HOUSE COMMITTEE ON GENERAL GOVERNMENT

 

 

January 20, 2005   Hearing Room B

8:30 A.M.      Tapes 4 - 5

 

MEMBERS PRESENT:            Rep. Vicki Berger, Chair

Rep. Peter Buckley, Vice-Chair

Rep. Mac Sumner, Vice-Chair

Rep. Larry Galizio

 

MEMBER EXCUSED:            Rep. Sal Esquivel

 

 

STAFF PRESENT:                  Caralyn Fischer, Committee Administrator

Linda K. Gatto, Committee Assistant

 

MEASURES/ISSUES HEARD:

                                                Office of Regulatory Streamlining, (DCBS) - Informational Meeting

                                                 

 

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 4, A

004

Chair Berger

Calls the meeting to order at 8:30 a.m. Opens the informational meeting on the Office of Regulatory Streamlining (EXHIBIT G).

OFFICE OF REGULATORY STREAMLING - INFORMATIONAL MEETING

016

Patrick Allen

Manager, Office of Regulatory Streamlining, Department of Consumer and Business Services. Reads prepared testimony (EXHIBIT A) submitted with informational materials: Annual Report to the Governor 2004 and project summary report (EXHIBIT B), Regulatory Streamlining Legislative Agenda (EXHIBIT C), Factors Agencies Should Weigh When Evaluating Need For New/Expanded Regulation (EXHIBIT D) and Report of the Advisory Committee on Agency Rule Streamlining December 2004 (EXHIBIT E).

042

Allen

Begins an overview on the streamlining activities over the past two years (EXHIBIT A, Page 2). Refers to the Annual Report to the Governor 2004 and the project summary report (EXHIBIT B). Notes that there are more than 250 individual streamlining projects that agencies are engaged in. Highlights paperwork reduction projects, the survey on the state’s regulatory environment, and the on-line license directory.

101

Allen

Reviews the lessons learned and provides an example of the cumulative impacts of regulation on small retailers. Reviews the questions that were presented to agencies intended as a guide while agencies consider proposals to create or expand existing regulation.

136

Allen

Reviews legislative agenda (EXHIBIT C).

210

Tom Gallagher

Legislative Advocates. States that being on the 3120 Committee and the 2011 Committee was rewarding. States that regulatory streamlining is about process and management. The Community Solutions Team became the Economic Revitalization Team which produced HB 3120 and opened the Office of Regulatory Streamlining.

292

Gallagher

Discusses the cost to go through the permit process. Discusses two bills from 2003, HB 3120 and HB 2011, and the work during the interim that reviewed the process. 

314

Gallagher

Describes the individuals serving on the 3120 Committee. Relays an example of a debate on waiving a rule that produces an absurd outcome.  

371

Gallagher

Refers to page four (EXHIBIT E) and the document titled Factors Agencies Should Weigh When Evaluating Need For New/Expanded Regulation (EXHIBIT D). Provides an example of asbestos removal and effective management.

TAPE 5, A

032

Gallagher

Discusses regulations in general. Suggests that an additional person be placed and dedicated to interface with small businesses. Comments on regulations that benefit the agency and the lack of incentives for   agencies to eliminate arcane and ineffective regulations.

075

Gallagher

Provides a summary of active interim committees that are working on streamlining rules/permits and a list of documents for the 2005 Session (EXHIBIT F).

135

Gallagher

States there is no legislation drafted from the 2011 Committee. States that most of the problem comes from overlapping statutory direction and authority. States support for HB 2188.

181

Rep. Buckley

Inquires when the 2011 Report will be available.

191

Gallagher

Responds that the report is available through the Governor’s Office.

198

Allen

Clarifies the makeup of the 2011 Committee. The report went to the directors and the governor but is available for distribution. (submitted for the record after the meeting (EXHIBIT G).

206

Rep. Sumner

Comments on the operational challenges of Oregon Liquor Control Commission (OLCC).

244

Gallagher

Responds that OLCC has the dual mission of selling liquor and prohibit people from drinking it. Discusses interest groups and OLCC.

309

Allen

Adds that the streamlining efforts are not to change the standards but rather implement the standards in a more efficient and effective manner.

317

Rep. Sumner

States that it was not his intent to open a discussion on how OLCC conforms to the regulations. States that the way it does its job is inefficient. Distribution and enforcement should be workable and not rely on nineteenth century technology.

337

Rep. Galizio

Asks for clarification of HB 2188.

351

Gallagher

States that he pushed for an additional person who would be charged with working with agencies to respond to the concerns of small businesses concentrating on the cumulative effects of regulations.

407

Allen

Adds that there is a business with a person or two being regulated by an agency with a person or two. Help the agencies see additional perspectives, improve training and capacity in the office.

TAPE 4, B

012

Chair Berger

Asks how Oregon compares with what other states are doing.

014

Allen

Responds that New York provides the best example of different approaches.

032

Gallagher

Adds there was an extensive search and there are hundreds of articles and almost all of them are on the federal appeals process.

054

Rep. Galizio

Asks what the earlier comment that “this is about process and management and no public policy outcome” mean.

060

Gallagher

Responds that enforcement efforts become policy outcomes. States in his view there are two parts, the public process with agency rule making and then there is the “Nimby” that does not want it to happen.  

109

Gallagher

Suggests allowing government and the public to come to common ground “tip the pyramid up side down.”

118

Chair Berger

States that it is hard to find ways to resolve some of these issues.

141

Gallagher

Adds that in reading the reports, there are countless references to land use processes and the land use appeals process. Land use is the poster child of where the frustration focuses.  

167

Chair Berger

Closes the public hearing on the Office of Regulatory Streamlining. Adjourns the meeting at 9:40 a.m.

 

 

EXHIBIT SUMMARY

 

  1. Regulatory Streamlining, prepared testimony, Patrick Allen, 5 pp
  2. Regulatory Streamlining, Annual Report to the Governor 2004 and summary of projects, Patrick Allen, 84 pp
  3. Regulatory Streamlining, Legislative Agenda, Patrick Allen, 5 pp
  4. Regulatory Streamlining, Factors Agencies Should Weigh When Evaluating Need For New/Expanded Regulation, Patrick Allen, 3 pp
  5. Regulatory Streamlining, Report of the Advisory Committee on Agency Rule Streamlining, Patrick Allen, 16 pp
  6. Regulatory Streamlining, Summary  of documents for 2005, Patrick Allen, 3 pp
  7. Regulatory Streamlining, HB 2011 Committee Report, staff,  52 pp