Item 3: Discuss and Approve Non-Unanimous IGR Positions

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Title: Extends local government approval of residential development permits for two years. Declares emergency, effective on passage. Sponsored by: Representative SCHAUFLER (at the request of Oregon Home Builders Association) URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3031.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Steve Nystrom Steve Nystrom PDD-ADM 3/19/2009 Pri 3 Yes YesIV. D2 Neutral Comments: This bill would extend the expiration date of land use applications involving residential development for 2 years beyond the current expiration date. In many jurisdictions, there are numerous development requests that have been approved, but given the current economic climate, have been put on hold by applicants. This bill is intended to provide some assistance during this current downtown. Extension of the expiration date would not necessarily pose any direct impact to local jursidictions. One possible amendment which could help make this bill work more effectively with community members would be to require that applicants provide notice of this time extension to those who originally received notice for the project, so that they are aware of the time frames in which the project may still proceed. HB 3036 Relating Clause: Relating to telecommunications service. Title: Provides that rates, terms, conditions, charges and fees for telecommunications services provided by telecommunications utility electing to be regulated under Act are not subject to regulation by Public Utility Commission. Provides for transition period during which rates charged by telecommunications utility for primary line basic local exchange service are subject to price caps. Requires commission to exempt telecommunications utility from providing certain measures of service quality in required report if telecommunications utility petitions commission and has met service quality levels in previous 12 months. Sponsored by: COMMITTEE ON SUSTAINABILITY AND ECONOMIC DEVELOPMENT URL:http://www.leg.state.or.us/09reg/measpdf/hb3000.dir/hb3036.intro.pdf ContactRespondentDept Updated Priority Policy Poli Numb Recommendation Pam Berrian Pam Berrian CS-ISD 3/17/2009 Pri 2 Yes YesIX Oppose Comments: HB 3036 would relieve regulatory control over ILECs (the Incumbent carriers who are small in number but cover the state as dial tone, local exchange carriers---the baby bells). My primary concern is that if ILECs think they deserve this type of regulatory relief, then it is time to repeal ORS 221.515 rights of way use fee limitations (1989) sought by ILECs because they were regulated by the PUC. If that regulation disappears, so to should ORS 221.515 which placed an undue burden on local governments who receive rights of way use fees from commercial users. If ILECs want to look like a CLEC (unregulated competitive providers which do NOT get their rights of way use fees limited by ORS 221.515, then ILECs no longer need ORS 221.515. If 221.515 is not repealed, Telecom Program staff are concerned that if ILECs receive the de-regulation benefits of this bill and begin to look more like CLECs, CLECs will use the non-discriminatory treatment provisions of the Federal Telecom Act to try to force local governments to use ORS 221.515 limiting guidelines when assessing ROW use fees....with a potential resulting loss of ROW use fees for cities (including Eugene). That 'force' could come in the form of litigation. It also appears that Section 6 impacts consumer protections by exempting service quality measure reporting if an ILEC met a service quality benchmark in the 12 months 21