HOUSE COMMITTEE ON RULES AND PUBLIC AFFAIRS

 

May 20, 2003 Hearing Room E

1:00 PM  Tapes 62 - 63

 

MEMBERS PRESENT:            Rep. Dan Doyle, Chair

Rep. Linda Flores, Vice-Chair

Rep. Laurie Monnes Anderson, Vice Chair

Rep. Vic Backlund

Rep. Phil Barnhart

Rep. Betsy L. Close

Rep. Joanne Verger

 

STAFF PRESENT:                  Cara Filsinger, Administrator

Annetta Mullins, Committee Assistant

 

MEASURE/ISSUES HEARD:  HCR 10 – Work Session

                                                SB 516 B – Work Session

                                                SB 419 A – Pubic Hearing and 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 62, A

 

004

Chair Doyle

Calls meeting to order at 1:38 p.m., announces order agenda items will be considered, and opens a work session on HCR 10.

 

HCR 10 – WORK SESSION

 

014

Bruce Anderson

Office of Speaker Minnis.  Presents and explains the HCR 10-3 amendments (EXHIBIT A). 

 

045

Rep. Flores

MOTION:  Moves to ADOPT HCR 10-3 amendments dated 5/15/03.

 

050

 

VOTE:  6-0-1

EXCUSED:  1 - Rep. Monnes Anderson

 

 

Chair Doyle

Hearing no objection, declares the motion CARRIED.

 

 

054

Chair Doyle

Asks that the committee stand at ease at 1:43 p.m. while staff completes a conference call to Rep. Monnes Anderson.

 

Stand at ease at 1:43.

 

Chair Doyle

Reconvenes the meeting at 1:44 p.m. and continues work session on HCR 10.

 

056

Rep. Flores

MOTION:  Moves HCR 10 be sent to the floor with a BE ADOPTED AS AMENDED recommendation.

 

062

 

VOTE:  7-0-0

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

 

 

Chair Doyle

The motion CARRIES.

SPEAKER MINNIS will lead discussion on the floor.

 

 

 

 

 

063

Chair Doyle

Closes the work session on HCR 10 and asks that the committee stand at ease.

 

068

Chair Doyle

Reconvenes the meeting and opens a public hearing on SB 419 A.

 

SB 419 A – PUBLIC HEARING

 

073

Cindy Robert

Oregon Dry Cleaners Association.  Reviews history of legislation in previous sessions.  Explains provisions of  SB 419 A.

 

133

Rep. Verger

Asks if they have discussed what DEQ will do when a spill is found and whether the dry cleaners will be charged for the testing.

 

 

Robert

Responds that a program is followed by DEQ and Danko can respond.

 

153

Bob Danko

Department of Environmental Quality (DEQ).  Comments that the program is voluntary on the part of the dry cleaners.  DEQ works with the dry cleaners and agree on how to go through the cleanup.  States that the result of the cleanup is a “no further action” letter from DEQ which means the contamination has been addressed and the dry cleaner is free.

 

169

Rep. Verger

Asks if they DEQ would go back in a year and check.

 

 

Danko

States that a no action letter is just that.

 

 

Rep. Verger

Asks what their concern is when there is a contamination.

 

 

Danko

States the concern may be different at different sites.  The cleanup process is based on risk.  They first identify the risk and then address the risk.  Comments on various cleanup scenarios.

 

199

Rep. Flores

Asks if this is focused on accidental spills.

 

 

Robert

Responds that they would like to think all spills are accidental, but that does not come into play under this liability.  States that this bill not only gives the liability relief, it also sets forth new requirements when it comes to education to dry cleaners on how to run their business and make it environmentally friendly mechanically, and details solvent change rules. 

 

218

Rep. Close

Asks what piece of this bill was in SB 463 during the 2001 session.

 

 

Danko

Explains SB 463 in the 2001 session.

 

244

Chair Doyle

Asks about the new language in Section 5(1) imposing new fees, the exemption in (2)(a), and what would trigger the credits in (2)(b).

 

 

Danko

Explains that the “may” in line 26 is a “shall” to the DEQ.

 

 

Robert

Explains (2) is the letter after an assessment.  State that the reason for the “may” is that some facilities may choose to not be exempted for various reasons and may choose to continue paying into the fund in case a spill is found later.

 

273

Chair Doyle

Comments that his understanding is that the only time “may” equals “shall” is when it is followed by the word “not.”

 

 

Robert

Comments that this says “may” because it is the choice of the dry cleaner.

 

 

Chair Doyle

Asks how the dry cleaners can get the $1,000 credit.

 

 

Robert

Explains that a dry cleaner may have asked for an assessment and be found to be clean and not want the liability insurance any more.  They may have paid for a number of years.  This language says they may apply to DEQ to have a refund. 

 

330

Chair Doyle

Asks if Section 5(3) is an annual fee that is one percent of gross revenue to be paid by every dry cleaner.

 

 

Robert

Responds affirmatively.  Explains all the fees involved.

 

344

Chair Doyle

Asks if there is average gross revenue and how much this would generate.

 

 

Robert

States that stores that made a minimum opted out.  Some make $25,000 and others are making hundreds of thousands.  Believes their legislative chair who worked on this bill is paying about $2,000 a year prior to this bill and he will pay approximately $5,000 a year.  States that the members of the Oregon Dry Cleaners Association and the Alliance of Dry Cleaners did vote to tax themselves. 

 

399

Rep. Barnhart

Asks what a “dry” store is.

 

 

Robert

Explains that they do not do dry cleaning on the premise. 

 

417

Rep. Verger

Asks Danko if they are treating everyone fairly and equitably.

 

 

Danko

Explains that DEQ stepped back to let the dry cleaners rearrange the fees.

 

455

Robert

Comments on agreement by the work group that the gross receipts tax was the fairest way so they would not burden some of the smaller dry cleaners, especially those in rural areas.  Adds that the fees will be from $1,800 to $4,000.

 

TAPE 63, A

 

014

Chair Doyle

Closes the public hearing and opens a work session on SB 419 A.

 

SB 419 A – WORK SESSION

 

018

Rep. Flores

MOTION:  Moves SB 419 A to the floor with a DO PASS recommendation.

 

 

Rep. Verger

Comments that she does not like the bill but if the dry cleaners want to do it to themselves, then one cannot argue with that.

 

026

Rep. Flores

Comments she concurs with Rep. Verger and if the players want to have the fees to raise the funds, that is better than having to impose it on them.

 

 

Rep. Barnhart

Comments he thinks they are trying to manage a certain risk and liability and they have come up with a fund for managing it.

 

034

Chair Doyle

Comments he defers to Sen. Harper and there is obviously justification for this, but reserves the right to vote against it on the floor.

 

044

 

VOTE:  6-0-1

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

EXCUSED:  1 - Rep. Monnes Anderson

 

 

Chair Doyle

The motion CARRIES.

 

 

049

Rep. Doyle

MOTION:  Moves SB 419 A be placed on the CONSENT CALENDAR.

 

 

 

VOTE:  6-0-1

EXCUSED:  1 - Rep. Monnes Anderson

 

 

Chair Doyle

Hearing no objection, declares the motion CARRIED.

 

051

Chair Doyle

Closes the work session on SB 419 A and opens a work session on SB 516 B.

 

SB 516 B – WORK SESSION

 

 

Chair Doyle

Advises members they have the SB 516 B8 amendments (EXHIBIT B).

 

063

Harlan Levy

Staff Attorney, Oregon Association of Realtors.  Explains that after the House Water Committee sent the bill to the floor they noticed there were a couple of scribbler errors that are being fixed by lines 1-3 of the SB 516 B8 amendments.  Explains the conflict amendments contained in the SB 516 B8 amendments (EXHIBIT B), and explains the provisions of the measure.

 

097

Rep. Verger

Asks if there is a process where the landowner has any say.

 

 

Levy

Explains that the landowner will be notified and can show up at the public hearing.  This bill front loads the notification to the landowner to allow participation in the process.

 

 

Rep. Verger

Comments that is a big improvement in the process. 

 

122

Rep. Close

Notes the deleted language on page 2 of the SB 516 B8 amendments, and asked if the problem was reducing the value of the property.

 

127

Levy

Explains they have changed the language because there are situations where rezoning does not result in a reduction; it may result in an appreciation of property value.  They think the word “change” is more accurate than “reduce.”

 

143

Rep. Flores

MOTION:  Moves to ADOPT SB 516-B8 amendments dated 5/19/03.

 

143

 

VOTE:  6-0-1

EXCUSED:  1 - Rep. Monnes Anderson

 

 

Chair Doyle

Hearing no objection, declares the motion CARRIED.

 

 

146

Rep. Flores

MOTION:  Moves SB 516 B to the floor with a DO PASS AS AMENDED recommendation.

 

 

Rep. Barnhart

Comments that he will vote for the motion but there is a lot about this bill he doesn’t understand very well.  Notes that another committee has already had review of the bill, .and he will be deferring to the other committee when he votes yes.

 

159

 

VOTE:  6-0-1

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

EXCUSED:  1 - Rep. Monnes Anderson

 

 

Chair Doyle

The motion CARRIES.

REP. RICHARDSON will lead discussion on the floor.

 

 

154

Chair Doyle

Closes the work session on SB 516 B and adjourns the meeting at 2:19 p.m.

 

EXHIBIT SUMMARY

A – HCR 10, HCR 10-3 amendments, Bruce Anderson, 1 p

B – SB 516, SB 516-B8 amendments, Harlan Levy, 4 pp