HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

 

April 18, 2001                                                                                                         Hearing Room E

1:00 P.M.                                                                                                                     Tapes  96 - 99

 

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

 

MEMBER EXCUSED:          Rep. Kelley Wirth

 

VISTING MEMBER:                        Rep. Jackie Dingfelder

 

STAFF PRESENT:                

                                                Sandy Thiele-Cirka, Committee Administrator

Linda K. Gatto, Committee Assistant

 

MEASURES HEARD:          

HB 2999 – Public Hearing

HB 3826 – Public Hearing

HB 3854 – Public Hearing

HB 3827 – Public Hearing

HB 3828 – 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 96, A

004

Chair Jenson

Calls the meeting to order at 1:05 p.m. and opens the public hearing on HB 2999.

HB 2999 – PUBLIC HEARING

005

Chair Jenson

Closes the public hearing on HB 2999 and opens the public hearing on HB 3826.

HB 3826 – PUBLIC HEARING

022

Rep. Charlie Ringo

House District 6. Reviews background of HB 3826, 3827 and 3828, the Willamette Restoration Act bills. Comments on the positive and negative impacts of the Willamette River to the region (EXHIBIT A).

061

Rep. Ringo

Provides and reviews Willamette Restoration Initiative (WRI) goals and objectives. Reviews components of the three bills and provides testimony in support.

101

Rep. Smith

Questions the intent of the conservation easement language, Section 1.

106

Rep. Ringo

Responds that he believes it refers to the riparian area of the Willamette River.

110

Rep. Smith

Questions intent and clarification of Section 3.

114

Rep. Ringo

Responds that the language is directed to construction sites less than one acre.

120

Rep. Mark Hass

House District 8. Provides personal experience relating to the Willamette River. States the reason he is this building is because of the environmental condition of the Willamette River.

166

Jeff Allen

Executive Director, Oregon Environmental Council (OEC). Submits (EXHIBIT B). Provides testimony in support of HB 3826, HB 3827, and HB 3828. Reviews the need for cleaner water, more water and improved habitat.

243

Karen Lewotsky, Ph.D., J.D.

Director of Water Programs, OEC. Testifies in support of HB 3826, 3827 and 3828.

247

Rep. Lee

Questions the goal of “ no net increases in impervious surfaces”.

251

Allen

Responds that to the best of his knowledge this language does not exist in statute. Notes that this section may require some refinement.

271

Travis Williams

Executive Director, Willamette Riverkeeper. Provides background of the organization. Testifies in support of HB 3826, 3827 and 3828. Submits (EXHIBIT C).

396

Rep. Tomei

Questions if there has been any assessment of the current water level of the Willamette and how that will impact the fish.

403

Williams

Responds affirmatively. States that the Army Corps of Engineers have developed a plan on the water release for this season.

436

Rhett Lawrence

Environmental Advocate on Clean Water and Toxics, Oregon State Public Interest Research Group (OSPIRG). Testifies in support of HB 3826, 3827 and 3828 and submits testimony (EXHIBIT D).

481

Lawrence

Continues testimony.

TAPE 97, A

054

Audrey Simmons

Citizen of Oregon. Testifies in support of HB 3826.

085

Rep. Lee

Acknowledges and thanks Ms. Simmons for testimony.

096

Philip Schary

Citizen of Oregon. Testifies in support of HB 3826 and submits (EXHIBIT E).

111

Ramona Rex

Reads prepared testimony in support of HB 3826, 3827 and 3828 (EXHIBIT F).

161

Walt Gorman

Washington County. Testifies in support of HB 3826, 3827 and 3828 (EXHIBIT G).

213

Rep. Lee

Questions if USA has conducted a reclaimed water program has that been implemented.

215

Gorman

Responds affirmatively with test sites. Notes the high cost of implementation.

228

Dennis Cone

Citizen of Oregon. Testifies in support of HB 3826, 3827 and 3828. Submits (EXHIBIT H).

257

Michael McGuire

Citizen of Oregon. Testifies in support of HB 3826, 3827 and 3828.

318

Rep. Leonard

Acknowledges witnesses testimony.

342

Geoff Huntington

Executive Director, Oregon Watershed Enhancement Board (OWEB) Comments on Section 1 and 6 of HB 3826. Submits (EXHIBIT I).

382

Rep. Tomei

Questions if amendments to Section 1 and 6 could address concerns.

384

Huntington

Responds affirmatively.

401

Patricia Benner

Citizen of Oregon. Testifies in support of HB 3826, 3827 and 3828 and submits (EXHIBIT J). Describes the current changes occurring in the river.

460

Benner

Continues testimony.

TAPE 96, B

010

Benner

Continues testimony reviewing the river’s alteration.

071

Michael Wilder

Citizen of Oregon. Testifies in support of HB 3826, 3827 and 3828. Speaks to the tanks located at Minto Brown Island.

131

Sen. Susan Castillo

Senate District 20. Testifies in support on HB 3826, 3827, and 3828.

157

Rep. Jackie Dingfelder

House District 19. Testifies in support of HB 3826, 3827 and 3828. Notes the importance of the hundreds of volunteers working to restore watersheds statewide.

181

Sen. Peter Courtney

Senate District 17. Testifies in support of HB 3826, 3827 and 3828. Provides legislative background on the Willamette River. States that clean water is an important factor to all Oregonians.

245

Sen. Courtney

Continues testimony. Refers to 1991 press conference showing the debris in the river.

300

Sen. Courtney

Continues presentation on status of Oregon’s water.

308

Chair Jenson

Acknowledges testimony from Senator Castillo, Senator Courtney and Rep. Dingfelder.

316

Rep. Kruse

Acknowledges testimony.

321

Rep. Leonard

Comments on the recent reactions to the condition of the Willamette River and the dilemma of making tough choices..

357

Chair Jenson

Closes public hearing on HB 3826 and opens public hearing on         HB 3854.

(Written testimony submitted by Randy Tucker for HB 3826 (EXHIBIT S).

HB 3854 – PUBLIC HEARING

372

Rep. Jeff Merkley

House District 16. Testifies in support of HB 3854. Provides background on 2-stroke carbureted engines (EXHIBIT K).

435

Rep. Merkley

Continues testimony describing 2-stroke engine operations.

480

Rep. Merkley

Continues testimony.

TAPE 97, B

030

Rep. Merkley

Continues testimony reviewing the pollution generated by a 2-stroke carbureted engine.

139

Rep. Lee

Questions the fiscal impact.

142

Rep. Merkley

Responds that he has not reviewed the fiscal impact statement.

150

Rep. Tomei

Questions the effective date of the rebate program.

154

Rep. Merkley

Responds that the effective date would be the normal timeline after the Governor signs the bill.

160

Rep. Dingfelder

Testifies in support of HB 3854. Reviews and submits written testimony (EXHIBIT L).

196

Rep. Smith

Questions the amount of personnel being outlined in the fiscal statement.

202

Rep. Merkley

Responds that the Marine Board does not support the bill and the figures on the fiscal have been submitted by the department.

218

Chair Jenson

Closes public hearing on HB 3854 and open public hearing on          HB 3827.

HB 3827 – PUBLIC HEARING

230

Tom Byler

Senior Policy Coordinator, Water Resources Department (WRD). Comments and notes concerns with HB 3827. Supports objective of the bill but the current language pose potential impacts to the department (EXHIBIT M).

251

Chair Jenson

Questions the impact of water measurement.

255

Byler

Responds that the scope of the language is enormous and the fiscal impact would be considerable.

282

Chair Jenson

Requests an approximate dollar figure.

286

Tom Paul

WRD. Reviews the types of measurement devices and states that the cost may range from $100 to thousands.

302

Chair Jenson

Comments on the potential economic impact.

318

Rep. Tomei

Questions the ground water use exemptions.

321

Byler

Responds that exemptions do not require applications for water right permits or certificates. Identifies domestic wells, commercial activities of less than 5,000 gallons per day, stock watering and others.

339

Chair Jenson

Notes Dick Springer, Sierra Club supports HB 3826, 3827, and 3828.

353

Karen Russell

Senior Staff Attorney for WaterWatch of Oregon. Testifies in support of HB 3827. Submits (EXHIBIT N).

414

Russell

Continues testimony.

491

Chair Jenson

Closes public hearing on HB 3827 and opens public hearing on         HB 3828.

HB 3828 – PUBLIC HEARING

Tape 98, A

042

Ann Jacks

Citizen of Oregon. Testifies in support of HB 3828 (EXHIBIT O).

102

Jacks

Continues and summarizes testimony.

105

Rep. Smith

Questions if Round-Up is a pesticide or herbicide.

110

Rep. Lee

Comments that herbicides and pesticides are synonymous.

114

Chair Jenson

Closes public hearing on HB 3828 and opens public hearing on         HB 3854.

HB 3854 – PUBLIC HEARING

123

Nina DeConcini

Manager, Air Quality Public Education, Department of Environmental Quality (DEQ). Provides information relating to DEQ’s educational efforts with the Marine Board in the outreach efforts on marine engine pollution (EXHIBIT P).

160

Rep. Tomei

Questions the status of the survey.

162

DeConcini

Responds that it will be a statewide survey and are anticipating a high degree of response.

168

Rep. Tomei

Questions if the survey will be distributed to boat owners or all residents.

170

DeConcini

Responds that it will go to engine owners.

174

Rep. Lee

Questions if legislation is necessary if the program is voluntary and requests a copy of the New Hampshire’s program.

176

DeConcini

Responds affirmatively.

185

Shane Jackson

Member of Skippers for Clean Oregon Waters (SCOW). Testifies in support of HB 3854. Displays a jar of polluted water. Reads and submits written testimony (EXHIBIT Q).

235

Jackson

Continues and summarizes testimony.

258

Peater Wilcox

SCOW. Testifies in support of HB 3854.

300

Wilcox

Continues testimony.

321

Trey Carskadon

Marketing director for Oregon based boat manufacturers. Testifies in opposition to HB 3854. Submits written testimony (EXHIBIT R).

380

Carskadon

Continues testimony.

435

Chuck Meeker

Retail owner. Testifies in opposition to HB 3854.

Tape 99, A

034

Chair Jenson

Closes public hearing on HB 3854 and adjourns the meeting at        3:30 p.m.

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

EXHIBIT SUMMARY

 

A - HB 3826, Written testimony, Rep. Ringo, 4 pp

B – HB 3826, Written testimony, J. Allen, 4 pp

C – HB 3826, Written testimony, T. Williams, 28 pp

D – HB 3826, Written testimony R. Lawrence, 4 pp

E – HB 3826, Written testimony, P. Schary, 1 pp

F – HB 3826, Written testimony, R. Rex, 1 pp

G – HB 3826, Written testimony, W. Gorman, 1 pp

H – HB 3826, Written testimony, D. Cone, 1 pp

I – HB 3826, Written testimony, G. Huntington, 1 pp

J – HB 3826, Written testimony, P. Benner, 2 pp

K – HB 3854, Written testimony, Rep. Merkley, 4 pp

L – HB 3854, Written testimony, Rep. Dingfelder, 1 pp

M – HB 3827, Written testimony, T. Byler, 3 pp

N – HB 3827, Written testimony, K. Russell, 5 pp

O – HB 3827, Written testimony, A. Jacks, 8 pp

P – HB 3854, Written testimony, N. DeConcini, 1 pp

Q – HB 3854, Written testimony, S. Jackson, 8 pp

R – HB 3854, Written testimony, T. Carskadon, 8 pp

S. – HB 3826, Written testimony, Randy Tucker, 1 p