HOUSE COMMITTEE ON STREAM RESTORATION

 & SPECIES RECOVERY

 

 

April 09, 2001                                                                                                         Hearing Room E

1:00 P.M.                                                                                                                      Tapes 87 - 88

 

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 3124 – Public Hearing

                                                HJM 5 – Work Session

                                                HB 2540 – 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 87, A

004

Chair Jenson

Calls the meeting to order at 1:10 p.m. as a subcommittee and opens a public hearing on HB 3124.

HB 3124 – PUBLIC HEARING

014

Sandy Thiele-Cirka

Administrator. Summarizes HB 3124.

017

Dick Pedersen

Manager of the Watershed Management Section, Department of Environmental Quality (DEQ). Submits (EXHIBIT A). Discusses the studies regarding fish tissues, health advisories, and skeleton deformities.

072

Pedersen

Continues discussion of the study on high-risk groups.

105

Chair Jenson

Questions if it is known whether the source of mercury is natural.

119

Pedersen

Answers there are natural and point sources but the contribution is unknown.

155

Matt Blevins

Legislative Affairs Program Director, Oregon Environmental Council (OEC). Reads prepared testimony in support of HB 3124         (EXHIBIT B).

186

Chair Jenson

Closes the public hearing on HB 3124 and opens the work session on HJM 5.

HJM 5 – WORK SESSION

204

Sandy Thiele-Cirka

Administrator. Summarizes HJM 5 and the –1 amendments.

217

Rep. Tomei

MOTION: Moves to ADOPT the -1 amendments dated 3/1/01 (EXHIBIT C).

219

Chair Jenson

Hearing no objection, declares the motion CARRIED.

220

Rep. Tomei

MOTION: Moves HJM 5 to the floor with a DO PASS AS AMENDED recommendation.

225

 

VOTE:  6-0

AYE:                6 – King, Lee, Tomei, Wirth, Jenson, Knopp

EXCUSED:     3 – Kruse, Leonard, Smith P

226

Chair Jenson

The motion CARRIES.

REP. KING will lead discussion on the floor.

227

Chair Jenson

Closes the work session on HJM 5 and opens the public hearing on   HB 2540.

HB 2540 – PUBLIC HEARING

250

Thiele-Cirka

Summaries HB 2540 and the –2 amendments dated 3/28/01, (EXHIBIT D).

250

Roy Elicker

Legislative Coordinator Oregon Department of Fish & Wildlife, (ODFW). Reviews and presents background on the Fish Passage Task Force (EXHIBIT E and EXHIBIT H).

368

Chair Jenson

Questions how the –2 amendment differs (EXHIBIT D) from the original bill.

400

Elicker

Responds it is a complete replacement.

410

Rep. Lee

Confirms it is a gut and stuff.

425

Chair Jenson

Closes the public hearing on HB 2540 and opens a work session on HJM 5.

HJM 5 – WORK SESSION

435

Rep. Tomei

MOTION: Requests unanimous consent that the rules be SUSPENDED to allow Rep. Leonard, Rep. Kruse, and Rep. Smith to BE RECORDED as voting AYE on the motion to move HJM 5 to the floor with a DO PASS AS AMENDED recommendation.

450

Chair Jenson

Closes the work session on HJM 5 and re-opens the public hearing on HB 2540.

HB 2540 – PUBLIC HEARING

TAPE 88, A

007

Dave Anderson

Representing the Oregon Water Utilities Council. Reads prepared testimony, (EXHIBIT F) in support of HB 2540 with the –2 amendment.

045

Rob Schab

General Manager, Coos Bay/North Bend Water Board. Testifies in support of HB 2540. States the measure demonstrates support for salmon recovery and recognizes the water supply developers.

058

Jim Myron

Representing Oregon Trout. Notes the bill requires a 60% cost share by Oregon for fish passage facilities.

094

Rep. Kruse

Questions if the bill qualifies for Measure 66 funds.

102

Myron

Responds that OWEB funds are currently utilized for fish screens and could be used for fish passage.

100

Rep. Tomei

Questions why the tribes did not provide input.

108

Myron

Responds the tribes were invited to participate.

120

Willie Tiffany

Representing League of Oregon Cities. Testifies in support of           HB 2540. Reviews key aspects of the amendments.

173

Rep. Lee

Clarifies when an emergency would exist.

171

Pete Test

Associate Director Oregon Farm Bureau Federation. Testifies in support of HB 2540.

211

Ron Yockim

Attorney for Douglas County. Provides background on the impact of fish passage affects Douglas County.

233

Jon Oshel

County Road Program Manager, Association of Oregon Counties. Reads prepared testimony in support of HB 2540 (EXHIBIT G).

298

Rep. Lee

Refers to page 15 of (EXHIBIT D) relating to funding.

300

Oshel

Explains the 80% funding.

388

Chair Jenson

Refers to page six, section B of (EXHIBIT D) and questions if it eliminates 11a.

TAPE 87, B

018

Rep. Lee

States that section 11 is an agreement between the governor’s office and the task force. Comments on proposed changes.

042

Steve Sanders

Department of Justice. Provides clarification of proposed changes relating to bi-state hydroelectric projects without affecting the state’s authority under section 401 of the Clean Water Act.

076

McCarthy

Comments that this would allow the state to condition certain projects.

084

Rep. Kruse

Questions DEQ’s and ODFW’s authority and policy.

091

Sanders

Responds that the supreme court decided that water quality factors entail the use of water.

104

Rep. Kruse

Notes there are conflicting authorities and questions how to achieve  compliance with the Clean Water Act and the Endangered Species Act.

112

Sanders

Responds and explains current authority and policy.

138

Chair Jenson

Closes the public hearing on HB 2540 and adjourns the meeting at  2:14 p.m.

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

 

EXHIBIT SUMMARY

 

A.     HB 3124, fact sheet, Dick Pedersen, 2 pp.

B.     HB 3124, prepared testimony, Matt Blevins, 2 pp.

C.     HJM 5, -1 amendment dated 3/1/01, staff, 1 p

D.    HB 2540, - 2 amendment dated 03/28/01, Roy Elicker, 20 pp.

E.     HB 2540, prepared testimony, Roy Elicker, 5 pp.

F.      HB 2540, prepared testimony, Dale L. Jutila, 2 pp.

G.    HB 2540, prepared testimony, Jon A. Oshel, 2 pp.

H.    HB 2102, Fish Passage Task Force Report, Charlie Corrarino, 98 pp.