HOUSE COMMITTEE ON STREAM RESTORATION & SPECIES RECOVERY

 

 

January 17, 2001                                                                                                     Hearing Room E

1:00 P.M.                                                                                                                          Tapes 8 - 9

 

MEMBERS PRESENT:         Rep. Bob Jenson, Chair

Rep. Jan Lee, Vice-Chair

Rep. Randy Leonard Vice-Chair

Rep. Tim Knopp

Rep. Jeff Kruse

Rep. Patti Smith

Rep. Carolyn Tomei

Rep. Kelley Wirth

 

MEMBER EXCUSED:          Rep. Al King

 

MEMBER VISITING:                       Rep. Wayne Krieger

 

STAFF PRESENT:                 Sandy Thiele-Cirka, Committee Administrator

Shannon Relaford, Committee Assistant

 

ISSUES HEARD:                   Introduction of Committee Bills

                                                Oregon Plan Overview:

                                                   League of Oregon Cities

                                                   Willamette Restoration Initiative (WRI)

                                                   Greater Salem Area Watershed Council

                                                   Association of Oregon Counties (AOC)

                                                   Soil & Water Conservation Districts

 

 

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 8, A

005

Chair Jenson

Calls meeting to order at 1:06 p.m. Opens work session.

INTRODUCTION OF COMMITTEE BILLS

 

Chair Jenson

Explains how the proposed bill provides an avenue for appeal. (EXHIBIT A).

042

Rep Lee

MOTION:  Moves to AMEND LC 64 on page 1, line 8, delete “person” and insert “applicant.”

048

Chair Jenson

Hearing no objection declares the motion CARRIED.

053

Rep. Kruse

MOTION: Moves LC 64 as amended BE INTRODUCED as a committee bill.

064

 

VOTE:  8-0

AYE:               8 - Knopp, Kruse, Lee, Leonard, Smith P, Tomei, Wirth, Jenson

EXCUSED:     1 – King

074

Chair Jenson

The motion CARRIES.

077

Chair Jenson

Closes work session and opens informational meeting. 

OREGON PLAN OVERVIEW

080

Willie Tiffany

League of Oregon Cities (LOC). Refers to (EXHIBIT B), provides overview.

125

Tiffany

Refers to page four of (EXHIBIT B).

219

Tiffany

Clarifies the term “take”.

224

Rep. Tomei

Questions what is meant by Municipal, Residential, Commercial and Industrial (MRCI) limits.

226

Tiffany

Explains that under the 4(d) ruling, if an entity follows a certain procedure or submits a plan that meets specific standards NMFS applies an exception status. States the limits address municipal and industrial development in urban areas.

284

Chair Jenson

States a limit equals exemption.

286

Rep. Lee

States Clackamas County has filed for such an exemption.

287

Rep. Kruse

States the Oregon Plan is suppose to be inclusive. Expresses concern about NMFS and Metro creating separate deals outside the plan.

292

Tiffany

Explains that all communities have liability under the Endangered Species Act.

321

Rep. Kruse

Comments that the State of Oregon did not clarify that anybody operating in good faith under the Oregon Plan will be under the protection of the state against any federal action.

338

Chair Jenson

States for the record that it will be part of this committee’s agenda to work toward that end.

340

Rep. Tomei

Refers to page five, (EXHIBIT B) and questions how are urban areas without sewers addressed. 

343

Tiffany

Responds that municipalities are required to file comprehensive plans to entail these issues.

378

Rep. Tomei

Clarifies the reference is to urban areas not located in cities.

381

Tiffany

Explains that county government serves unincorporated areas.

412

Tiffany

Continues with presentation.

434

Rep. Kruse

Questions how cities comply with the Endangered Species Act (ESA) or the Clean Water Act.

435

Tiffany

Explains for cities that discharge into streams, the regulatory impact of the Clean Water Act is immediate but there is a process to follow. In regard to the ESA, the fear for municipalities is there are many uncertainties.

462

Chair Jenson

Inquires how would LOC assess the Oregon Plan.

465

Tiffany

Responds the Oregon Plan has been successful, through OWEB and other grant sources, with involving private landowners in watershed enhancement issues. 

TAPE 9, A

049

Chair Jenson

Inquires, in relation to regulations, if LOC believes the Oregon Plan has been beneficial.

058

Tiffany

Responds affirmatively but notes that the Oregon Plan does not relieve liabilities under federal law and compliance is foremost. Notes the Oregon Plan would be more effective if coordinated with the regulatory structure.

068

Rep. Krieger

Questions at what point will there be recovery.

076

Tiffany

Responds that in general, municipalities are struggling with these issues one on one with NMFS.

086

Rick Bastasch

Executive Director, Willamette Restoration Initiative (WRI).  Submits (EXHIBIT C) and reviews.

164

Bastasch

Refers to the recommended actions on page two, (EXHIBIT C).

273

Rep. Leonard

Notes that Department of Environmental Quality (DEQ) and the City of Portland are represented on the WRI board of directors and questions if sewage issues are being discussed.

306

Bastasch

Responds the board has been informed of the Combined Sewage Overflow (CSO) requirement and requested to review this issue at the February 21st meeting.

336

Rep. Leonard

Notes that smaller cities have been ordered by DEQ to reduce their sewage output by as much as 99.6%, however, the City of Portland has to reduce by only 85%. 

364

Rep. Kruse

Questions if there are further details on the strategies.

367

Bastasch

Responds yes there will be.

383

Rep. Kreger

Questions what in ODFW’s wild fish policy would allow achievement of item III on page two, (EXHIBIT C).

407

Bastasch

Responds the proposal is that the policies be peer reviewed and founded on the best available science.

 

426

Lisa Hemaseth

Watershed Council Coordinator, Greater Salem Area Watershed Council. Reviews the four essential elements of the Oregon Plan and states that watershed councils play a major role in community based actions.

071

Council Members

Wendy Krueger, Pringle Creek Watershed Council; Liz Frances, professional landscape designer; Mark Whiprect, Friends of Mill Creek; Jim Castle, Glen Gibson Creek Watershed Council; provide insight on the reasons why they are personally involved in watershed councils.

170

Rep. Krieger

Comments in support of watershed council members.

177

Rep. Smith

Comments in support of watershed council members.

 

182

Patricia Gainsforth

Past President, Oregon Association of Conservation Districts, (OACD). Provides historical background of Soil and Water Conservation Districts.

281

Mike Barlow

Past President, OACD. Relates concerns relating to the Oregon Plan.

348

Johnny Sundstrom

Siuslaw Soil and Water Conservation District, 2nd Vice President. Submits (EXHIBIT D). Offers suggestions for the Oregon Plan:

·         Technical assistance

·         Financial management

·         Outreach and education

·         Allocation of resources

TAPE 9, B

054

Rep. Lee

Refers to SB 443, the institutionalization of the Oregon Plan.

072

Barlow

Relates personal observations.

 

158

Tim Josi

Tillamook County Commissioner, Association of Oregon Counties (AOC) leadership team member. States that the Soil and Water Conservation Districts play an important role because they have the landowners trust. Submits (EXHIBIT E) and reviews.

250

Josi

Discusses the AOC contributions to the Oregon Plan.

287

Josi

Concludes testimony with requests from the 36 counties:

·         Enhance county participation;

·         Move decision making to the local level;

·         Encourage sound scientific site-specific outcome based management; and

·         Prevent unfunded mandates on the counties.

 

322

Josi

Continues requests,

·         Support efforts to gain state and private funding for projects; and

·         Assist the state in gaining federal grant funds.

350

Josi

States support of the outcome based collaborative approach of the Oregon Plan. Suggests that watershed council coordinators be provided with training.

400

Chair Jenson

Adjourns meeting at 4:30 p.m.

 

 

 

 

 

 

 

 

 

 

Transcribed By,                                                                        Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

EXHIBIT SUMMARY

 

A – LC Draft 64 3/21/00, staff, 3 pp.

B – Oregon Plan Overview, written testimony, Willie Tiffany, 11 pp.

C – Oregon Plan Overview, written testimony, Rick Bastasch, 4 pp.

D – Oregon Plan Overview, written material, Johnny Sundstrom, 15 pp.

E – Oregon Plan Overview, written testimony, Tim Josi, 2 pp.