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 |
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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