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.
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TAPE/# |
Speaker |
Comments |
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TAPE 53, A |
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|
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 |
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|
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. |
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SB 871 – PUBLIC HEARING |
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|
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. |
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SB 677 – PUBLIC HEARING |
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|
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. |
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TAPE 54, A |
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|
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. |
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The following prepared testimony is submitted for the record without public testimony: |
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|
|
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. |
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SB 733 – PUBLIC HEARING |
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|
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. |
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SB 291 – PUBLIC HEARING |
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|
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. |
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SB 785 – PUBLIC HEARING |
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|
393 |
Bob Terry |
Oregon Association of Nurseries. Testifies in support of SB 785. |
|
TAPE 53, B |
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|
005 |
Chair Ringo |
Closes public hearing on SB 785 and reopens public hearing on SB 291. |
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SB 291 – PUBLIC HEARING |
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|
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: |
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|
|
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