SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

March 24, 2005                                                                                                   Hearing Room 343

7:00 A.M.                                                                                                                     Tapes 53 - 54

 

MEMBERS PRESENT:         Sen. Charlie Ringo, Chair

Sen. Jason Atkinson, Vice-Chair

Sen. Roger Beyer

Sen. Frank Shields

 

MEMBER EXCUSED:          Sen. Ginny Burdick

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 688 – Public Hearing

SB 871 – Public Hearing

SB 677 – Public Hearing

SB 733 – Public Hearing

SB 291 – Public Hearing

SB 785 – 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 53, A

004

Chair Ringo

*Recording error.* Calls meeting to order at 7:07 a.m. and opens public hearing on SB 688.

SB 688 – PUBLIC HEARING

005

Tom Gallagher

*Recording error.* Urban Developers Coalition. States that the Urban Developers Coalition is working with the Association of Oregon Counties (AOC), League of Oregon Cities (LOC), and the Oregon Home Builders Association to put together amendments that they can all support.

008

Art Schlack

AOC. States that the AOC is willing to work with Mr. Gallagher to address this issue. Discusses concerns.

014

Chair Ringo

Asks him to repeat phrase.

015

Schlack

Repeats phrase.

016

Linda Ludwig

LOC. States that the LOC is willing to work with Mr. Gallagher.

023

Chair Ringo

Discusses amendments.

029

Ross Day

Oregonians In Action. Testifies in support of SB 688.

037

Chair Ringo

Closes public hearing on SB 688 and opens public hearing on SB 871.

SB 871 – PUBLIC HEARING

042

Tim Keith

Assistant State Forester, Fire Protection, Oregon Department of Forestry (ODF). Testifies on SB 871.

055

Dustin Gustaveson

ODF. Submits and highlights written testimony and maps (EXHIBIT A).

081

Chair Ringo

Asks clarifying question.

082

Gustaveson

Responds

083

Gustaveson

Continues testimony on SB 871.

118

Sen. Atkinson

Asks about amendments and definitions.

119

Gustaveson

Discusses amendments.

125

Keith

Discusses amendments.

130

Sen. Atkinson

Discusses previous legislation. States that the Governor announced last week that this will be the second driest summer on record. Discusses why this issue came to his attention. States that he wants to move SB 871.

143

Chair Ringo

Asks about tax credit amount.

145

Gustaveson

Says that 500 dollars is a starting point. Gives details.

160

Chair Ringo

Asks about impact on the state budget and expected use of the tax credit. Asks if there is a revenue analysis.

163

Keith

Responds.

165

Chair Ringo

States that there is a subsequent referral to Revenue.

170

Chair Ringo

Wonders if ODF is trying to encourage another method besides burning to get rid of refuse.

171

Gustaveson

Replies yes and explains.

177

Chair Ringo

States that one method is to chip it on site. Verifies that if someone chipped it on site, they would be eligible for the tax credit.

178

Gustaveson

Confirms this.

179

Chair Ringo

States that another method would be to have the material moved to a facility that would chip it themselves.

180

Gustaveson

Replies yes.

181

Chair Ringo

Asks what happens to materials moved to a facility.

183

Gustaveson

Responds.

186

Chair Ringo

Asks what a biomass facility is.

187

Gustaveson

Explains biomass facility.

188

Chair Ringo

Replies okay.

189

Gustaveson

Gives details on biomass facility in Medford.

195

Chair Ringo

Talks about amendments.

200

Chair Ringo

Closes public hearing on SB 871 and opens public hearing on SB 677.

SB 677 – PUBLIC HEARING

203

Michael Holstun

Board Member, Land Use Board of Appeals (LUBA). Submits and reads written testimony in opposition to SB 677 (EXHIBIT B).

285

Chair Ringo

Asks if witness has any statistics on timeline for the longest decisions.

289

Holstun

Responds.

295

Chair Ringo

Verifies that witness means one month past the 77 day deadline.

296

Holstun

States that in other cases it is a matter of a few days.

297

Chair Ringo

Replies okay. Asks if there is any point where beyond a certain timeline there is some sort of sanction.

298

Holstun

Replies yes and explains.

304

Chair Ringo

States that doesn’t seem like an easy remedy to make the client file another action.

307

Holstun

Responds.

308

Chair Ringo

Verifies that there is no deadline where something specific happens.

312

Holstun

Replies. Continues testimony in opposition to SB 677.

355

Chair Ringo

Asks if those are annual costs.

356

Holstun

Replies that those are biennial costs.

357

Holstun

Continues testimony in opposition to SB 677.

390

Sen. Beyer

Discusses intentions of SB 677. Submits excerpts from the 2003 Oregon Revised Statutes (EXHIBIT C). States that SB 677 would cause LUBA to prioritize. States he will continue to work on SB 677.

TAPE 54, A

010

Sen. Beyer

Continues discussing SB 677. Discusses the potential concerns with SB 677 and states that those concerns can be addressed.

042

Chair Ringo

Makes comments.

047

Sen. Beyer

Responds.

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

 

Lane Shetterly

Director, Department of Land Conservation and Development. Submits written testimony on SB 677 (EXHIBIT D).

053

Chair Ringo

Closes public hearing on SB 677 and opens public hearing on SB 733.

SB 733 – PUBLIC HEARING

060

Jeff Bissonnette

Fair and Clean Energy Coalition. Testifies in support of SB 733.

075

Chair Ringo

Asks if witness will bring the mentioned amendments to the committee.

076

Bissonnette

Replies yes.

080

Jon Miller

Oregon Solar Energy Industries Association. Submits written testimony in support of SB 733 (EXHIBIT E). Testifies in support of SB 733.

097

Chair Ringo

Asks if witness can make the mentioned article available to the committee.

098

Miller

Replies yes.

100

Miller

Continues testimony in support of SB 733.

108

Sen. Shields

Refers to chart in written testimony (EXHIBIT E). Asks about differential in cost if watts are installed all at once instead of 500 watts once a year.

110

Miller

Explains details.

126

Sen. Beyer

Asks about costs to install a 2000 watt solar system.

128

Miller

Explains costs.

132

Chair Ringo

Talks about amendments. Asks witness to provide a copy of the article and testimony to the committee.

135

Chair Ringo

Closes public hearing on SB 733 and opens public hearing on SB 291.

SB 291 – PUBLIC HEARING

140

Sen. Floyd Prozanski

Represents Senate District 4. Introduces Jim Hoover and Lindsay Haskall. Gives information on his background in recycling. Discusses SB 291 and details the changes in statute that SB 291 would cause. Discusses opposition to SB 291.

197

Chair Ringo

Makes comment about testimony for SB 785.

208

Lindsay Haskall

City Councilor, Cottage Grove. Testifies in support of SB 291.

270

Jim Hoover

Waste Recovery Systems (WRS). Submits informational packet on SB 291 (EXHIBIT F). Submits video presentation on DVD (EXHIBIT G). Testifies in support of SB 291.

290

Chair Ringo

Asks witness to give a synopsis of WRS.

292

Hoover

Explains WRS.

296

Chair Ringo

Verifies that the people are his employees.

297

Hoover

Replies yes.

298

Chair Ringo

Asks if his employees have had training.

299

Hoover

Replies yes and explains.

300

Chair Ringo

Verifies that witness has been in business since 1993.

301

Hoover

Responds.

305

Chair Ringo

Asks how many employees witness has.

306

Hoover

Responds.

307

Chair Ringo

Asks what kind of material witness’ employees pull out of dumpsters.

308

Hoover

Explains.

331

Sen. Prozanski

Makes comment about partnership.

340

Haskall

Discusses opposition to SB 291. Discusses an article from magazine titled WasteAge.

370

Sen. Prozanski

Mentions DVD submitted for the record (EXHIBIT G).

386

Chair Ringo

Recesses public hearing on SB 291 and opens public hearing on SB 785.

SB 785 – PUBLIC HEARING

393

Bob Terry

Oregon Association of Nurseries. Testifies in support of SB 785.

TAPE 53, B

005

Chair Ringo

Closes public hearing on SB 785 and reopens public hearing on SB 291.

SB 291 – PUBLIC HEARING

010

Brad Nanke

City Councilor, City of Salem. Submits written testimony in opposition to SB 291 (EXHIBIT H). Submits video presentation on videotape (EXHIBIT I). Testifies in opposition to SB 291.

060

Chair Ringo

States that this business is new to him. Assumes that Waste Recovery Systems (WRS) doesn’t go to facilities unless WRS has a contract with that facility.

067

Nanke

States that WRS would typically negotiate with an apartment complex.

068

Chair Ringo

Asks if witness is concerned that people consider their garbage private information. Refers to statement witness made in his testimony.

070

Nanke

Responds.

075

Beth Vargas Duncan

City of Salem. Testifies in opposition to SB 291.

088

Chair Ringo

Asks if witness knows of any other cities that have passed an ordinance outlawing WRS.

089

Vargas Duncan

Responds.

091

Kristin Mitchell

Oregon Refuse and Recycling Association. Submits written testimony (EXHIBIT J) and video presentation on videotape (EXHIBIT K). Testifies in opposition to SB 291.

113

Chair Ringo

Asks if that is to reduce the volume.

114

Mitchell

Replies yes and explains.

115

Chair Ringo

Makes comment.

118

Mitchell

Responds. Mentions issue of liability.

154

Sen. Shields

Makes comment about providing a service. Asks witness question.

160

Mitchell

Responds.

170

Sen. Shields

States that this is not the free market enterprise that he is talking about. Understands that witness’ system is regulated. Says that WRS is providing a service that the Oregon Refuse and Recycling Association is not providing. Asks witness question again.

190

Mitchell

Responds.

210

Chair Ringo

States that the liability issue does not persuade him. Makes comment.

215

Bob Sigloh

President, Mid-Valley Garbage and Recycling Association. Testifies in opposition to SB 291. Submits written testimony (EXHIBIT L).

270

Sen. Atkinson

Reads from submitted WRS testimony (EXHIBIT F). Asks witness to help him understand the problem. Makes comment.

290

Sigloh

Responds.

301

Sen. Atkinson

States that there is competition. Asks what is wrong with the business model.

305

Sigloh

Responds.

307

Mitchell

Makes comments.

322

Chair Ringo

States that the Rules committee starts in five minutes.

327

Sen. Atkinson

Asks if this would all be solved if WRS owned their own disposal cans.

328

Mitchell

Responds.

336

Chair Ringo

Thanks witnesses for coming.

345

Art Schlack

Association of Oregon Counties. Testifies in opposition to SB 291. Discusses concerns with the way SB 291 is written.

378

Chair Ringo

Makes comment.

380

Schlack

Concludes testimony. Discusses identity theft.

393

Bob Danko

Department of Environmental Quality (DEQ). States that the DEQ does not have a position on SB 291. Discusses issues with specific language of SB 291.

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

 

Rick Winterhalter

Legislative Chair, Association of Oregon Recyclers. Submits written testimony in opposition to SB 291 (EXHIBIT M).

 

Marsha Miller

Division Manager, City of Eugene. Submits written testimony in opposition to SB 291 (EXHIBIT N).

 

Willie Tiffany

Senior Staff Associate, League of Oregon Cities. Submits written testimony in opposition to SB 291 (EXHIBIT O).

407

Chair Ringo

Closes public hearing on SB 291 and adjourns meeting at 8:31 a.m.

 

 

EXHIBIT SUMMARY

 

A.     SB 871, written testimony, Dustin Gustaveson, 4 pp

B.     SB 677, written testimony, Michael Holstun, 8 pp

C.     SB 677, excerpts, Sen. Roger Beyer, 2 pp

D.    SB 677, written testimony, Lane Shetterly, 1 p

E.     SB 733, written testimony, Jon Miller, 1 p

F.      SB 291, informational packet, Jim Hoover, 9 pp

G.    SB 291, presentation video, Jim Hoover, DVD

H.    SB 291, written testimony, Brad Nanke, 3 pp

I.       SB 291, presentation video, Brad Nanke, videotape

J.      SB 291, written testimony, Kristin Mitchell, 10 pp

K.    SB 291, presentation video, Kristin Mitchell, videotape

L.     SB 291, written testimony, Bob Sigloh, 6 pp

M.  SB 291, written testimony, Rick Winterhalter, 1 p

N.    SB 291, written testimony, Marsha Miller, 1 p

O.    SB 291, written testimony, Willie Tiffany, 1 p