HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

 

April 16, 2001                                                                                                         Hearing Room E

1:00 P.M.                                                                                                                     Tapes  92 - 95

 

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 3579 – Public Hearing

                                                HB 3818 – Public Hearing

                                                HB 3091 – Public Hearing

HB 2605 – 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 92, A

005

Chair Jenson

Calls the meeting to order at 1:10 p.m., opens the public hearing on  HB 3579.

HB 3579 – PUBLIC HEARING

006

Chair Jenson

Closes the public hearing on HB 3579 and opens the public hearing on HB 3818.

HB 3818 – PUBLIC HEARING

007

Chair Jenson

Closes the public hearing on HB 3818 and opens the public hearing on HB 3091.

HB 3091 – PUBLIC HEARING

018

Rep. Randy Leonard

House District 21. Provides a history of the inhabitants in the lower Willamette River. States that upon the arrival of settlers, the Portland Harbor and Ross Island areas became dumping grounds for raw sewage and contaminated waste. Testifies that the issue now is whether toxic contaminated sediments should be placed in the lagoon as fill and clean fill placed on top in order to create a park.

104

Brent Canode

Intern, Rep. Leonard. Submits and reads (EXHIBIT A) in support of HB 3091.

184

Canode

Refers to the map, (EXHIBIT B).

274

Matt Blevins

Legislative Affairs Director, Oregon Environmental Council (OEC). Submits and reads (EXHIBIT CB) in support of HB 3091.

291

Dick Springer

Representing Oregon Chapter Sierra club. Submits and reads (EXHIBIT D) in support of HB 3091.

360

Rep. Lee

Refers to the letter from the Environmental Protection Agency, (EPA) (EXHIBIT E). Questions how long EPA’s proposed process take.

373

Springer

Responds in agreement to the need for more public participation.

421

Rep. Lee

Questions Rep. Leonard on the timing of the process.

389

Rep. Leonard

Responds by comparing the outcome to the harbor in Tacoma. Refers to the letter submitted by the Division of State Lands (DSL). (EXHIBIT F).

TAPE 93, A

038

Keith Leavitt

Port of Portland. Testifies in opposition to HB 3091.

032

Cheryl Koshuta

Port of Portland Corporate Environmental Manager. Submits (EXHIBIT G). Outlines the three options available to handle contaminated waste. Explains in detail the schedule for clean up being negotiated with all responsible parties and agencies.

120

Rep. King

Comments on migration of the toxins.

132

Rep. Tomei

Questions Ms. Koshuta’s background with similar projects.

140

Koshuta

Responds there have not been a lot of superfund sites that have dealt with extensive sediment contamination.

147

Rep. Leonard

Questions her familiarity with other in-water disposal sites and asks if it is appropriate for the state to have input.

162

Koshuta

Responds it is important to keep all options on the table.

245

Len Bernstein

Representing Ross Island Sand & Gravel Company. States that the fault line is identified as not an active fault according to the US Geological Map (EXHIBIT H).

264

Rep. Leonard

Clarifies that the map he (Rep. Leonard) references is the State Department of Geology and Mineral Industries (EXHIBIT B).

270

Jim Rue

Ross Island Sand & Gravel Company. States they oppose Portland Harbor material coming to Ross Island but oppose HB 3091 as currently written.

316

Rue

Discusses definitional issues noted in (EXHIBIT I).

393

Rep. Leonard

Explains the intent of the –1 amendments dated 4/2/01 (EXHIBIT J).

436

Rue

Notes the concern is that it is site specific.

411

Rep. Lee

States that subsection 1 in (EXHIBIT J) does not specify unusable sediments.

458

Rue

States the concern is the materials properly coming to Ross Island.

TAPE 92, B

037

Paul Slyman

Administrator of Department of Environmental Quality, (DEQ) Clean Up Division. Submits (EXHIBIT K). States that as written HB 3091 limits options and circumvents the existing process. Comments on subsection 1 (EXHIBIT J).

107

Rep. Lee

Questions if there is a way the bill could be written to meet the needs of everyone.

110

Slyman

Responds DEQ is not supportive of Ross Island being taken away as a potential disposal site.

120

Rep. Tomei

Refers to (EXHIBIT K) and asks for examples of far reaching effects.

130

Slyman

Responds it refers to any type of removal or remedial action.

135

Chair Jenson

Clarifies and discusses the unintended consequences of the original bill not the –1 amendments.

152

Rep. Leonard

Comments that the language for the –1 amendments was developed with DEQ and the Ross Island issues were not raised before today’s hearing.

154

Chair Jenson

Notes concern that this is not the first time that agencies have not done their homework before the hearing.

180

Travis Williams

Willamette Riverkeepers.  Reads prepared testimony in support of        HB 3091, (EXHIBIT L).

316

Chair Jenson

Closes the public hearing on HB 3091 and states that HB 3091 will be scheduled on Friday. Opens the work session on HB 2605.

Written testimony submitted by David Welsh, Northwest Environmental Business Council (EXHIBIT M) and by Michael Hammond, Oregon Center for Environmental Health (EXHIBIT N).

HB 2605 – WORK SESSION

365

Rod Harder

Executive Director, Oregon Sportsman Defense Fund. Refers to the letter from Department of Justice to ODFW regarding advertising in hunting and angling regulation booklets. (EXHIBIT O). States that the –1 amendments (EXHIBIT P) establishes a new subsection 18 in ORS 496.146.

422

Rep. Kruse

MOTION: Moves to ADOPT HB 2605-1 amendments dated 4/12/01.

430

Chair Jenson

Hearing no objection, declares the motion CARRIED.

431

Rep. Kruse

MOTIN: Moves HB 2605 to the floor with a DO PASS AS AMENDED recommendation.

471

 

VOTE:  7-0

AYE: In a roll call vote, all members present vote Aye.

EXCUSED:  2 - Wirth, Leonard

 

Chair Jenson

The motion CARRIES.

488

Rep. King

MOTION:  Moves HB 2605 be placed on the CONSENT CALENDAR.

 

 

VOTE:  7-0

499

Chair Jenson

Hearing no objection, declares the motion CARRIED.

(TAPE 93, B – Blank)

TAPE 94, A

029

Chair Jenson

Closes the work session on HB 2605 and opens the public hearing on HB 3477.

HB 3477 – PUBLIC HEARING

044

Rep. Leonard

House District 21. Explains the intent of HB 3477 and notes that the –1 amendments (EXHIBIT Q) clarify that the environmental concerns not override the economic development.

078

Rep. Lee

Questions if this statute refers only to the Port of Portland.

080

Rep. Leonard

Responds affirmatively.

106

Rep. King

Discussion with Rep. Leonard about the intent being a best effort to develop pollution mitigation.

135

Leavitt

Explains the structure of the Port of Portland. Refers to (EXHIBIT G). Comments on language and notes concerns with the bill and the –1 amendments.

226

Chair Jenson

Questions if the Port is currently required to conduct an Environmental Impact Statement (EIS).

229

Leavitt

Responds affirmative. Notes the current EIS is for channel deepening or the expansion of terminal four.

239

Koshuta

Describes the activities of the Port of Portland.

339

Koshuta

Continues describing activities.

431

Rep. Leonard

Refers to (EXHIBIT G) noting that minimize is not synonymous with minimum.

515

Rep. Smith

Questions if there is concern about what the administrative rules are relative to the language and are the EIS a consideration.

TAPE 95, A

040

Leavitt

Responds that since Port of Portland is not a state agency, they would seek guidance from the commission.

058

Roger Martin

Representing Alaska Airlines. Comments on the concern with defining minimize.

140

Martin

Discusses noise pollution and the de-icing process.

169

Chair Jenson

Closes the public hearing on HB 3477 and opens the work session on HB 3637.

HB 3637 – WORK SESSION

185

Sandy Thiele-Cirka

Administrator. Reviews –6 through –9 amendments (EXHIBIT R).

200

Rep. Kruse

Questions if all the amendments are workable.

201

Thiele-Cirka

Explains the status of the amendments.

220

Chair Jenson

Closes the work session on HB 3637 and adjourns the meeting at 3:15.

 

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

EXHIBIT SUMMARY

 

A.     HB 3091, prepared testimony, Brent Canode, 4 pp.

B.     HB 3091, Map, Rep. Randy Leonard, 1 p

C.     HB 3091, prepared testimony, Matt Blevins, 2 pp.

D.    HB 3091, prepared testimony, Richard Springer, 1 p

E.     HB 3091, Correspondence, Rep. Randy Leonard, 3 pp.

F.      HB 3091, written testimony, Ann Hanus, 1 p.

G.    HB 3091/HB 3477, published materials, Keith Leavitt, 19 pp.

H.    HB 3091, map, Len Bernstein, 4 pp.

I.       HB 3091, prepared testimony, Jim Rue, 2 pp.

J.      HB 3091, -1 amendments dated 4/2/01, Rep. Randy Leonard, 1 p

K.   HB 3091, prepared statement, Paul Slyman, 1 p

L.  HB 3091, prepared testimony, Travis Williams, 3 pp.

M.  HB 3091, written testimony, David Welsh, 2 pp.

N.    HB 3091, written testimony, Michael Hammond, 1 p

O.    HB 2605, correspondence to Jim Greer, Rod Harder, 1 p

P.      HB 2605, -1 amendments dated 4/12/01, staff, 4 pp.

Q.    HB 3477, fact sheet and the -1 amendments dated 4/16/01, Rep. Randy Leonard, 2 pp.

R.  HB 3637, -6 through -9 amendments dated 4/16/01, staff, 4 pp.