SENATE COMMITTEE ON TRANSPORTATION

 

 

March 02, 2005                                                                                                       Hearing Room C

3:10 P.M.                                                                                                                     Tapes  27 - 29

 

MEMBERS PRESENT:         Sen. Joanne Verger, Chair

Sen. Doug Whitsett, Vice-Chair

Sen. Rick Metsger

Sen. Floyd Prozanski

Sen. Bruce Starr

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

Gary Roulier, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 842 – Public Hearing

Metropolitan Planning Organizations – Informational Meeting

SB 595 – Public Hearing

SB 373 – Public Hearing and Work Session

SB 685 – 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 27, A

003

Chair Verger

Opens the meeting at 3:14 p.m. and opens a public hearing on SB 842.

SB 842 – PUBLIC HEARING

004

Chair Verger

Recesses the meeting at 3:15 p.m.

005

Chair Verger

Reconvenes the meeting at 3:18 p.m.

008

Judith Callens

Administrator. Explains the provisions of the bill.

011

Sen. Ryan Deckert

Senate District 14. Presents written testimony (EXHIBIT A) and testifies in support of SB 842.

061

Sen. Ben Westlund

Senate District 27. Testifies in opposition to SB 842. Notes that in some parts of the state, studded tires are a necessity for safety.

107

Sen. Ted Ferrioli

Senate District 30. Testifies in opposition to SB 842. States that this issue has been visited in previous legislative sessions.

163

Sen. Ferrioli

Adds that this bill will be referred to Ways and Means.

183

John Jackley

Executive Officer, Highway Division, Oregon Department of Transportation (ODOT). Presents written testimony (EXHIBIT B) and a report entitled “Studded Tire Use in Oregon” (EXHIBIT C) and testifies that ODOT is neutral on SB 842.

213

Chair Verger

Asks if he agrees with the estimate of $11 million of annual damage to the roads.

215

Jackley

Agrees that is probably a good estimate of the damage.

217

Chair Verger

Notes that this bill would provide additional revenue to the state highway fund.

220

Jackley

Reviews how the funds would be collected and disbursed.

224

Sen. Whitsett

Asks if there has been a recent study on the damage caused by studded tires.

228

Jackley

Responds that a study was conducted in 2000.

233

Sen. Metsger

Reviews a Washington state study that demonstrates that stopping distances on dry pavement is greater when studded tires are installed.

253

Jackley

Notes that he does not have that particular data but will provide it to the committee.

259

Sen. Metsger

Points out that several states have banned studded tires.

268

Jackley

Responds that he will provide that information to the committee as well.

275

Mark Nelson

Les Schwab Tire Centers. Presents written testimony (EXHIBIT D) and a report entitled “Socio-Economic Effects of Studded Tire Use on Alaska” (EXHIBIT E) and testifies in opposition to SB 842.

336

Nelson

Reviews a study that examined studded tire use in Alaska. 

377

Nelson

Observes that some people are not physically able to install chains on their vehicles.

TAPE 28, A

005

Nelson

Notes that we must consider the total costs, i.e., accidents and increased insurance rates, and not just the cost of the damage to roads. Adds that this is also a fairness issue.

027

Sen. Whitsett

Asks about the traction differences between snow tires and studded tires on packed or wet snow and ice.

040

Nelson

Answers by reviewing the unique climate of eastern Oregon, specifically that the snow melts during the day and then freezes during the night.

051

Sen. Metsger

Discusses the prices of studded tires with the witness. Adds that the bill’s intent is to act as a disincentive and the proposed fee should not be a hardship to users of studded tires.

088

Nelson

Restates his belief that the additional fee would mean some people would not use the studded tires.

097

Rep. Terry Beyer

House District 12. Testifies in support of SB 842. Reviews an examination of this issue during the interim.

141

Rep. Beyer

Continues a summary of past efforts on this issue and reviews ODOT estimates of damage to roads due to studded tires.

175

Rep. Beyer

States that people drive faster in bad conditions with studded tires.

183

Sen. Metsger

Thanks Rep. Beyer for her work during the interim.

189

Rep. Dave Hunt

House District 40. Testifies in support of SB 842.

227

Sen. Prozanski

Asks if there was a discussion during the interim on a ban in specified  areas of the state.

244

Rep. Beyer

Reviews discussions but notes that no consensus was reached.

271

Sen. Whitsett

Reviews the type of road conditions at higher elevations.

298

Rep. Beyer

Restates that this bill would not take away anyone’s choice to utilize studded tires.

305

Rep. Hunt

Notes that those drivers causing the most damage to the roads do not live in the areas of higher elevation.

319

Sen. Whitsett

Asks why a fee should be assessed to those who really need the tires.

325

Rep. Rosenbaum

Emphasizes that the fee would be assessed on anyone purchasing studded tires.

351

Glen Stonebrink

Oregon Cattlemen’s Association. Testifies in opposition to SB 842.

405

Stonebrink

States that this fee would be a discrimination against those who live in the eastern portion of the state.

TAPE 27, B

011

Stonebrink

Discusses safety issues.

033

Chair Verger

Closes the public hearing and opens an informational meeting on the Metropolitan Planning Organizations.

METROPOLITAN PLANNING ORGANIZATIONS – INFORMATIONAL MEETING

039

Betty Griffiths

Councilor, City of Covallis. Presents a PowerPoint presentation (EXHIBIT F) and an information packet consisting of a roster of Metropolitan Planning Organizations (MPO) and resolutions related to transportation (EXHIBIT G).

098

Michael Quilty

Councilman, City of Central Point. Continues an explanation of the multi-modal concerns of the MPO and their federal requirements.

152

Dan Clem

Councilor, City of Salem. Continues a discussion of the MPO strategies related to multi-modal programs.

197

Rex Burkholder

Councilor, Metro. Reviews the twenty-year regional transportation plans of the MPOs.

247

Burkholder

Reviews the bottlenecks situated within the Portland area.

287

Chair Verger

Closes the informational meeting and opens a public hearing on SB 595.

SB 595 – PUBLIC HEARING

293

Callens

Reviews the provisions of the bill.

314

Sen. Betsy Johnson

Senate District 16. Testifies in support of SB 595.

363

Mark Gibson

Timberland Logging. Presents written testimony (EXHIBIT H) and testifies in support of SB 595.

TAPE 28, B

003

Gibson

Reviews how refueling operations are conducted when helicopters respond to a forest fire.

038

Chair Verger

Asks if the fuel truck drivers work for the helicopter company.

041

Gibson

Responds with an explanation of how refueling operations are carried out in fire fighting operations.

059

Sen. Whitsett

Asks how the reduction of the availability of fixed wing fire fighting aircraft has affected their operations.

059

Gibson

Comments on the availability of federal air tankers and how those operations differ from helicopter fire fighting operations.

081

Sen. Whitsett

Relates an experience fighting fires where the fuel truck was caught in the fire.

089

Sen. Johnson

Stresses the importance of the right combination of assets to fight fires.

108

Chair Verger

Closes the public hearing on SB 595.

114

Sen. Metsger

Asks if heavy trucks are allowed to use studded tires.

120

Bob Russell

President, Oregon Trucking Association. Responds that heavy trucks are not allowed to use studded tires.

125

Chair Verger

Opens a public hearing on SB 373.

SB 373 – PUBLIC HEARING

132

Callens

Explains the provisions of SB 373, and presents the -3 amendments (EXHIBIT I).

167

Tricia Smith

Oregon School Employees Association. Testifies in support of SB 373 and the intent of the -3 amendments.

213

John Stubenvoll

Communications Director, Oregon Liquor Control Commission (OLCC). Testifies in support of SB 373 and notes that the type of  OLCC employees covered is narrowly defined.

249

Sen. Metsger

Asks if OLCC has done any analysis of how many employees would be protected under this measure.

253

Stubenvoll

Responds that he has spoken to individual staff members that have been threatened.

269

Chair Verger

Closes the public hearing and opens a work session on SB 373.

SB 373 – WORK SESSION

287

Sen. Prozanski

MOTION:  Moves to AMEND SB 373 on page 2, in line 32, after "district attorney," insert "as defined in ORS 131.005 ".

 

 

VOTE:  4-0-1

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

EXCUSED:  1 - B. Starr

 

Chair Verger

The motion CARRIES.

327

Sen. Whitsett

MOTION:  Moves to ADOPT SB 373-3 amendments dated 2/28/05.

 

 

VOTE:  4-0-1

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

EXCUSED:  1 - B. Starr

 

Chair Verger

The motion CARRIES.

351

Sen. Whitsett

MOTION:  Moves SB 373 to the floor with a DO PASS AS AMENDED recommendation.

360

Sen. Prozanski

Declares a possible conflict of interest as he is a district attorney and therefore affected by the provisions of the bill.

 

 

 

365

 

VOTE:  4-0-1

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

EXCUSED:  1 - B. Starr

 

Chair Verger

The motion CARRIES.

SEN. PROZANSKI will lead discussion on the floor.

371

Chair Verger

Closes the work session and opens a public hearing on SB 685.

SB 685 – PUBLIC HEARING

375

Callens

Explains the provisions of the bill.

385

Ken McDermott

Legislative Assistant for Sen. Charles Starr. Testifies in support of SB 685.

TAPE 29, A

002

McDermott

Continues with an explanation of the intent of the bill.

013

Jackley

Presents an information packet containing written testimony and a report entitled “U-Turn Feasibility Study Report” (EXHIBIT J) and testifies in support of SB 685.

040

Chair Verger

Asks about the differences between being “able” to make a U-turn rather than “prohibitions” against U-turns.

043

Jackley

Explains the differences.

050

Sen. Prozanski

Summarizes the existing law and the suggested changes.

065

Chair Verger

Asks why the estimated costs are so high.

069

Jackley

Responds with an explanation of the inspections of intersections and other analysis by traffic personnel that would be necessary.

080

Chair Verger

Comments that any change seems to have a high cost attached.

089

Jackley

Reviews some of the safety concerns at intersections.

098

McDermott

Explains the original intent of the bill.

109

Chair Verger

Asks for the cost of the study.

112

Jackley

Answers that he does not have the figures but will provide the information to the committee.

115

Chair Verger

Closes the public hearing on SB 685 and reopens a work session on SB 373.

SB 373 – WORK SESSION

123

Callens

Presents the -2 amendments (EXHIBIT K) and explains that they contain the language Sen. Prozanski suggested as his conceptual amendment.

125

Sen. Whitsett

MOTION:  Moves to ADOPT SB 373-2 amendments dated 2/14/05.

 

 

VOTE:  4-0-1

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

EXCUSED:  1 - B. Starr

 

Chair Verger

The motion CARRIES.

135

Sen. Whitsett

MOTION:  Moves to ADOPT SB 373-3 amendments dated 2/28/05.

 

 

VOTE:  4-0-1

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

EXCUSED:  1 - B. Starr

 

Chair Verger

The motion CARRIES.

140

Sen. Whitsett

MOTION:  Moves SB 373 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-1

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

EXCUSED:  1 - B. Starr

 

Chair Verger

The motion CARRIES.

153

Chair Verger

Closes the work session and adjourns the meeting at 5:15 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 842, written testimony, Sen. Ryan Deckert, 1 p
  2. SB 842, written testimony, John Jackley, 1 p
  3. SB 842, report, John Jackley, 19 pp
  4. SB 842, written testimony, Mark Nelson, 2 pp
  5. SB 842, report, Mark Nelson, 19 pp
  6. Metropolitan Planning Organizations, PowerPoint, Betty Griffiths, 4 pp
  7. Metropolitan Planning Organizations, information packet, Betty Griffiths, 21 pp
  8. SB 595, written testimony, Mark Gibson, 3 pp
  9. SB 373, -3 amendments, staff, 1 p
  10. SB 685, information packet, John Jackley, 24 pp
  11. SB 373, -2 amendments, staff, 1 p