HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

 

 

March 19, 2001                                                                                                       Hearing Room E

1:00 P.M.                                                                                                                     Tapes  61 - 63

 

 

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. Al King

Rep. Carolyn Tomei

Rep. Kelley Wirth

 

STAFF PRESENT:                 Sandy Thiele-Cirka, Committee Administrator

Shannon Relaford, Committee Assistant

 

MEASURES HEARD:          

                                                HB 3451 – Public Hearing

                                                HB 2683 – Work Session

 

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 61, A

004

Chair Jenson

Calls the meeting to order at 1:10 p.m. and opens the public hearing on  HB 3451.

HB 3451 – PUBLIC HEARING

008

Sandy Thiele-Cirka

Administrator. Summarizes HB 3451.

018

Rep. Elaine Hopson

House District 2. Introduces Tillamook County commissioners. Provides background.

045

Tim Josi

Commissioner, Tillamook County. Introduces the panel members. Submits testimony (EXHIBIT A).

079

Paul Hanneman

Commissioner, Tillamook County. Submits (EXHIBIT B) in support of HB 3451. Notes the need for flexibility in the statewide goal process.

101

Josi

Refers to page 29 of (EXHIBIT A). Comments on the 1996 flood impacts and reviews the programs that have been implemented.

223

Leo Kuntz

Provides a slide presentation. Testifies that the estuary has been immobilized by the current infrastructure.

TAPE 62, A

010

Kuntz

Describes a gravel removal project.

041

Clarence Boquist

Retired Dairy Farmer, Tillamook County. Describes the impediments that were encountered when an application for a gravel permit was made.

111

Boquist

Describes the cattle loss and states that Goal 16 is too restrictive.

118

Doug Rosenberg

Discusses environmental concerns and flood control projects.

245

Bill McNeil, Ph.D

Retired Fisheries Professor, Oregon State University. Submits (EXHIBIT C). Discusses the quality of the estuary habitat.

323

Rosenberg

Submits letters in support of the HB 3451, (EXHIBIT D).

349

Bob McPhelters

Mayor, City of Tillamook. Describes the layout of Tillamook City and post flood clean up efforts.

TAPE 61, B

065

Josi

Reviews the permitting process for above tide water.

097

Chair Jenson

Questions which agencies the impediments are generated by.

101

Josi

Answers the land use and environmental agencies. Reviews the three planning zones in Goal 16, estuary natural, estuary conservation and estuary development.

199

Josi

Reviews proposed language.

245

Rep. King

Suggests language to focus on problematic flooding.

274

Chair Jenson

Questions who is accountable for the take of Coho that are located in problem estuaries.

280

Josi

Responds that is unknown.

282

Chair Jenson

Questions if the Oregon Department of Fish & Wildlife’s habitat division assessed the habitats after the flooding.

288

Josi

Responds affirmatively.

334

Richard Stanfill

Tillamook resident.  Comments on what the plight of the smolt would be if a flood happened at this time.

360

Vern Scovell

Nehalem resident. States that Goal 16 needs to be compatible with the new criteria.

393

Shawn Doer

Resident, states he was involved with SB 1010.  Notes that Goal 16 blankets the state where SB 1010 has a basin by basin approach.

405

Wendell Hesseltine

Administrator of Tillamook Hospital.  Discusses the problem of the streets flooding.

449

Kenneth Jenck

Resident of the Trask River. Comments on the water temperature.

460

Don Oswalt

Department of Land Conservation and Development (DLCD). Presents testimony in opposition to HB 3451 (EXHIBIT E).

TAPE 62, B

122

Rep. Leonard

Questions what has been done to develop a plan with Tillamook County that addresses the uniqueness of the situation.

132

Oswalt

Responds that discussions have been about individual permits not land use planning solutions.

148

Rep. Leonard

Notes an adversarial undertone.

158

Oswalt

Responds affirmatively and states that this is the reason for the dispute resolution recommendation.

183

Rep. King

States that DLCD needs to help the county with solving the SB 1010 planning.

202

Bob Rindy

Clarifies that DLCD is prepared to help the county through the exception process.

212

Rep. King

Notes that the salmon issue did not exist at the inception of Goal 16.

223

Rep. Smith

Questions the timeline for the exception process.

229

Oswalt

Responds that it is dependent on the completion of the feasibility study.

232

Josi

States that DLCD should focus on the land use issues. Explains why Goal 16 needs to be amended.

281

Chair Jenson

Closes the public hearing at HB 3451 and opens the work session on HB 2683.

HB 2683 – WORK SESSION

285

Chair Jenson

Responds to Rep. Kruse’s question whether the Oregon Watershed Enhancement Board (OWEB) could have provided the funding. Explains that it is not outside the jurisdiction of OWEB but it was not initially part of the governor’s budget.

300

Rep. Leonard

Explains how OWEB funds would be appropriate for this use and states he will be a no vote.

 

Rep. Kruse

States if the bill is sent to the Ways and Means Subcommittee without recommendation but with a note to look for available means to include as part of OWEB’s funding, then he could support HB 2683.

TAPE 63, A

001

Rep. Lee

Notes concerns with Rep. Kruse’s suggestion.

002

Rep. Knopp

MOTION: Moves to ADOPT HB 2683 –3 amendments dated 3/15/01 (EXHIBIT F).

004

Chair Jenson

Hearing no objection so ADOPTED.

006

Rep. Knopp

MOTION: Moves HB 2683 AS AMENDED without recommendation to the committee on WAYS and MEANS.

011

Rep. Kruse

MOTION: Moves to AMEND the MOTION to include that the committee on WAYS and MEANS explore other funding through such things as OWEB. 

 

 

VOTE:  2-7

AYE:               2 – Kruse, Leonard

NAY:               7 – King, Knopp, Lee, Smith P, Tomei, Wirth,

 

Chair Jenson

The motion FAILS.

059

Rep. Knopp

States he will send a personal note.

065

Rep. Lee

States her objection is not to other funds but to OWEB funds.

066

 

VOTE:  6-3

AYE:               6 – Knopp, Lee, Smith P, Tomei, Wirth, Jenson

NAY:               3 - King, Kruse, Leonard

 

Chair Jenson

The motion CARRIES.

078

Chair Jenson

Closes work session on HB 2683 and adjourns the meeting at 3:15 p.m.

Submitted By,                                                                           Reviewed By,

 

 

 

Shannon Relaford,                                                                    Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

 

Transcribed By,

 

 

 

Linda K. Gatto,

Committee Assistant

 

 

EXHIBIT SUMMARY

 

A. HB 3451, writtent testimony, Tim Josi, 22 pp.

B. HB 3451, page 207 of Title 19, Paul Hanneman, 1p.                 

C. HB 3451, written testimony, Dr. William McNeil, 18 pp.

D. HB 3451, letters of support, Doug Rosenburg, 5 pp.

E.     HB 3451, written testimony, Don Oswalt, 3 pp.

F.      HB 2683 –3 amendment dated 3/15/01, staff, 2 pp.