SENATE COMMITTEE ON TRANSPORTATION
March 7, 2005 Hearing Room C
3:10 P.M. Tapes 30 - 31
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
Patricia Nielsen, Committee Assistant
MEASURES/ISSUES HEARD:
SB 595 – Work Session
SB 859 – Public Hearing and Work Session
SB 566 – Public Hearing
SB 894 – Public Hearing
HB 2223 – 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 30, A |
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005 |
Chair Verger |
Calls meeting to order at 3:14 p.m. Opens work session on SB 595. |
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SB 595 – WORK SESSION |
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010 |
Sen. Whitsett |
MOTION: Moves to ADOPT SB 595-1 amendments dated 2/28/05 (EXHIBIT A). |
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015 |
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VOTE: 5-0-0 AYE: In a roll call vote, all members present vote Aye. |
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Chair Verger |
The motion CARRIES. |
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020 |
Sen. Whitsett |
MOTION: Moves SB 595 to the floor with a DO PASS AS AMENDED recommendation. |
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025 |
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VOTE: 5-0-0 AYE: In a roll call vote, all members present vote Aye. |
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Chair Verger |
The motion CARRIES. SEN. JOHNSON will lead discussion on the floor. |
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030 |
Chair Verger |
Closes work session on SB 595. Opens public hearing on SB 859. |
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SB 859 – PUBLIC HEARING |
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035 |
Judith Callens |
Committee Administrator. Presents overview of SB 859. |
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040 |
Gary Bauer |
NW Natural. Testifies in support of SB 859. Discusses issuing permits for work on public highways and the pending sunset. |
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060 |
Chair Verger |
Closes public hearing and opens work session on SB 859. |
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SB 859 – WORK SESSION |
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065 |
Sen. Whitsett |
MOTION: Moves SB 859 to the floor with a DO PASS recommendation. |
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070 |
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VOTE: 5-0-0 AYE: In a roll call vote, all members present vote Aye. |
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Chair Verger |
The motion CARRIES. SEN. VERGER will lead discussion on the floor. |
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075 |
Chair Verger |
Closes work session on SB 859. Opens public hearing on SB 566. |
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SB 566 – PUBLIC HEARING |
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085 |
Don Bishoff |
Sen. Morrisette’s (District 6) office. Testifies in support of SB 566. Submits written testimony of Sen. Morrisette (EXHIBIT B). Advises there are amendments coming to replace the entire measure and which prevent Oregon Department of Transportation (ODOT) from designating the McKenzie Highway a freight route. Discusses local opposition to the designation in the McKenzie Valley. |
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155 |
Whitsett |
Asks about alternative route on Tombstone Pass. |
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160 |
Bishoff |
Defers. |
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165 |
Sen. Prozanski |
Describes the highway routes. |
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170 |
Bishoff |
Discusses direct routes between cities. |
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185 |
Sen. Whitsett |
Asks about floodgate effect of changing the designation of the McKenzie Highway. |
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190 |
Bishoff |
Discusses designations of other highways. |
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200 |
Sen. Metsger |
Refers to possible amendments. Comments in his district there is support for a scenic highway designation as a freight route. Wants to limit this application to the McKenzie. |
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225 |
Sen. Betsy Johnson |
District 16. Testifies as neutral. Believes there are issues to be resolved between freight passage and tourism. Expresses concern of small coastal communities with freight designation. |
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265 |
Lylla Gaebel |
Clatsop County Commissioner; Chair, Northwest Oregon Area Commission on Transportation (ACT). Testifies in opposition to SB 566 in Tillamook and Clatsop Counties. Urges choosing freight routes carefully. Explains Highway 101 is an All-American highway and Scenic Byway, and is a key attraction of tourism to the coast. Discusses importance of tourism to the coastal communities and fear that tourism would be reduced if the coastal highway is designated a freight route. Would welcome bringing rail up to standards to allow movement of freight along the coast. |
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360 |
Rep. Deborah Boone |
District 32. Discusses disagreements among commissioners about highway designations. |
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390 |
John Jackley |
Highway Division, ODOT. Testifies as neutral on SB 566. Submits written testimony (EXHIBIT C) to address the bill as originally written. Expresses no objection to the -1 amendments of Sen. Morrisette. |
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410 |
Chair Verger |
Asks why there are freight route designations. |
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415 |
Jackley |
Discusses major implications of state freight route designations. Describes what a designation does and does not do. |
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TAPE 31, A |
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020 |
Jackley |
Continues and discusses funding priorities for highways. |
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045 |
Chair Verger |
Refers to Oregonian article changing the designation. |
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050 |
Jackley |
Reiterates he does not object to Sen. Morrisette’s bill. |
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055 |
Sen. Bruce Starr |
Asks if objecting to a freight route designation means reduced funding for highway projects. |
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060 |
Jackley |
Describes edge for funding if the highway is designated a freight route. |
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065 |
Sen. Metsger |
Asks about conflicts between a scenic byway and a freight route. |
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070 |
Jackley |
Advises there are no conflicts. Discusses tourism and marketing along scenic byways. |
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090 |
Chair Verger |
Asks whether having a scenic highway designation affects federal funding to a highway then designated a freight route. |
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095 |
Jackley |
Responds it does. Explains most of Highway 101 is both a scenic byway and a state freight route with both state and federally-funded construction projects. |
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100 |
Chair Verger |
Asks if freight route designation means more truck traffic. |
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105 |
Jackley |
Replies the designation of any highway makes no difference to the volume of truck traffic along that route. Explains capacity is the difference. Discusses economic projections: · 72 percent of Oregon freight moves by truck, and the number is growing · Finite highway system with no plans to add highways · Policy question where freight capacity will be preserved |
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125 |
Sen. Whitsett |
Asks who determines content of a management plan, who improves a plan, and sanctions if the plan is not approved by ODOT. |
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135 |
Jackley |
Discusses checks and balances in Oregon Highway Plan. Describes planning requirements over a twenty-year period for the freight route designation. |
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155 |
Sen. Whitsett |
Asks about sanctions if improvements are not built. |
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160 |
Jackley |
Explains the main one is that the designation is not allowed and work is not permitted. |
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165 |
Sen. Whitsett |
Asks about how comprehensive the plan is. |
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170 |
Jackley |
Replies it depends on the amount of work proposed. Offers to return information to the committee. |
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175 |
Jim Baker |
Blue River Community Development Corp. Testifies in support of SB 566. Submits written testimony (EXHIBIT D). Discusses economic challenges to his community. Compares long-haul freight truck traffic to logging truck traffic. |
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220 |
Sen. Prozanski |
Describes Mr. Baker’s involvement in local affairs. Asks how many attended the public meeting in Walterville. |
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225 |
Baker |
Estimates 300. |
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230 |
Shirley Latimer |
Testifies in support of SB 566. Explains she started the whole movement. Discusses increases in traffic along the McKenzie highway. Refers to the number of roads and driveways branching off the highway. |
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330 |
Sen. Prozanski |
Thanks her for her involvement. Comments on the large public turnout. |
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335 |
Latimer |
Describes all of the interested parties who support the restriction of the highway. |
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340 |
Bob Russell |
President, Oregon Trucking Association (OTA). Testifies in support of SB 566. Submits written testimony (EXHIBIT E). Discusses preferable truck routes. |
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400 |
Scott Bricker |
Oregon Bicycle Transportation Alliance. Testifies in support of SB 566. Expresses concerns whether the bill opens floodgates for other communities to ask for designations. As a planner, wants planning to be done on a more comprehensive basis. |
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TAPE 30, B |
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010 |
Chair Verger |
Closes public hearing on SB 566. Opens public hearing on SB 894. |
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SB 894 – PUBLIC HEARING |
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|
015 |
Judith Callens |
Committee Administrator. Presents overview of SB 894. |
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020 |
Lylla Gaebel |
Clatsop County Commissioner; Chair, Northwest Oregon Area Commission on Transportation (ACT). Testifies in opposition to SB 894. Discusses public comments on the State Transportation Plan. Opposes designation of Highway 101 in Clatsop and Tillamook counties as freight route. Discusses importance of tourism to the area’s economic development. Expresses concern over anything that will keep tourists away from the communities. Recommends expanding rail capacity along Highway 101. |
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070 |
Chair Verger |
Refers to Section 3, under which a local government may apply for an exemption. |
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080 |
Gaebel |
Responds she would rather avoid designation than ask for exemption. |
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090 |
Charles Tannenbaum |
Retired physician living along Hwy 126. Testifies in opposition to SB 894. Suggests it does not take into consideration characteristics of local roads or local preferences. Describes the country through which the McKenzie River flows and along which the highway runs. Explains the staff recommendation to ODOT was to advise the agency that the McKenzie Highway be removed from consideration as a freight route. |
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135 |
Jane Maxwell |
Vita, Oregon. Lives on the McKenzie River. Member of SMASH (Scenic McKenzie Association for Safe Highways). Testifies in opposition to SB 894 and in support of SB 566 as amended. Discusses the noise made by the truck traffic along the river. Expresses concern over the possibility of a bad accident resulting in hazardous waste spill or injury. |
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170 |
Chair Verger |
Asks whether she would support SB 894 if SB 566 passes. |
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175 |
Sen. Prozanski |
Discusses the interaction between SB 566, proposed SB 566 amendments, and SB 894. |
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185 |
Chair Verger |
Discusses and compares measures. |
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190 |
Bob Russell |
Oregon Trucking Association (OTA). Testifies in support of SB 894. Submits written testimony (EXHIBIT F). Discusses prohibition, exemptions available, and appeal process for exceptions to the statutory requirements. Discusses aspects of the national highway system and state highway freight system. Supports a multi-modal transportation system but points out the last mile of the system is often transport by truck. Links Oregon economy with the health of the trucking industry. |
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290 |
Bob Russell |
Continues and urges protection of highway capacity for both truck and automobile traffic. Discusses meaning of capacity. Discusses proposed amendments contained in his written testimony:
Asks for time to resolve some issues. |
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TAPE 31, B |
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015 |
Sen. Prozanski |
Asks what criteria the federal level uses to designate a national highway system highway. |
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020 |
Russell |
Explains the state designates the routes but the Federal Highway Administration approves the designation. |
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025 |
Sen. Prozanski |
Asks about process for public access to recommendations by interest groups who communicate with ODOT. |
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040 |
Russell |
Defers to ODOT. |
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045 |
Sen. Prozanski |
Clarifies he wants to protect vehicle-carrying capacity by restricting some physical development which would slow or restrict truck traffic. |
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050 |
Sen. Prozanski |
Asks for additional information from ODOT. |
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The following prepared testimony is submitted for the record without public testimony for SB 894: |
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Sidney Leiken |
Submits written testimony (EXHIBIT G) |
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Kelly Scannell Brooks |
Submits written testimony (EXHIBIT H) |
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055 |
Chair Verger |
Closes public hearing on SB 894. Opens public hearing on HB 2223. |
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HB 2223 – PUBLIC HEARING |
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070 |
Kevin Neely |
Executive Assistant to Attorney General Hardy Myers, Department of Justice. Testifies in support of HB 2223. Submits written testimony (EXHIBIT I). Discusses the anti-panhandling statute which was declared unconstitutional but is still on the books and is sometimes cited by law enforcement agencies. |
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090 |
Sen. B. Starr |
Asks how to put something back into the statutes. |
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095 |
Neely |
Responds a constitutional amendment may be needed. |
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105 |
Sen. Metsger |
Asks about requiring panhandlers to carry liability insurance. |
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125 |
Neely |
Offers to return information to the committee. |
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135 |
Chair Verger |
Closes public hearing on HB 2223. Adjourns the committee at 4:48 p.m. |
EXHIBIT SUMMARY
A. SB 595, -1 amendments (2-28-05), staff, 1 p
B. SB 566, written testimony of Sen. Bill Morrisette, Don Bishoff, 2 pp
C. SB 566, written testimony, John Jackley, 2 pp
D. SB 566, written testimony, Jim Baker, 1 p
E. SB 566, written testimony, Bob Russell, 1 p
F. SB 894, written testimony, Bob Russell, 6 pp
G. SB 894, written testimony, Sidney Leiken, 3 pp
H. SB 894, written testimony, Kelly Scannell Brooks, 2 pp
I. HB 2223, written testimony, Kevin Neely, 1 p