HOUSE COMMITTEE ON STREAM RESTORATION

 & SPECIES RECOVERY

 

 

March 26, 2001                                                                                                       Hearing Room E

1:00 P.M.                                                                                                                     Tapes  67 - 68

 

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

Linda K. Gatto, Committee Assistant

 

MEASURES HEARD:          

                                                HB 2998 – Public Hearing

                                                HB 3451 – Work Session

                                                HB 3572 – 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.

 

TAPE/#

Speaker

Comments

TAPE 67, A

004

Chair Jenson

Calls the meeting to order at 1:55 p.m. as a sub committee and opens the public hearing on HB 2998.

HB 2998 – PUBLIC HEARING

010

Sandy Thiele-Cirka

Administrator. Summarizes HB 2998 and the  –1 amendment (EXHIBIT A).

026

Kent Madison

Farmer, Umatilla County. Testifies in support of HB 2998. States the objective and provides background on the development of HB 2998.

083

Rep. Lee

Questions if this would jeopardize the assessment base.

090

Madison

Explains the current tax system.

114

Rep. Lee

Questions if there is a provision in the amendments to provide input from the soil and water conservation districts.

120

Madison

Responds that every citizen in that district has the ability to vote.

137

Katie Cate

Representing the Oregon Cattlemen’s Association. Testifies in opposition to HB 2998. Explains how the bill would be unfair to certain water users.

160

Rep. Tomei

Questions if the proposed legislation is voluntary.

164

Cate

Responds it would have to be voted on before implementation.

168

Chair Jenson

Questions if the voters have the information to make this decision.

174

Cate

Responds that well users will be impacted less than irrigators.

189

Pete Test

Representing Oregon Farm Bureau. Testifies in opposition of HB 2998, but notes some support for the –1 amendment.

213

Jim Welsh

Oregon Family Farm Association. Testifies in opposition to HB 2998.

255

Geoff Huntington

Executive Director, Oregon Watershed Enhancement Board (OWEB). Reads prepared testimony (EXHIBIT B).

289

Aubrey Russell

Representing Oregon Trout. Reads prepared testimony in support of HB 2998 (EXHIBIT C).

353

Rep. Tomei

Questions if he supports the proposed amendments.

355

Russell

Explains his views on the proposed amendments.

397

Doug Myers

Representing WaterWatch. Testifies in support of HB 2998. Notes concern about criteria to address statewide concerns of water quality issues. Expresses concern that the bill could be a blank check for soil and water districts.

TAPE 68, A

011

Chair Jenson

Closes the public hearing on HB 2998. States that HB 2998 will be scheduled on April 5th  and 6th.

029

Rep. Kruse

States that he would like to hear from the Oregon Association of Conservation Districts. Comments that they have the ability to determine the tax base. Notes concern with OWEB’s position on funding. Points out that the main point lacking in salmon recovery is technical expertise.

055

Chair Jenson

Opens the work session HB 3451.

HB 3451 – WORK SESSION

085

Thiele-Cirka

Explains HB 3451 -1 and -2 amendments dated 3/23/01.        (EXHIBIT D).

094

Tim Josi

Tillamook County Commissioner. Submits written correspondence (EXHIBIT E) and the –3 through –6 amendments dated 3/26/01.  Summarizes the -4 amendment (EXHIBIT F).

172

Josi

Notes the -4 amendment is acceptable but the –6 dated 3/26/01 is preferred.

179

Rep. King

Requests clarification on shall and may.

184

Josi

Clarifies language.

200

Rep. Lee

Questions the difference between the -4 and -6 amendments.

205

Josi

Explains.

212

Rep. Kruse

Comments that the -4 amendments are more definitive.

265

Rep. Kruse

MOTION:  Moves to ADOPT HB 3451-4 amendments dated 3/26/01.

268

Rep. King

States support for -4 amendments and notes there are still concerns to address.

318

Doug Rosenburg

Explains tidewater areas, and how over a million yards of sedimentation has been lost due to erosion. Notes that it is important to deal with the issues in cubic yards.

364

Josi

Summarizes the hurdles faced by counties.

406

Rep. King

Asks for clarification of a choke point.

(HB 3451) Written testimony submitted by Kay Brown (EXHIBIT I)

TAPE 67, B

011

Josi

Explains that a choke point is 200 feet or less.

017

Rep. Wirth

Questions why an exception to Goal 16 was not pursued.

023

Josi

Refers to the permitting process, biological assessments, and other time consuming issues.

051

Rep. Wirth

Questions if the process described is more arduous than amending a statewide statue.

053

Josi

Responds affirmatively and states that the current process does not allow time to react to floods.

064

Rep. Wirth

Asks if HB 3451 is amending a statewide goal for one estuary.

073

Josi

Explains that Goal 16 does not take in to account that the rivers fill with sediment.

083

Chair Jenson

Request information on the financial impact caused by flooding on the communities.

095

Josi

Responds that in the 1996 floods, private property and infrastructure losses were over $60 million in Tillamook County.

152

Dick Benner

Director, Department of Land Conservation and Development (DLCD). Discusses the issues between Tillamook County and DLCD in developing HB 3451.

226

Rep. Leonard

Questions if the -4 amendments would require more hearings.

234

Brenner

Refers to the proposed language change of shall to may and interprets it as a suggestion to the commission to amend the goal.

242

Rep. Leonard

Questions if Goal 16 considers sediment issues.

261

Benner

Discusses the sediment issue, dredging and other processes.

309

Rep. Wirth

Questions if this is an amendment to the statewide planning goal.

323

Rep. Kruse

Notes that the legislature can amend statewide planning goals. Questions if to amend the goal, the language shall would have to remain.

357

Harrison Conley

Deputy Legislative Counsel. Clarifies the language shall encourages DLCD to make the change but does not direct them to do so.

378

Rep. Wirth

Questions if the change in the language would require the department to go through the same process of amending the goals.

386

Conley

Responds affirmatively.

TAPE 68, B

 

 

VOTE:  9-0

451

Chair Jenson

Hearing no objection, declares the motion CARRIED.

462

Chair Jenson

Closes the work session on HB 3154 and opens the public hearing on HB 3572.

HB 3572 – PUBLIC HEARING

040

John Griffith

Coos County Commissioner. Reads prepared testimony (EXHIBIT G).

118

Chair Jenson

Closes the public hearing on HB 3572 and adjourns the meeting at  3:25 p.m.

Written testimony submitted by Robin Hartman, (EXHIBIT H).

 

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka

Committee Assistant                                                                 Committee Administrator

 

 

Transcribed By,

 

 

 

Michael Reiley,

Committee Assistant

 

 

EXHIBIT SUMMARY

 

A.     HB 2998 -1 amendment dated 3/19/01, 2 pp.

B.     HB 2998, prepared testimony, Geoff Huntington, 1 p.

C.     HB 2998, prepared testimony, Aubrey Russell, 1 p.

D.  HB 3451, -1 and –2 amendments dated 3/23/01, staff, 2 pp.

E.   HB 3451, written correspondence, Tim Josi, 2 pp.

F.   HB 3451, -3 through -6 amendments dated 3/26/01, Tim Josi, 5 pp.

G.  HB 3572, prepared testimony, John Griffith, 8 pp.

H.    HB 3572, written testimony submitted by fax, Robin Hartman, 1 p

I.       HB 3451, written testimony submitted, Kay Brown, 2 pp.