SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

March 29, 2005                                                                                                   Hearing Room 343

7:00 A.M.                                                                                                                     Tapes 61 - 62

 

MEMBERS PRESENT:         Sen. Charlie Ringo, Chair

Sen. Roger Beyer

Sen. Frank Shields

 

MEMBER EXCUSED:          Sen. Jason Atkinson, Vice-Chair

                                                Sen. Ginny Burdick

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 91 – Public Hearing and Work Session

SB 92 – Public Hearing and Work Session

SB 346 – Public Hearing and Work Session

SB 740 – 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 61, A

005

Chair Ringo

Calls meeting to order at 7:05 a.m. Makes opening comments. Opens public hearing on SB 91.

SB 91 – PUBLIC HEARING

 

Matt Shields

Committee Administrator. Submits SB 91-1 amendments for the record (EXHIBIT A).

018

Jeannette Holman

Assistant Director, Department of State Lands. Submits and reads written testimony in support of SB 91 (EXHIBIT B).

046

Chair Ringo

Asks about kinds of activities.

047

Holman

Gives details.

059

Chair Ringo

Asks if weddings are the main activity that witness needs to charge for.

060

Holman

Replies no and lists activities.

063

Sen. Shields

Asks about possibility of day retreats.

065

Holman

States that is a possibility that has been discussed.

066

Sen. Shields

Makes comment.

068

Holman

Explains that there is not currently a fee schedule. Mentions SB 91-1 amendments and explains.

078

Sen. Shields

Makes comment.

082

Sen. Beyer

Asks about change in section 2 of SB 91.

083

Holman

Explains change that occurred in 1997.

090

Sen. Beyer

States that SB 91 changes that.

091

Holman

Explains that SB 91 does not change the funding source.

093

Sen. Beyer

States that SB 91 puts the funds in the Common School Fund (CSF) instead of the General Fund.

096

Holman

Discusses clarification of statutes.

103

Chair Ringo

Asks if Sen. Beyer is satisfied with that.

104

Sen. Beyer

Replies no. Asks witness for statutory references.

110

Holman

Gives explanation of funds and states that it was never changed in the statutes.

115

Sen. Beyer

Understands. Verifies that the money comes from the CSF and goes into an account in the General Fund.

116

Holman

Replies that it may.

118

Sen. Beyer

Asks where the interest on that account is credited.

119

Holman

Replies the CSF account.

120

Sen. Beyer

States that he knows where the CSF money goes. Asks where the interest currently goes.

122

Holman

Replies that currently it is an expenditure limitation out of the CSF. States that it never gets switched over to the General Fund account.

126

Sen. Beyer

Verifies that it does not currently generate interest.

127

Holman

Replies that it does not and explains.

129

Chair Ringo

Verifies that there is no interest changing accounts.

131

Holman

Responds.

133

Sen. Beyer

States that he understands now.

138

Chair Ringo

Asks if there are any other witnesses on SB 91. Closes public hearing on SB 91 and opens work session on SB 91.

SB 91 – WORK SESSION

139

Sen. Beyer

MOTION:  Moves to ADOPT SB 91-1 amendments dated 03/21/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

142

Chair Ringo

Hearing no objection, declares the motion CARRIED.

145

Chair Ringo

States that SB 91 has a referral to Ways and Means.

146

Sen. Beyer

States that there is no fiscal impact.

147

Matt Shields

Committee Administrator. Comments on fiscal impact.

154

Chair Ringo

Wants to send SB 91 to the floor.

155

Sen. Beyer

MOTION:  Moves SB 91 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

158

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

160

Chair Ringo

Closes work session on SB 91 and opens public hearing on SB 92.

SB 92 – PUBLIC HEARING

163

Jeannette Holman

Assistant Director, Department of State Lands. Testifies in support of SB 92. Submits written testimony (EXHIBIT C).

187

Danny Krossman

Confederated Tribes of Coos, Siuslaw and Lower Umpqua. Testifies in support of SB 92. Submits written testimony (EXHIBIT D) and maps of the South Slough territory (EXHIBIT E).

200

Chair Ringo

Closes public hearing on SB 92 and opens work session on SB 92.

SB 92 – WORK SESSION

202

Sen. Beyer

MOTION:  Moves SB 92 to the floor with a DO PASS recommendation.

205

Sen. Beyer

Makes comment.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

210

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. SHIELDS will lead discussion on the floor.

216

Chair Ringo

Closes work session on SB 92 and opens public hearing on SB 346.

SB 346 – PUBLIC HEARING

218

Chair Ringo

States that the -1 amendments need to be adopted. Closes public hearing on SB 346 and opens work session on SB 346.

SB 346 – WORK SESSION

 

Matt Shields

Committee Administrator. Submits SB 346-1 amendments for the record (EXHIBIT F).

220

Sen. Beyer

MOTION:  Moves to ADOPT SB 346-1 amendments dated 02/03/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

223

Chair Ringo

Hearing no objection, declares the motion CARRIED.

225

Sen. Beyer

MOTION:  Moves SB 346 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

228

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

230

Chair Ringo

Closes work session on SB 346 and opens public hearing on SB 740.

SB 740 – PUBLIC HEARING

235

Rep. Jackie Dingfelder

Represents House District 45. Mentions visual aid which is an old TV that no longer works. Explains and gives background information on SB 740. Submits fact sheet on SB 740 (EXHIBIT G) and a report from the Oregon Advisory Committee on Electronic Product Stewardship (EXHIBIT H). States that SB 740 needs some amendments and they are being worked on.

353

Rep. Peter Buckley

Represents House District 5. Testifies in support of SB 740.

385

Rep. Dingfelder

Submits written testimony on behalf of Greg Sampson, Vice President of Electronics Recovery for Earth Protection Services Inc. in support of SB 740 (EXHIBIT I).

390

Sen. Beyer

Verifies that Rep. Dingfelder said that if a federal program goes into effect then SB 740 will be repealed. Says that he is trying to find where that language is in SB 740.

395

Rep. Dingfelder

Responds.

TAPE 62, A

015

Craig Lorch

Total Reclaim. Testifies in support of SB 740. Submits written testimony (EXHIBIT J).

042

Chair Ringo

Asks if witness has a percentage of either volume or weight.

044

Lorch

Says that he does not know how much is sold.

045

Chair Ringo

Clarifies that he is asking how much of the total waste is e-waste.

046

Lorch

Replies that it is one to two percent of the waste stream in Washington. Gives example. Discusses SB 740.

069

Sen. Shields

Asks if witness is saying that a program could save Oregon money.

071

Lorch

Responds.

076

Sen. Shields

States that it still comes out of everyone’s pockets if the landfills are being filled more quickly. Suggests that it would save money not to fill the landfills up so quickly. Asks question about business opportunities to help poor people have more access to computers.

098

Lorch

Responds.

110

Wayne Rifer

Rifer Environmental. Testifies in support of SB 740. Submits written testimony (EXHIBIT K).

192

Sen. Shields

Asks about the idea of a deposit.

199

Rifer

Confirms that the deposit concept has been discussed.

212

Dennis Brown

Vice President, State Government Relations, Equipment Leasing Association. Testifies on SB 740.

219

Chair Ringo

Asks where witness is from.

220

Brown

Replies Washington D.C.

221

Chair Ringo

Asks if witness flew to Oregon from Washington D.C. to testify.

222

Brown

Replies yes. Continues testifying on SB 740. Submits written testimony (EXHIIBT L).

300

Chair Ringo

Acknowledges witness’ concern with SB 740. Asks if all of witness’ objections can be addressed.

304

Brown

Replies no and discusses uniformity and consistency among multiple states. Says this already being done in other regions.

307

Chair Ringo

Verifies that this is being done in the northeast.

308

Brown

Confirms this.

310

Chair Ringo

Discusses distance between states. Asks if witness wants to see Oregon collaborate with Washington.

316

Brown

States that California should be involved also.

321

Jerry Jordan

Executive Vice President and Chief Operating Officer, US Bancorp Equipment Finance. Gives background information on company and how SB 740 would affect them. States that a program on a national level would make more sense.

363

Chair Ringo

Asks if both witnesses understand that the program has to be administered carefully.

364

Jordan

Replies yes.

365

Brown

Replies yes.

366

Chair Ringo

Asks if witnesses agree that e-waste is a significant problem that needs to be addressed.

369

Brown

States that is why they do not voice outright opposition to SB 740.

373

Jordan

Replies yes and explains.

378

Chair Ringo

Asks if the problem is the volume of the waste or the toxic chemicals.

383

Brown

Replies neither and explains.

389

Chair Ringo

Clarifies that he didn’t mean the problem with the California program.

390

Brown

States that SB 740 is based on the California program.

391

Chair Ringo

Understands, but asks what is witness’ specific problem with e-waste. Asks if it is the volume of the waste or the toxic chemicals.

392

Jordan

Replies all of the above.

408

Jim Craven

Government Affairs Manager, American Electronics Association. Submits and highlights written testimony in opposition to SB 740 (EXHIBIT M). Discusses task force.

TAPE 61, B

001

Craven

Continues highlighting testimony (EXHIBIT M).

045

Chair Ringo

Asks if witness supports these concepts on a national scale.

046

Craven

Supports the continuation of people trying to structure a national framework.

047

Chair Ringo

Verifies that might include a recycling program which would involve some fees.

048

Craven

Replies yes.

049

Chair Ringo

Says that the idea that e-waste is such a small component of solid waste is not consistent with constructing a national solution.

051

Craven

Clarifies that he did not say it wasn’t a problem. States that resource conservation is always preferable to throwing something away.

065

Craven

Continues highlighting testimony (EXHIBIT M).

120

Julie Brandis

Associated Oregon Industries. Testifies in opposition to SB 740.

180

Doug Smith

Sony Electronics. Testifies in support of SB 740. 

202

Chair Ringo

Asks what raw materials can be taken out of an old television.

203

Smith

Gives details. Continues testimony in support of SB 740.

273

Chair Ringo

Asks where three million pounds of e-waste is being collected.

274

Smith

Replies in California.

275

Chair Ringo

Thanks witness for his testimony and states that he found it very persuasive.

276

Lorraine Kerwood

Executive Director, Computer Reuse and Recycling Center. Testifies in support of SB 740. Submits written testimony (EXHIBIT N).

353

Matt Blevins

Legislative Affairs Director, Oregon Environmental Council (OEC). States that the OEC supports SB 740 and introduces Heidi Sickert.

356

Heidi Sickert

OEC. Testifies in support of SB 740.

TAPE 62, B

005

Paul Cosgrove

Hewlett Packard (HP). Gives background information on HP recycling.

010

Marcy Eastham

Northwest Government Affairs Manager, HP. Submits and reads written testimony in opposition to SB 740 (EXHIBIT O).

025

Chair Ringo

Asks if the California program is popular among consumers.

028

Larry King

HP, Roseville, California. States that the consumers don’t know about the program. States that participation rate with retailers is very low.

031

Eastham

Continues highlighting testimony (EXHIBIT O).

046

King

Testifies in opposition to SB 740.

065

Chair Ringo

Asks question about incentive.

070

King

Responds. Continues testimony.

090

Chair Ringo

Makes comment.

091

Cosgrove

Responds.

100

Sen. Beyer

Mentions previous witness who testified that the California program was collecting three million pounds per month. Asks if that is correct.

105

King

Replies that no reporting has been done yet.

109

Chair Ringo

Asks if witnesses accept that e-waste is an important public policy issue that needs to be addressed.

110

King

Replies yes.

111

Eastham

Replies yes and believes that manufacturers have a solution.

115

Chair Ringo

Makes comment regarding bottle bill.

116

Eastham

Responds that, with the bottle bill, people get their deposit back.

118

Chair Ringo

Replies that is true.

120

Rick Winterhalter

Association of Oregon Recyclers. Testifies in support of SB 740. Submits written testimony (EXHIBIT P).

150

Oso Martin

Founder and Outreach Coordinator, Free Geek. Gives background information on Free Geek.

153

Chair Ringo

Verifies that Martin recovered 50 percent of the material.

154

Martin

Explains.

157

Chair Ringo

Asks Martin how many employees work for him.

158

Martin

Responds. Continues giving background information on Free Geek and recycling. Expresses support for SB 740 and states that he is confident that the concerns will be worked out.

190

Dale Swanson

Panasonic Matsushita Electric. Testifies in support of SB 740. Submits written testimony (EXHIBIT Q)

213

Randy Tucker

Metro. Testifies in support of SB 740.

230

Bob Danko

Department of Environmental Quality. Testifies on SB 740 and explains neutral position.

235

Tucker

Offers to provide written testimony.

237

Bailey Paine

Recycling Coordinator, Marion County Public Works. Testifies on costs for Marion County and submits written testimony that shows costs for the 2005 fiscal year (EXHIBIT R).

277

Pete Ray Chism

Citizen. Testifies in support of SB 740. Submits written testimony (EXHIBIT S).

312

Mike Dewey

Waste Management, Inc. Testifies in support of SB 740.

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

 

Frank Dick

Environmental Manager, Sharp Microelectronics of the Americas. Submits written testimony in support of SB 740 (EXHIBIT T).

 

Bruce Walker

Solid Waste and Recycling Program Manager, City of Portland. Submits written testimony in support of SB 740 (EXHIBIT U).

 

Marc A. Pearl

Executive Director, Consumer Electronics Retailers Coalition. Submits written testimony in opposition to SB 740 (EXHIBIT V).

320

Chair Ringo

Closes public hearing on SB 740 and adjourns meeting at 8:50 a.m.

 

 

EXHIBIT SUMMARY

 

A.     SB 91, -1 amendments, Staff, 1 p

B.     SB 91, written testimony, Jeannette Holman, 2 pp

C.     SB 92, written testimony, Jeannette Holman, 2 pp

D.    SB 92, written testimony, Danny Krossman, 1 p

E.     SB 92, maps, Danny Krossman, 2 pp

F.      SB 346, -1 amendments, Staff, 37 pp

G.    SB 740, fact sheet, Rep. Jackie Dingfelder, 2 pp

H.    SB 740, report, Rep. Jackie Dingfelder, 101 pp

I.       SB 740, written testimony of Greg Sampson, Rep. Jackie Dingfelder, 1 p

J.      SB 740, written testimony, Craig Lorch, 2 pp

K.    SB 740, written testimony, Wayne Rifer, 2 pp

L.     SB 740, written testimony, Dennis Brown, 9 pp

M.  SB 740, written testimony, Jim Craven, 4 pp

N.    SB 740, written testimony, Lorraine Kerwood, 1 p

O.    SB 740, written testimony, Marcy Eastham, 6 pp

P.      SB 740, written testimony, Rick Winterhalter, 1 p

Q.    SB 740, written testimony, Dale Swanson, 2 pp

R.    SB 740, written testimony, Bailey Paine, 1 p

S.      SB 740, written testimony, Pete Ray Chism, 2 pp

T.     SB 740, written testimony, Frank Dick, 1 p

U.     SB 740, written testimony, Bruce Walker, 2 pp

V.     SB 740, written testimony, Marc A. Pearl, 2 pp