SENATE COMMITTEE ON RULES

 

 

July 1, 2003                                                                                                             Hearing Room B

1:30 P.M.                                                                                                                     Tapes  76 - 79

 

MEMBERS PRESENT:         Sen. Bev Clarno, Co-chair, Presiding

Sen. Kate Brown, Co-chair

Sen. Jason Atkinson, Vice-chair

Sen. Ginny Burdick, Vice-chair

Sen. Roger Beyer

Sen. Tony Corcoran

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Jeana Harrington, Committee Assistant

 

MEASURES HEARD:                       SB 902 – Public Hearing

HB 3632A – Public Hearing

Executive Appointments

      Oregon Liquor Control Commission

            Phil Lang

            Robert Rice

      State Parks and Recreation Commission

            David Kottkamp

Work Session – Consideration of legislative concepts for drafting and

                            introduction

HB 3272A – Work Session

HB 2617A – 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 76, A

005

Co-chair Clarno

Calls meeting to order at 1:37 P.M. Opens public hearing on SB 902.

SB 902 – PUBLIC HEARING

008

Jim Stembridge

Committee Administrator. Summarizes SB 902.

012

Sen. Bill Fisher

Senate District 1. Testifies in favor of SB 902.

027

Rep. Wayne Krieger

House District 1. Testifies in favor of SB 902. Notes the problems relating to transportation of flammable liquids. States his wishes to further the efforts on reducing the markup on fuel.

063

Co-chair Clarno

Appreciates the efforts on the measure.

066

Brian Bollock

Project Coordinator, Port of Brookings Harbor. Explains his position. Testifies in support of SB 902. Informs of the process behind purchasing and transporting fuel. Speaks on the competition among prices for fuel. Notes the Oregon Coast was neither included in reduced prices nor part of the competition.

111

Sen. Burdick

Asks whether stations would require full service gas services.

114

Bollock

Affirms as it is in adherence with Oregon law.

116

Sen. Burdick

Clarifies there will be no “car locks” on gas tanks.

119

Bollock

Responds there would not be “car locks” as stations would be public.

123

Sen. Burdick

Clarifies and requests Mr. Doherty’s position of employment.

126

Bollock

Answers he manages a fuel station at a marina.

130

Sen. Corcoran

Questions the bill is a request for larger government. Notes Sen. George’s tendency toward smaller government.

133

Sen. George

Concurs. Offers an alternative perspective and reasoning behind support of the measure. Speaks on the unfair advantage to small business and to the coastal operations.  

147

Sen. Corcoran

Remarks.

152

Bollock

Offers an editorial from his local paper concerning Fred Meyer gas prices (EXHIBIT A). Summarizes the article for the committee.

176

Sen. George

Speaks further on gas prices.

187

Paul Romain

Oregon Petroleum Manufacturers Association (OPMA). Testifies in opposition to SB 902. Informs the committee of an article on the issue. Speaks on competition among stations and related compensation.

257

Sen. Corcoran

Poses question regarding gas prices in California.

259

Romain

Responds the price of gas is much higher in California.

268

Brian Doherty

Western States Petroleum Association. Testifies in opposition to SB 902 (EXHIBIT B). Provides history behind gas price distributions.

325

Romain

Suggests the potential for a supply line as an economic development project.

335

Co-chair Clarno

Refers to a note from Sen. Fisher stating that the most recent gas the Port of Coos Bay purchased was $1.42 a gallon from Sacramento.

343

Steve O’Toole

Executive Director, OPMA. Speaks on temporary volume allowances regarding competition.

369

Co-chair Clarno

Closes public hearing on SB 902. Opens public hearing on HB 3632A.

HB 3632A – PUBLIC HEARING

372

Jim Stembridge

Committee Administrator. Summarizes HB 3632A.

380

Rep. Lane Shetterly

House District 23. Testifies in support of HB 3632A. Informs of the committee vote in House Revenue and on the floor on the measure. Speaks on the benefits of HB 3632A.

TAPE 77, A

020

Rep. Shetterly

Responds to opposing viewpoints encountered on the measure. Suggests the committee consider the bill as the alternative costs would not be acceptable to the citizens of Oregon. Believes the bill provides a balance for economic revitalization and environmental standards. Speaks on state forest lands.

125

Co-chair Clarno

Appreciates Rep. Shetterly’s work on the measure.

130

Rep. Shetterly

Emphasizes no money is anticipated for the measure and that the bill could eventually obtain revenue. Notes the bill will not be a “quick fix” to the economy.

137

Co-chair Clarno

Comments.

143

Sen. Burdick

Asks if trees with Swiss Needle Disease are usable timber.

146

Rep. Shetterly

Affirms and explains the disease inhibits growth of timber. Explains the objective is to move the infected trees out.

150

Sen. Burdick

Concurs that changes be made on the issue. Requests a provision in the bill regarding harvest.

160

Rep. Shetterly

Responds it was not intended and merely overlooked.

164

Sen. Burdick

Refers to section one of HB 3632A and restates her issue.

170

Rep. Shetterly

Responds regarding limitations on sustainable harvest.

180

Sen. Brown

Assumes that there is no public benefit from use of private lands. Poses question regarding public benefit.

190

Rep. Shetterly

Replies regarding private forest lands and their purpose. Speaks on the history behind them.

217

Sen. Brown

Questions Rep. Shetterly earlier statement on state forest lands.

220

Rep. Shetterly

Responds it was not his intent to imply that state forest lands had been neglected.

240

Steve Thomas

Board of Forestry. Testifies in opposition to HB 3632A. Introduces himself and defers to Mr. Holloway.

255

Ross Holloway

Oregon Department of Forestry (ODF). Testifies in opposition to HB 3632A (EXHIBIT C). Refers to attachment regarding the Tillamook State Forest (C). Speaks on the specific improvements and projects ODF has instituted. Notes the counties are directly supporting the efforts of ODF. Explains the specific opposition to the bill.

394

Charlie Stone

Assistant State Director, ODF. Testifies in opposition to HB 3632A. Speaks on the requirements of the Forest Practices Act.

TAPE 76, B

020

Sen. Brown

Provides her perspective on the measure. Requests what detriment the bill will inflict on Oregonians.

025

Stone

Responds with regard to regulation of forest lands. Voices concern over changing forest management practices.

045

Co-chair Clarno

Clarifies he stated practices were more restrictive on private land than on state land.  

048

Stone

Negates. Explains that the Forest Practices Act covers certain practices. Points out that the structure of the bill ultimately amends part of the Forest Practices Act.

069

Helen Westbrook

Clatsop County Board of Commissioners. Testifies in opposition to HB 3632A (EXHIBIT D). Lists reasons for opposition.

094

Sen. Brown

Asks how many members serve on commission.

095

Westbrook

Answers five.

096

Sen. Brown

Requests the vote.

097

Westbrook

Answers four to one.

100

Linda Modell

Benton County Board of Commissioners. Testifies in opposition to HB 3632A. Lists reasons for opposition to the bill. States disappointment regarding harvest levels. Speaks on jobs in Benton County.

167

Tim Josi

Tillamook County Board of Commissioners; Vice Chair, Forest Trust Land Council. Testifies in opposition to HB 3632A (EXHIBIT E). Notes he is opposed to the bill although the other two member of the Tillamook County board are in favor. Explains that both organizations do not support the bill overall. Refers the committee to EXHIBIT E to explain the State Forest Management Plan (SFMP). Overviews and explains the graphs included in EXHIBIT E. Concludes that the current SFMP could be a model for the nation.

364

Sen. Beyer

Comments concerning the statements made on congressional and court involvement. 

375

Josi

Responds regarding unintended impact by legislation.

388

Sen. Beyer

Remarks.

404

Howard Sohn

Board of Forestry. Testifies in opposition to HB 3632A (EXHIBIT F). Lists concerns with the measure.

TAPE 77, B

029

Sen. Brown

Speaks on the Oregon Plan and poses question.  

033

Sohn

Responds regarding the Oregon Plan.

040

Sen. Brown

States she would concur with Mr. Sohn’s statements if made under the Clinton administration.

043

Sohn

Responds. Speaks on increased harvests and on the goals of the Board of Forestry and the DOF. States his beliefs of the SFMP contributions. Voices concern with the bill as he believes it is unnecessary.

100

Co-chair Clarno

Closes public hearing on HB 3632A. Opens work session on Executive Appointments.

WORK SESSION  

110

Sen. Brown

MOTION: Moves that appearances be waived and that the                                

                    committee recommend the following appointments be                                

                    confirmed by the Senate, with multiple appointments                           

                    made to a single board of commission to be considered    

                    en bloc.  

OREGON LIQUOR CONTROL COMMISSION – APPOINTMENT OF PHIL LANG AND BOB                           

                      RICE (EXHIBIT G)

STATE PARKS AND RECREATION COMMISSION – APPOINTMENT OF DAVID KOTTKAMP                                               

                     (EXHIBIT H)

125

 

VOTE:  4-0-2

EXCUSED:  2 - Burdick, Corcoran

 

Co-chair Clarno

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

130

Co-chair Clarno

Closes work session on Executive Appointments. Opens work session for consideration of legislative concepts for drafting and introduction.

WORK SESSION

141

Sen. Brown

MOTION: Moves legislative concepts 1 through 8, requested by                  

                   staff, BE APPROVED FOR DRAFTING by Legislative        

                 Counsel and BE INTRODUCED as committee bills                                     

                 (EXHIBIT I).

151

 

VOTE:  4-0-2

EXCUSED:  2 - Burdick, Corcoran

 

Co-chair Clarno

Hearing no objection, declares the motion CARRIED.

153

Co-chair Clarno

Closes work session on legislative concepts. Opens work session on HB 3272A.

HB 3272A – WORK SESSION

156

Jim Stembridge

Committee Administrator. Summarizes HB 3272A. Notes –A8 conflict amendments (EXHIBIT J).

164

Sen. Beyer

MOTION:  Moves to ADOPT HB 3272A-A8 amendments dated

                     7/1/03.

167

 

VOTE:  5-0-1

EXCUSED:  1 – Burdick

 

Co-chair Clarno

Hearing no objection, declares the motion CARRIED.

173

Sen. Beyer

MOTION:  Moves HB 3272A to the floor with a DO PASS AS

                    AMENDED recommendation.

177

 

VOTE:  5-0-1

EXCUSED:  1 – Burdick

 

Co-chair Clarno

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

The following prepared testimony is submitted for the record without public testimony for HB 3272A:

 

Linda Modrell

Submits written testimony (EXHIBIT K)

180

Co-chair Clarno

Closes work session on HB 3272A. Opens public hearing on HB 2617A.

HB 2617A – PUBLIC HEARING

185

Jim Stembridge

Committee Administrator. Summarizes HB 2617A.  Notes the -A6 amendments (EXHIBIT L)

195

Oran Teater

Mayor, City of Bend. Testifies in support of HB 2617A. Notes there are no shovel-ready parcels in Bend. Speaks on the land use planning process and related costs. Believes Bend and other cities need contiguous land for industrial use. Notes the cities will still have to go through the current land use approval process by the bill.

257

Doug Riggs

Central Oregon Cities Organization. Testifies in support of HB 2617A (EXHIBIT M). Lists the goals and allowances of the measure. Refers committee to chart to illustrate urban growth boundary (UGB) expansion (M).

290

Co-chair Clarno

Asks if the -A7 amendments belong to Mr. Riggs (EXHIBIT N).

293

Riggs

Affirms.

295

Co-chair Clarno

Requests Mr. Riggs explain the –A7 amendments to HB 2617A to committee members prior to a work session on the bill.

300

Riggs

Agrees. Submits two other written exhibits (EXHIBITS O & P).

320

Sen. Atkinson

Asks about Southern Oregon’s definition in the bill.

323

Riggs

Concurs.

325

Sen. Brown

Asks if Bend has done a needs analysis.

330

Teater

Responds it is currently being completed.

335

Riggs

Speaks on the need study done by Bend two years ago and suggests it is not representative as the economy of Bend has changed greatly in that time. Justifies the current study. 

362

Sen. Brown

Poses additional question on the study.

364

Teater

Negates.

370

Kate Kimball

Central Oregon Representative, 1,000 Friends of Oregon. Testifies in opposition to HB 2617A.

TAPE 78, A

002

Kimball

Speaks on Bend’s plan to expand the UGB. Believes the state has shown there is no emergency and thus, the bill is unnecessary. Requests the committee allow for Bend to work on its own expansion.

038

Co-chair Clarno

Closes public hearing on HB 2617A. Opens public hearing on HB 3632A.

HB 3632A – PUBLIC HEARING

043

Paul Hanneman

Tillamook County Commissioner. Testifies in support of HB 3632A (EXHIBIT Q). Addresses the major issues involved with the bill. Speaks on his experience with related issues. Informs the committee of timber harvests. Believes the bill provides a balance.

115

Sen. Brown

Recalls Mr. Sohn’s concerns regarding political backlash motivating the environmental community to begin initiative. Informs of Mr. Sohn’s comments on the Oregon Plan, Endangered Species Act, and Clean Water Act. Asks if he concurs with Mr. Sohn’s comments.

120

Hanneman

Disagrees with both of the statements. Continues regarding the forests.

148

Tina Swanson

Swanson Group. Testifies in support of HB 3632A. Provides history of the Swanson Group regarding forest processes. Accounts for the use of timber by the business.

200

Rob Freres

Freres Lumber Company. Testifies in support of HB 3632A. Lists reasons for support of the bill.

245

Les Helgeson

Native Fish Society (NFS). Testifies in opposition to HB 3632A. Endorses the comment of the Board of Forestry. Notes the Native Fish Society has not supported any change to the SMFP. Speaks on forest inventory conducted by the DOF.

317

Sen. Brown

Asks about the NFS position on a related initiative.

323

Helgeson

States NFS has not concurred on a position yet.

333

Tom Wolf

Oregon Council, Trout Unlimited. Testifies in opposition to HB 3632A. Informs committee of the council.

352

Bob Rees

Coastal Fishing Guide. Testifies in opposition to HB 3632A (EXHIBIT R). Speaks on coastal fish watersheds. Notes that increased forest harvest negatively affect coastal watersheds. 

403

Mike Propes

Polk County Commissioner. Testifies in support of HB 3632A. Speaks on statements made by Commissioner Josi in opposition of HB 3632A. Speaks on the efforts by counties on the SFMP. Suggestions alternatives to the current implementation of the Oregon Forest Plan. Notes policy decisions are for the Legislature. States that the SFMP established by the DOF is the finest in the nation.

TAPE 79, A

105

Co-chair Clarno

Concurs.

110

Dave Ivanoff

Hampton Affiliates. Testifies in support of HB 3632A. Recalls the genesis of an economic model regarding the Oregon Forest Plan. Refers committee to an implementation plan relative to the SFMP (EXHIBIT S). Discusses the revenue impact block (S) and notes he concurs with the revenue impact statement. Summarizes that the state timber lands are an integral part of economic development and continuance in Oregon. Voices disagreement with prior comments suggesting a negative impact of HB 3632A on the SFMP. Submits that non-productive lands should be repaired and believes HB 3632A will provide that. Concludes that the bill provides balance.

289

Ray Wilkinson

Oregon Forest Industries Council (OFIC). Testifies in support of HB 3632A (EXHIBIT T). Speaks on the Oregon Forest Practices Act. Disagrees with the notion that the Forest Practices Act is a “weak law”. Counters opposing viewpoints. Believes Oregon citizens support the bill. 

TAPE 78, B

006

Mari Anne Gest

Executive Director, Tillamook Rainforest Coalition. Testifies in opposition to HB 3632A (EXHIBIT U). Recalls the discussion of the House Revenue Committee on the measure. Believes Oregonians would reject the measure. Speaks on job creation by the bill. States timber products are at an “all-time low” and refers to a newspaper article on the industry (EXHIBIT V). Believes there is a need for balance between the economy and the environment.

079

Brad Witt

Secretary-Treasurer, Oregon AFL-CIO. Testifies in opposition to HB 3632A (EXHIBIT W). Believes the bill would discontinue and replace the SFMP. Urges the committee to allow the current plan to continue. 

116

Jeffrey Birmingham

Audubon Society. Testifies in opposition to HB 3632A.

137

Sen. Beyer

Speaks to Ms. Gest. Argues Ms. Gest’s statement regarding timber products. Requests to see the article (EXHIBIT V). Determines Ms. Gest’s statement is incorrect.  

152

Stephen Kafoury

Introduces himself and defers to Ms. Ackerman.

154

Sybil Ackerman

Audubon Society. Testifies in opposition to HB 3632A (EXHIBIT X). Addresses the job growth issue. Refers to an article in her testimony regarding the economy of the Tillamook and Clatsop forests (X).  

The following prepared testimony is submitted for the record without public testimony for HB 3632A:

 

Bob Van Dyk

Submits written testimony (EXHIBIT Y).

 

Dick Schouten

Submits written testimony (EXHIBIT Z). 

213

Co-chair Clarno

Closes public hearing on HB 3632A. Opens public hearing on 2617A.

HB 2617A – PUBLIC HEARING

217

Stephen Kafoury

Oregon Chapter, American Planning Association (APA). Testifies in opposition to HB 2617A. Notes the APA supports HB 2912 (2003) regarding land use.

248

Co-chair Clarno

Closes public hearing on HB 2617A. Adjourns meeting at 4:39 P.M.

 

EXHIBIT SUMMARY

 

A – SB 209, newspaper article, Brian Bollock, 1 p

B – SB 209, written testimony, Brian Doherty, 1 p

C – HB 3632A, written testimony, Ross Holloway, 7 pp.

D – HB 3632A, written testimony, Helen Westbrook, 1 p

E – HB 3632A, written testimony and charts, Tim Josi, 13 pp.

F – HB 3632A, written testimony, Howard Sohn, 3 pp.

G – Oregon Liquor Control Commission, Staff and Governor’s Office, 10 pp.

H – State Parks and Recreation Commission, Staff and Governor’s Office, 9 pp.

I – Legislative Concepts 1 – 8, Staff, 1 p

J – HB 3272, -A8 amendments, Staff, 3 pp.

K – HB 3272, written submission, Linda Modrell, 5 pp.

L – HB 2617A, -A6 amendments, Staff, 2 pp.

M – HB 2617A, written testimony and chart, Doug Riggs, 3 pp.

N – HB 2617A, -A7 amendments, Staff, 4 pp.

O – HB 2617A, letter, David Bragdon, 2 pp.

P – HB 2617A, letter, Roger Lee, 1 p

Q – HB 3632A, written testimony, Paul Hanneman, 1 p

R – HB 3632A, written testimony, Bob Rees, 1 p

S – HB 3632A, chart, Dave Ivanoff, 1 p

T – HB 3632A, written testimony, Ray Wilkinson, 1 p

U – HB 3632A, written testimony, Mari Anne Gest, 2 pp.

V – HB 3632A, newspaper article, Mari Anne Gest, 2 pp.

W – HB 3632A, written testimony and information, Bradley Witt, 7 pp.

X – HB 3632A, written testimony, Sybil Ackerman, 6 pp.

Y – HB 3632A, written submission, Bob Van Dyk, 1 p

Z – HB 3632A, written submission, Dick Schouten, 2 pp.