SENATE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

 

 

March 19, 2003                                                                                                       Hearing Room C

8:00 AM                                                                                                                      Tapes  42 - 43

 

MEMBERS PRESENT:         Sen. Frank Shields, Chair

Sen. Roger Beyer, Vice-Chair

Sen. Tony Corcoran

Sen. Bill Fisher

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

Patricia Nielsen, Committee Assistant

 

MEASURE/ISSUES HEARD:           HB 2546 – Work Session

SB 95 – 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 42, A

005

Chair Shields

Calls meeting to order at 8:37 a.m.  Opens work session on HB 2546.

HB 2546 – WORK SESSION

010

Judith Callens

Committee Administrator.  Provides overview of HB 2546, which deletes the requirement that government fleet vehicles annually certify compliance with pollution control equipment requirements.

030

Sen. Beyer

Clarifies that all fleets over fifty vehicles can do their own testing.

035

Chair Shields

Points out the Department of Environmental Quality (DEQ) could change private fleet requirements by rule, but not government fleets.

050

Sen. Beyer

MOTION:  Moves HB 2546 to the floor with a DO PASS recommendation.

055

 

VOTE:  3-0

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

EXCUSED:  1 - Corcoran

 

Chair Shields

The motion CARRIES.

SEN. BEYER will lead discussion on the floor.

058

Chair Shields

Closes work session on HB 2546.  Opens public hearing on SB 95.

SB 95 – PUBLIC HEARING

060

Judith Callens

Committee Administrator.  Presents overview of SB 95, which exempts reusable syringes used in animal husbandry from infections waste disposal requirements.  Discusses -1 amendments dated 3-17-03 (EXHIBIT A).

070

Sen. Beyer

Points out letter from DEQ listing how other states regulate:

·         Washington state has county, not state regulations

·         In California, a farmer using syringes for his own livestock is exempt from the California Medical Waste Management Act

·         Idaho does not regulate this type of syringe as medical waste

·         Nevada has regulatory exemption from solid waste generated by agriculture

Points out the amendment makes Oregon the same as neighboring states.

085

Nora Schliske

Sheep rancher, Aumsville.  Testifies in support of SB 95.  Raises concerns about -1 amendments, as not doing what they should.  Provides background about ranching regulations.

155

Schliske

Continues and suggests change to original bill.  Suggests syringes used on animals, without needles, could be brought to solid waste transfer site.

160

Sen. Beyer

Asks whether she supports the -1 amendments.

170

Schliske

Expresses confusion over meaning.  Discusses destroying syringes.

180

Callens

Clarifies that destroyed is not defined in statute, so falls to common dictionary definition.

190

Brendan McCarthy

Legislative Counsel.  Discusses meaning of word destroy.

250

Marcia Keith

Oregon Veterinary Medical Association.  Testifies in favor of SB 95.  Raises concern over -1 amendment, because does not specifically list veterinarians as exempt from hazardous waste management practices.  Submits written testimony of Glen Kolb (EXHIBIT B).

285

Sen. Fisher

Suggests language to clarify wording.

300

Sen. Beyer

Clarifies in California veterinary syringes are included in medical waste but farmers and ranchers are exempt.  Desires to bring Oregon into line with nearby states.

320

Sen. Fisher

Comments the regulations are too restrictive; a farmer or rancher should be able to let the veterinarian do it.

340

Kristin Mitchell

Representing solid waste handlers.  Testifies in opposition to SB 95 and -1 amendment.  Explains enforcement problems remain the same if a syringe is recognizable as a syringe.  Suggests clarifying that the needle removed still needs to be in a sharps container.

TAPE 43, A

010

Sen. Fisher

Points out that broken plastic syringes are no more dangerous than broken glass.

015

Sen. Corcoran

Discusses sharps and appropriate disposal of sharps due to dangers.

030

Chair Shields

Clarifies the problem is that human and animal syringes look alike once in the waste stream.

035

Sen. Beyer

Asks if change to presumption in law would alleviate concerns.

038

Mary Kanz

Mid-Valley Garbage and Recycling Association; manager, Marion Environmental Services.  Testifies in opposition to SB 95.  Responds there is no way to determine where an item comes from, and seeing one syringe shuts down their system.  Expresses fear and same concerns raised when handling statutes were first discussed in the 1980s.

063

Sen. Beyer

Asks about possibility of changing law to exclude destroyed syringes.

065

Mitchell

Explains if the syringe cannot be recognized, that takes care of a big portion of enforcement.

080

Sen. Beyer

Distinguishes between illegal disposal of syringes and finding destroyed syringe in waste stream.

095

Chair Shields

Elaborates that drug-user syringes will not look like what the farmer uses.  Suggests a syringe without a needle would satisfy.

115

Mitchell

Points out that in disposal syringes can be crushed anyway.  Advises trying to make it unrecognizable as a syringe.

120

Sen. Beyer

Asks about experiences in nearby states with this exemption.

135

Bob Danko

DEQ.  Discusses information about other states.  Points out they have not researched it thoroughly enough.  Comments that a majority of states do consider ranching and farming syringes as medical waste.  Distinguishes between veterinary point of view and waste handler’s point of view.

180

Chair Shields

Asks about transmission of animal diseases to disposal workers.

190

Dr. Emilio DeBess

State Public Health Veterinarian, Health Division, Department of Human Services (DHS).  Discusses transmission of scrapies from sheep to humans.  Advises many diseases can be transferred from animals to humans.

235

Katie Fast

Oregon Cattlemen’s Association.  Raises concern that -1 amendment does not allow for re-use of syringes.  Suggests allowing delivery to recycling facility by farmer or rancher.

260

Chair Shields

Suggests that interested parties come back with a solution.  Opines it is too dangerous to move forward over the stated objections.

270

Sen. Beyer

Suggests there is no solution.  Comments that if ranchers were treated fairly this would not have come out.

290

Chair Shields

Renews offer to put a work group together and consider a compromise.

300

Sen. Beyer

Requests additional information from other states about problems due to exemption.

310

Sen. Fisher

Asks Dr. DeBess about viability of pathogens.

315

Dr. DeBess

Discusses list of diseases transferable to humans.  Clarifies that survivability of organisms depends on environment and organism.

360

Chair Shields

Closes public hearing.  Adjourns the committee at 9:29 a.m.

 

EXHIBIT SUMMARY

 

A – SB 95, -1 amendments (3-17-03), staff, 1 p

B – SB 95, written testimony, Marcia Keith, 1 p