HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

April 11, 2001 Hearing Room E

1:00 P.M. Tapes 89 - 91

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 3547 – Public Hearing

HB 3334 – Work Session

HB 3711 – Public Hearing

HB 3637 – 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 89, A
004	Chair Jenson	Calls the meeting to order at 1:04 p.m. as a subcommittee and opens the public hearing on HB 3547.
HB 3547 – PUBLIC HEARING
013	Sandy Thiele-Cirka	Administrator. Summarizes HB 3547.
020	John McDonald	1^st Vice-President, Oregon Association of Conservation Districts. Reads prepared testimony in opposition to HB 3547, (EXHIBIT A).
105	Glen Stonebrink	Executive Director, Oregon Cattlemen’s Association. Testifies in support of HB 3547, submits (EXHIBIT B).
144	Stonebrink	Summarizes that HB 3547 establishes acceptable TMDL’s at the same time a stream is listed.
170	Rep. Smith	Questions if agricultural lands are less regulated.
175	Stonebrink	Responds that if a pollution source can be identified, agriculture would respond to correct the problem.
191	Jim Welsh	Representing Oregon Family Farm Association. Questions why regulate rural properties that are already regulated by DEQ’s clean water restrictions. Testifies in support of HB 3547.
303	Chuck Craig	Deputy Director, Oregon Department of Agriculture (ODA). Testifies in opposition to HB 3574, reviews specific concerns submitted in (EXHIBIT C).
451	Scott Ashcom	Representing Oregon Association of Nurserymen. Interprets that the opponents of SB 1010 view the federal Clean Water Act as unable to regulate non-point pollution. Testifies in opposition to HB 3547.
TAPE 90, A
060	Chair Jenson	Closes the public hearing on HB 3547 and opens the work session on HB 3334.
HB 3334 – WORK SESSION
065	Rep. Ben Westlund	District 55. States there is a fiscal impact and suggests that HB 3334 be referred to the Committee on Ways and Means (EXHIBIT D).
098	Chair Jenson	Closes the work session on HB 3334 and opens the public hearing on HB 3711.
HB 3711 – PUBLIC HEARING
113	Thiele-Cirka	Summarizes HB 3711.
135	McDonald	Submits and reviews (EXHIBIT E) in support of HB 3711.
240	Geoff Huntington	Executive Director, Oregon Watershed Enhancement Board (OWEB). Submits prepared testimony (EXHIBIT F).
260	Mike Barsotti	Forestry Assistance Policy Manger, Department of Forestry. Summits prepared testimony in support of HB 3711(EXHIBIT G), and recommends that the legislature establish a task force to develop a statewide strategy that provides technical assistance for landowners.
310	Stonebrink	Testifies in support of HB 3711.
362	Rep. Kruse	HD 45. States full support of watershed councils and comments on the competition for funds among the watershed councils and the Soil and Water Conservation Districts. Proposes the need to provide funds for both, noting, this also needs to be a collaborative effort.
TAPE 89, B
052	Chair Jenson	Closes the public hearing on HB 3711 and re-opens the work session on HB 3334. Comments on the Umatilla Hatchery (EXHIBIT H).
HB 3334 – WORK SESSION
100	Rep. King	Comments on hatcheries.
124	Roy Elicker	Legislative Coordinator, Oregon Department of Fish & Wildlife, (ODFW). Submits and summarizes (EXHIBIT I).
172	Rep. King	Asks for a breakdown of the $2.61 per pound cost.
185	Elicker	Clarifies that (EXHIBIT I) shows personnel services, services, supplies, and capital expenses.
187	Rep. Kruse	Notes hatcheries that are running at less than capacity.
195	Kay Brown	Policy Coordinator, ODFW. Clarifies that in order to fund the trout bill it would require the closure another hatchery.
222	Elicker	Continues review of the costs in (EXHIBIT I).
288	Elicker	Notes that the Governor’s recommended budget call for the closure of the Rock Creek, Butte Falls, and Trask hatcheries.
351	Rep. King	Questions what is meant by the closure of hatcheries.
315	Brown	Responds the closure is of the entire hatchery. Notes the personnel and facility costs.
331	Elicker	Reviews the overall cost of $4.57 per pound and the $2.61 direct cost.
371	Rep. Lee	Questions how difficult is it to restart the hatchery.
399	Brown	Responds there would be an expense but it has not been evaluated.
408	Rep. Lee	MOTION: Moves HB 3334 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means.
394	Rep. Tomei	States in the last legislative session a program raised the hatchery funds going to private hatcheries at ten percent and would prefer that program finish before extending it to 25% and declares she will be a no vote.
434	Rep. Wirth	States she will be a no vote for the reason stated by Rep. Tomei
		VOTE: 6-3 AYE: 6 - King, Knopp, Kruse, Lee, Smith P, Jenson NAY: 3 – Leonard, Tomei, Wirth
	Chair Jenson	The motion CARRIES.
463	Chair Jenson	Closes the work session on HB 3334 and opens the public hearing on HB 3637.
HB 3637 – PUBLIC HEARING
468	Thiele-Cirka	Summarizes HB 3637.
TAPE 90, B
043	Chair Jenson	Reviews the –1 through –9 amendments (EXHIBIT J).
055	Rep. Krieger	HD 48. States the bill requires commission members to represent areas of interest. Explains why this knowledge is critical.
125	Rep. Kruse	Comments that most commission terms are at the pleasure of the governor.
140	Rep. Wirth	Discusses the current selection process.
182	Roy Hemmingway	Governor’s Salmon and Energy Advisor, Governor’s Natural Resources Office. Explains the current appointment requirements and process.
270	Hemmingway	Reviews the population of the districts are being represented. States the current statute provides adequate geographic distribution.
331	Rep. Lee	Comments that the Water Resources Commission changed from congressional districts to basin groups.
340	Hemmingway	Responds that of the seven on the commission only two would come from the Willamette Valley.
364	Rep. Lee	Notes that the Water Resources Commission also has only two from the Willamette Valley.
397	Chair Jenson	Discusses testimony regarding governor appointments.
TAPE 91, A
014	Hemmingway	Responds that one of the governor’s principal duties is to appoint his staff and agency heads.
061	Hemmingway	Describes and reviews the events of the last two years.
075	Jim Myron	Representing Oregon Trout. Comments on the concern of appointing interest groups to the commission. Refers to the –3 amendments (EXHIBIT J).
100	Phil Donovan	Representing Oregon Guides and Packers Organization. Reviews prepared testimony in support of HB 3637, (EXHIBIT K). Refers to the -1, -4, and -5 amendments (EXHIBIT J).
196	Chair Jenson	Reviews the legislative concept: · The commission will appoint the chair with the approval of the governor and confirmation of the senate. · Two-year sunset. States the purpose is to establish credibility of the agency, director, and commission between the executive and legislative branch.
209	Donovan	States preference for the -6 amendments.
223	Steve Byland	Resident of Gold Beach. Comments on the reasons he believes the commission is inefficient.
318	Chair Jenson	Closes the public hearing on HB 3637 and adjourns the meeting at 3:15 p.m.

Submitted By, Reviewed By,

Linda K. Gatto, Sandy Thiele-Cirka,

Committee Assistant Committee Administrator

EXHIBIT SUMMARY

A. HB 3547, prepared testimony, J. McDonald, 2 pp.

B. HB 3547, printed materials, G. Stonebrink, 18 pp.

C. HB 3547, prepared testimony, C. Craig, 4 pp.

D. HB 3334, Legislative Fiscal Office statement, Staff, 1 p

E. HB 3711, prepared testimony, J. McDonald, 8 pp.

F. HB 3711, prepared testimony, G. Huntington, 1 p.

G. HB 3711, prepared testimony, M. Barsotti, 2 pp.

H. Umatilla Hatchery, fact sheet, Rep. Bob Jenson 1 p.

I. HB 3334, Organizational & Fiscal Impacts report, R. Elicker, 16 pp.

J. HB 3637, -1 amendment dated 03/27/01; -2 amendment dated 4/9/01; -3 amendments dated 4/9/01; -4 amendments dated 4/11/01; -5 amendments dated 4/11/01; -6 through – 9 conceptual amendments, staff, 19 pp.

K. HB 3537, prepared testimony, P. Donovan, 2 pp.