2615, -5 amendments, staff, 1 p.

 

The following exhibit is listed out of order in the body of the tape log.

 

B – HB 3637, written testimony, Matt Blevins, 1 p.