CC Minutes - 03/09/98 Meeting - Laserfiche WebLink

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training on all regulated companies. She said the Chamber of Commerce supported paying the cost of operating the program from the General Fund until actual costs were determined. Mary O'Brien, 3525 Gilham Road, stated that she was a member of the Toxics Board. She said "optimal funding" for the Toxics Right-to-Know Program had been supported by both industry and public representative members of the board. She reported that there were conflicting opinions about the legality of basing fees for the program on the quantity of chemicals used. She said State law allowed local governments to charge fees for such programs based on quantities only if they were "supplemental" to State Fire Marshal's programs. She stated that if the proposed budget did not allow for adequate support of the program, fees could be increased in future years. Jennifer Gleason, 1031 West 10th Avenue, stated that she had been a co-petitioner for the Toxics Right to Know Charter Amendment Initiative. She thanked the Toxics Board and City Council for its work in developing the program. She pointed out that the amendment provided that industries regulated by the program were to pay for its cost. She said that she believed basing fees on the number of employees was reasonable until additional information was available. She said she supported the recommendation of the Toxics Board. Determining that there were no additional persons wishing to testify, Mayor Torrey closed the public hearing. B. Council Deliberation Mr. Meisner expressed appreciation for testimony dealing with State limitations on charging fees based on quantities of chemicals used. He requested that staff prepare a written report dealing with the topic. Mr. Tollenaar asked what process had been followed to determine which businesses were to be regulated by the Toxics Right-to-Know Charter amendment. Mr. Potter described how approximately 300 businesses had been investigated to determine the current list of approximately 50 to be tracked for regulation. He said that no business was required to identify itself, but that reports required in 1999 would identify those to be regulated. In response to another question from Mr. Tollenaar, Mr. Potter explained that Oregon Revised Statutes prohibited local governments from duplicating fees of the State Fire Marshal. City Attorney Glenn Klein added that one court challenge of the Eugene Toxics Right-to-Know Charter amendment had been that it was pre-empted by State law. He said the case was currently in the appeal process and would not be determined for some time. Ms. Swanson Gribskov stated that she was concerned that all necessary businesses would be identified for regulation in the Toxics Right-to-Know Program. She asked how businesses were informed of the public hearing just completed. Mr. Potter replied that the Toxics Board includes three representatives of business, that the Chamber of Commerce had been notified, and that a formal letter had been sent to all known businesses that would be affected by the program. Ms. Swanson Gribskov stated that she supported a reduced budget for the program, giving it an opportunity to grow in the future. Minutes--Eugene City Council March 9, 1998 Page 4 7:30 p.m.