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.