HOUSE COMMITTEE ON TRANSPORTATION

 

 

February 09, 2005   Hearing Room C

1:00 P.M. Tapes  12 - 14

 

MEMBERS PRESENT:            Rep. George Gilman, Chair

Rep. Terry Beyer, Vice-Chair

Rep. Chuck Burley, Vice-Chair

Rep. Deborah Boone

Rep. Scott Bruun

Rep. Dave Hunt

Rep. Kim Thatcher

 

STAFF PRESENT:                  John Houser, Committee Administrator

Mike Reiley, Committee Assistant

 

MEASURES/ISSUES HEARD:

                                                HB 2109 – Public Hearing

                                                HB 2353 – Public Hearing

                                                HB 2106 – Public Hearing and Work Session

                                                HB 2114 – Public Hearing

                                                HB 2223 – Public Hearing and Work Session

                                                Road User Fee Pilot Program – 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 12, A

003

Chair Gilman

Calls the meeting to order at 1:00 p.m. Opens a public hearing on

HB 2109.

HB 2109 – PUBLIC HEARING

010

John Houser

Committee Administrator. Introduces HB 2109.

021

Troy Costales

Manager, Transportation Safety Division, Oregon Department of Transportation (ODOT). Submits and summarizes prepared testimony in support of HB 2109 (EXHIBIT A).

037

Chair Gilman

Proposes a work group to address HB 2109.

042

Rep. Burley

Asks for a clarification of the language in HB 2109, Section 1, “within a marked or unmarked crosswalk” and why the proposed new language does not make a distinction between the two.

048

Costales

Answers that he does not know.

056

Rep. Burley

Asks about the proposed language in HB 2109 relating to motorists treating pedestrians the same at all intersections as opposed to crosswalks only.

072

Costales

Answers that the language addresses pedestrians crossing at intersections rather than mid-block with no crosswalk.

080

Rep. Burley

Asks if the changes made by HB 2109 would create two sections in statute addressing the same issue.

090

Costales

Explains the difference in the motor vehicle code for controlled and uncontrolled intersections. Highlights the differences between SB 492 and HB 2109.

The following material is submitted for the record without public testimony:

 

Christy Munson

League of Oregon Cities. Submits prepared testimony regarding HB 2109 (EXHIBIT B).

 

Scott Bricker

Willamette Pedestrian Coalition. Submits prepared testimony in support of HB 2109 (EXHIBIT C).

102

Chair Gilman

Closes the public hearing on HB 2109. Asks Rep. Burley to serve on the work group to address the issue. Opens a public hearing on HB 2353.

HB 2353 – PUBLIC HEARING

110

John Houser

Committee Administrator. Introduces HB 2353.

126

Steven Johnston

Retired state employee. Submits and reads prepared testimony in opposition to HB 2353 (EXHIBIT D).

196

Chair Gilman

Clarifies that California does not allow the towing of two vehicles.

200

Johnston

Answers that they previously allowed it, but when it came up for renewal, it was allowed to sunset.

220

Gregg Dal Ponte

Administrator, Motor Carrier Division, Oregon Department of Transportation (ODOT). Submits and summarizes prepared testimony in opposition to HB 2353 (EXHIBIT E). Explains that it is “imprudent to the Department to create another category of longer combination vehicles that are going to add to the traffic we already have on our highways and byways.”

260

Lieutenant Gary Miller

Assistant Director, Patrol Services Division, Department of State Police. Submits and summarizes prepared testimony in opposition to HB 2353 (EXHIBIT F). Notes the “certain dynamic concerns” with double and triple trailers.

295

Rep. Boone

Relates her experience as a volunteer firefighter and problems with double trailers on Highway 26.

310

Jon Oshel

County Road Program Manager, Association of Oregon Counties. Submits and summarizes prepared testimony in opposition to HB 2353 (EXHIBIT G). Notes the written testimony from B.J. Smith, Director of the Public and Government Relations Department in Clackamas County (EXHIBIT H) and Gregory Miller, County Engineer, Washington County (EXHIBIT I).

350

James Buisman

Public Works Director, Lincoln County. Submits and summarizes prepared testimony in opposition to HB 2353 (EXHIBIT J).

TAPE 13, A

025

Oshel

Explains the problem with lead vehicles that do not have enough power to tow trailers or fifth wheels.

030

Rep. Boone

Asks if the intent for the bill was for pick-ups with a fifth wheel and boat.

035

Oshel

Suspects that the intention for the bill was for a pickup with a fifth wheel RV with either a boat or a trailer towing a motorcycle or snowmobile. Argues that it should not be allowed.

The following material is submitted for the record without public testimony:

 

Michael Hill

Submits prepared testimony regarding HB 2353 (EXHIBIT K).

040

Chair Gilman

Closes the public hearing on HB 2353. Opens a public hearing on

HB 2106.

HB 2106 – PUBLIC HEARING

045

John Houser

Committee Administrator. Introduces HB 2106.

060

Robin Freeman

Oregon Department of Transportation (ODOT). Submits and reads prepared testimony in support of HB 2106 (EXHIBIT L).

095

Rep. Hunt

Asks what the difference would be between statutory authority and administrative rule.

100

Freeman

Answers there is no difference.

103

Rep. Burley

Asks if HB 2106 will make it easier for the Division of Motor Vehicles (DMV) and the individual by clarifying the replacement and origination license fees.

106

Freeman

Answers yes.

108

Rep. Burley

Asks who would destroy rather than surrender licenses under HB 2106.

110

Freeman

Answers that she does not know, but suspects that the bill would prevent the licenses from falling “into the wrong hands.”

114

Burley

Proposes that the bill require a license to be surrendered to DMV.

120

Chair Gilman

Closes the public hearing on HB 2106 and opens a work session on HB 2106.

HB 2106 – WORK SESSION

124

Rep. Beyer

MOTION:  Moves HB 2106 to the floor with a DO PASS recommendation.

128

Rep. Burley

Asks for amendments to require a license to be surrendered to DMV, noting identity theft concerns.

133

Rep. Beyer

Withdraws her motion.

140

Chair Gilman

Announces that the committee will wait for amendments from Rep. Burley. Closes the work session on HB 2106. Opens a public hearing on HB 2114.

HB 2114 – PUBLIC HEARING

145

John Houser

Committee Administrator. Introduces HB 2114.

160

Robin Freeman

Oregon Department of Transportation (ODOT). Submits and reads prepared testimony in support of HB 2114 (EXHIBIT M).

210

Rep. Burley

Asks if a new definition of “motor vehicle” is being created and if it would be better in different section of statute.

220

Freeman

Answers that the intent of the previous legislation was for passenger vehicles.

227

Rep. Beyer

Explains the work that was done on the previous legislation and the assumption that was made that it would address passenger vehicles and notes that the language in HB 2114 clarifies the definition of “motor vehicle”.

250

Rep. Burley

Cites ORS 801.360 definition of “motor vehicle”, notes that there is no definition for “passenger vehicle”, wonders if one is being created and if it should be in a different section of statute.

262

Freeman

Answers that she will get the information for the committee.

270

Al Elkins

Oregon Tow Truck Association. Testifies in support of HB 2114. Explains the bill and the -1 amendments (EXHIBIT N).

290

Monty King

President, Oregon Vehicle Dealer Association. Submits and summarizes prepared testimony regarding HB 2114 (EXHIBIT O).

395

Rep. Hunt

Asks if Mr. King’s testimony applies to different types of vehicles such as recreational vehicles like snowmobiles or mopeds.

400

King

Answers that he does not think vehicles such as mopeds are titled and would not be addressed by HB 2114.

TAPE 12, B

026

Darrell Fuller

Oregon Auto Dealers Association. Expresses concern about language “primarily designed to carry passengers” and potential misinterpretation. Notes that pick-up trucks may be inadvertently excluded. Proposes more specific language to clarify bill’s intent.

070

Freeman

States that she will review the definition of “passenger vehicle” and ensure that pick-up trucks are included.

083

Rep. Beyer

Asks if a process is in place for ODOT to make changes to the permitting process.

090

Freeman

Answers that there is not a complete process and the permit issue will have to be addressed. Notes that ODOT can issue two 10-day permits to a passenger motorized vehicle.

098

Rep. Beyer

Notes the work done on the issue in the previous legislative session and that it was good start and hopes that the current issues can be clarified.

109

Rep. Burley

Asks Ms. Freeman for clarification about the classification of other vehicles such as motorcycles.

117

Chair Gilman

Closes the public hearing on HB 2114. Opens a public hearing on

HB 2223.

HB 2223 – PUBLIC HEARING

120

John Houser

Committee Administrator. Introduces HB 2223.

130

Kevin Neely

Public Affairs & Legislative Coordinator, Oregon Department of Justice. Submits and summarizes prepared testimony in support of HB 2223 (EXHIBIT P).

165

Rep. Hunt

Asks if ORS 814.092 is not needed because ORS 814.090 would be repealed.

173

Neely

Answers yes.

185

Rep. Hunt

Asks why ORS 814.080 relating to the solicitation of a ride would not be deleted.

190

Neely

Answers that the statute has never been challenged.

207

Rep. Beyer

Notes her work on the issue in 1996 as a Springfield City Councilor and notes her support for the bill.

219

Neely

Cites a Register-Guard article about a police officer citing panhandlers.

225

Rep. Beyer

Notes that the police officer in Eugene was spray-painting “No Soliciting” signs on the sidewalk.

231

Chair Gilman

Closes the public hearing on HB 2223 and opens a work session on HB 2223.

HB 2223 – WORK SESSION

250

Rep. Thatcher

MOTION:  Moves HB 2223 to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-0

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

 

Chair Gilman

The motion CARRIES.

REP. BRUUN will lead discussion on the floor.

260

Chair Gilman

Closes the work session on HB 2223. Opens an informational meeting on the Road User Fee Pilot Program.

ROAD USER FEE PILOT PROGRAM – INFORMATIONAL MEETING

275

James Whitty

Manager, Office of Innovative Partnerships and Alternative Funding, Oregon Department of Transportation (ODOT). Submits prepared testimony and PowerPoint presentation regarding the Road User Fee Pilot Program (EXHIBIT Q). Begins summarizing the PowerPoint presentation (EXHIBIT Q, Pages 1-3).

320

Whitty

Summarizes “Fuel Taxes Comprise 68% of Oregon Road Revenue” (EXHIBIT Q, Page 4).

345

Whitty

Summarizes the “Effect of New Technology Vehicles on Highway Fund Revenue” and the Conclusion (EXHIBIT Q, Pages 5-6).

365

Whitty

Summarizes the solutions (EXHIBIT Q, Page 7).

386

Whitty

Summarizes the policy requirements (EXHIBIT Q, Page 8).

404

Whitty

Summarizes the collection possibilities (EXHIBIT Q, Page 9).

TAPE 13, B

011

Betsy Imholt

Alternative Funding Administrator, ODOT. Continues the summary of Oregon’s Mileage Fee Concept and collection (EXHIBIT Q, Pages 10-13).

058

Rep. Burley

Asks if a service station point-of-sale system currently exists for the gas tax.

065

Imholt

Answers that paying at the gas pump is the point-of-sale system.

068

Rep. Burley

States that it is important to minimize the financial impact on businesses.

066

Chair Gilman

Asks what would happen if he goes to the gas station and only has $5, but owes $6.

070

Whitty

Explains that a display in the car would let the driver know how much it will cost.

075

Imholt

Shows and explains a sample gas receipt (EXHIBIT Q, Page 14).

085

Chair Gilman

Asks how the 1.2 cent per mile fee was determined.

090

Whitty

Explains that most vehicles in Oregon get 20 miles per gallon and the gas tax is 24 cents (24/20=1.2 cents per mile). Notes that the pilot program rate is set at 1.2 cents per mile, but the actual rate if implemented would be determined by the legislature.

095

Imholt

Continues summarizing the presentation (EXHIBIT Q, Pages 15, 16).

132

Imholt

Summarizes the issue of privacy (EXHIBIT Q, Page 17).

151

Imholt

Summarizes the issues of cost and system integration (EXHIBIT Q, Pages 18, 19).

171

Imholt

Summarizes the public demonstration of mileage fee technology, policy requirements and remaining policy issues (EXHIBIT Q, Pages 20-22).

230

Imholt

Summarizes Oregon’s Pilot Program and concludes the presentation (EXHIBIT Q, Pages 23, 24).

236

Rep. Thatcher

Asks where else the technology is being used.

240

Imholt

Answers that the mileage fee is not being done anywhere else. Explains dedicated short range communication projects that involve similar technology.

255

Whitty

States that General Motors is putting the global positioning system OnStar in all vehicles starting in 2007.

260

Rep. Thatcher

Notes constituents’ concerns about privacy and the importance of protecting it.

265

Whitty

Explains the difference between OnStar and the technology used in the pilot program.

277

Rep. Boone

Asks whose idea the program was.

282

Whitty

Answers that the road user fee task force in the 2001 legislature directed an investigation into an alternative to the gas tax.

286

Rep. Boone

Asks if it was initiated by Gov. Kitzhaber.

290

Whitty

Answers that Gov. Kitzhaber proposed a vehicle miles traveled (VMT) tax around 1996, but it was not feasible at the time.

295

Rep. Hunt

Comments that it is nice to be looking forward on an issue rather than dealing with the backlog of things that have not been done. Asks why more than one statewide zone is needed, if there are any savings from the program, and if other pilot programs are being considered.

310

Whitty

Explains that inside Oregon would be one zone and outside of Oregon would be another zone. Notes that congestion pricing zones have been created and multiple zones would allow for local options. Says that savings have not yet been addressed. Says that the possibility of future pilot programs exist and may be important to developing a viable system.

355

Rep. Burley

Asks how the federal gas tax is allocated to Oregon.

360

Whitty

Answers that it is done on a budgetary basis that he is not familiar with. Notes that this system would not cover the federal gas tax. Points out that the federal government is supporting two-thirds of the project.

376

Rep. Burley

Asks how the one-way satellite communication would know a vehicle is in or out of Oregon without transmitting back to the satellite and being tracked.

380

Whitty

Answers that scientists could better address the technological issues.

420

Rep. Burley

Asks for an explanation of a control for the program.

425

Imholt

Explains that there will be control vehicles in the program that will pay the gas tax, not the satellite system.

432

Rep. Burley

Asks if there will be stratification for different fuel classes.

440

Imholt

Answers yes and says that it is being designed by Portland State University professors. Notes that she will provide the information to the committee. Invites committee to tour the facility at Oregon State University.

455

Rep. Thatcher

Asks if vehicles would be charged if they were being towed or were on a trailer.

460

Whitty

Answers that vehicles would have to be on to be charged.

463

Thatcher

Asks if there is difference between county, city and private roads.

465

Whitty

Answers that the project has not gotten to that level of detail.

474

Houser

Asks if vehicles in the program would be required to pay the gas tax or could choose between the gas tax and the VMT program.

478

Whitty

Answers that it is policy question that would have to be addressed by the legislature, but consumers would pay one or the other.

TAPE 14, A

050

Houser

Asks how difficult it would be to estimate the revenue stream when transitioning from one technology to another.

055

Whitty

Answers that ODOT should be able to address the issue.

058

Chair Gilman

Closes the informational meeting. Adjourns the meeting at 2:54 p.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 2109, prepared testimony, Troy Costales, 1 p
  2. HB 2109, prepared testimony, Christy Munson, 1 p
  3. HB 2109, prepared testimony, Scott Bricker, 1 p
  4. HB 2353, prepared testimony, Steven Johnson, 1 p
  5. HB 2353, prepared testimony, Gregg Dal Ponte, 2 pp
  6. HB 2353, prepared testimony, Lieutenant Gary Miller, 2 pp
  7. HB 2353, prepared testimony, Jon Oshel, 4 pp
  8. HB 2353, prepared testimony, B.J. Smith, 10 pp
  9. HB 2353, prepared testimony, Gregory Miller, 1 p
  10. HB 2353, prepared testimony, James Buisman, 2 pp
  11. HB 2353, prepared testimony, Michael Hill, 1 p
  12. HB 2106, prepared testimony, Robin Freeman, 2 pp
  13. HB 2114, prepared testimony, Robin Freeman, 2 pp
  14. HB 2114, -1 amendments, staff, 1 p
  15. HB 2114, prepared testimony, Monty King, 1 p
  16. HB 2223, prepared testimony, Kevin Neely, 2 pp
  17. Road User Fee Pilot Program, Jim Whitty, 25 pp