HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

 

May 17, 2001                                                                                                          Hearing Room B

5:00 P.M.                                                                                                                 Tapes  125 - 129

 

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:          

                                                SB 51 A – Public Hearing and Work Session

SB 208 A – Public Hearing and Work Session

HB 3989 – Work Session

                                                HB 3547 – 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  125, A

006

Chair Jenson

Calls the meeting to order as a subcommittee at 6:27 p.m. and opens the public hearing on SB 51A.

SB 51 A – PUBLIC HEARING

025

Terry Witt

Executive Director, Oregonians for Food and Shelter, Submits prepared testimony in support of SB 51A, (EXHIBIT A). Discusses the          SB 1010 work group.

042

Chair Jenson

Opens full committee.

069

Chuck Craig

Deputy Director, Oregon Department of Agriculture (ODA). Submits correspondence and explains the issues (EXHIBIT B).

110

Chair Jenson

Refers to and interprets page 2 SB 51A, after line 3, and notes the governor’s correspondence (EXHIBIT C). Questions why ODA is objecting to having to conform

149

Craig

Responds ODA is questioning why the agency was singled out over Department of Environmental Quality, (DEQ) or Environmental Protection Agency, (EPA).

168

Chair Jenson

Notes that EPA is a federal agency.

186

Craig

Responds that there are no objections to the way business is conducted now. Explains that SB 51A would not be able to respond in an emergency.

224

Chair Jenson

Summarizes the status of the bill and amendments and states the intent is to have further legislatures to look into it.

310

Craig

Discusses SB 51A-3 amendments, (EXHIBIT D).

330

Rep. Leonard

Questions if the –A3 amendments are consistent with the consensus bill.

346

Craig

Responds affirmatively.

368

Pete Test

Associate Director of Government Affairs, Oregon Farm Bureau. Submits prepared testimony in support of SB 51A-3 amendments, (EXHIBIT E).

410

Chair Jenson

Reads correspondence from Brendan McCarthy, (EXHIBIT F).

405

Rep. Leonard

Refers to (EXHIBIT C) questions why jeopardize the bill if the language is not needed.

455

Witt

Responds the general consensus was there would be no amendments to SB 51A. Notes the amendments may address perception problems regarding fees.

Tape 126, A

016

Chair Jenson

Comments on the perception issue.

046

Brendan McCarthy

Deputy Legislative Counsel.  Explains (EXHIBIT F).

070

Jim Myron

Oregon Trout. Submits prepared testimony in support of SB 51A,  (EXHIBIT G).

082

Glen Stonebrink

Oregon Cattlemen’s Association. Refers to (EXHIBIT B). States opposition to SB 51A-3 amendments if it will result in the bill being vetoed.

116

David Alsup

Representing Oregon Family Farm Association.  Testifies in support of SB 51A-3 amendments. Notes opposition if the amendment will veto the bill. Discusses the trespass issue.

143

Rep. Smith

Questions if there has been a problem with trespass on his property.

155

Alsup

Responds affirmatively and identifies ODFW.

180

James Mast

Oregon Family Farms, Douglas County Chapter. Comments on the trespass issue.

214

Mast

Continues testimony. Comments on the impact a $200 fee has on a small farmer. States that Phil Ward is quoted as saying that SB 1010 is a non-point source plan.

267

Rep. Smith

Refers to (EXHIBIT B) and questions if complaints are made when trespass happens.

294

Mast

Responds no.

307

Chair Jenson

Closes the public hearing on SB 51A and opens the work session on  SB 51A.

309

Rep. Leonard

MOTION: Moves SB 51A to the floor with a DO PASS recommendation.

312

Witt

States it is his belief the Governor would find this amendment agreeable. Proposes that if there is not agreement when the bill goes for concurrence, it could be removed at that time.

355

Craig

Concurs.

381

Rep. Leonard

MOTION: Moves to withdraw the previous motion and Moves to ADOPT SB 51A-3 amendments dated 5/17/01.

407

Rep. Wirth

Declares she will be a no vote.

455

 

VOTE:  7-1

AYE:  7 – Knopp, Kruse, Lee, Leonard, Smith P, Tomei, Jenson

NAY:  1 – Wirth

EXCUSED: 1 – King

 

Chair Jenson

The motion CARRIES.

466

Rep. Leonard

MOTION: Moves SB 51A to the floor with a DO PASS AS AMENDED recommendation.

470

 

VOTE:  7-1

AYE:  7 - Knopp, Kruse, Lee, Leonard, Smith P, Tomei, Jenson

NAY:  1 – Wirth

EXCUSED: 1 – King

 

Chair

The motion CARRIES.

REP. JENSON will lead discussion on the floor.

Tape 125, B

022

Chair Jenson

Closes the work session on SB 51A and opens a public hearing on     SB 208A.

SB 208 A – PUBLIC HEARING

028

Witt

Testifies in support of SB 208A.

033

Test

Submits prepared testimony in support of SB 208A, (EXHIBIT H).

086

Craig

ODA. Testifies in support of SB 208A.

107

Chair Jenson

Notes that the rules are basin by basin, not state by state.

121

Stonebrink

States support for SB 208A.

124

Myron

States support for SB 208A.

121

Mast

Proposes that SB 208A should require that the rules reflect the plan.

138

Chair Jenson

Closes the public hearing on SB 208A and opens the work session on SB 208A.

SB 208A – WORK SESSION

151

Rep. Leonard

MOTION: Moves SB 208A to the floor with a DO PASS recommendation.

157

 

VOTE:  7-0

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

EXCUSED:  2 - Kruse, King

 

Chair Jenson

The motion CARRIES.

163

Chair Jenson

REP. JENSON will lead discussion on the floor.

165

Chair Jenson

Closes the work session on SB 208A and opens the public hearing on HB 3547.

HB3547 – PUBLIC HEARING

178

Welsh

Submits prepared testimony (EXHIBIT I) and discusses the –1 amendments (EXHIBIT J).

269

Welsh

Continues with testimony.

347

Rep. Leonard

Notes that these sections are in direct conflict with SB 208A.

375

Welsh

Responds this represents what people in the farming and ranching communities would like to see.

Tape 126, B (Committee breaks for dinner)

064

Chair Jenson

Closes the public hearing on HB 3547 and opens the work session on HB 3989.

HB 3989 – WORK SESSION

071

Harrison Conley

Deputy Legislative Counsel. States that HB 3989 allows tribal members to participate as zone directors for soil and water conservation district based on reservation lands being within the soil and water districts.

076

Rep. Leonard

Questions if the soil and water district has authority over tribal lands in the district.

081

Conley

Responds no.

084

Rep. Leonard

Questions why have tribal members on the board.

102

Rep. Lee

Responds that there are irrigated lands in tribal reservations. Clarifies that it is working with groups that have not authority.

106

Rep. Kruse

States that soil districts have regional and at-large representatives on the board. Explains that having a tribal member on the board helps to have groups work together on issues effecting the basin.

132

Rep. Leonard

MOTION: Moves HB 3989 to the floor with a DO PASS recommendation.

135

 

VOTE:  7-0

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

EXCUSED:  2 – Wirth, King

 

Chair Jenson

The motion CARRIES.

143

Rep. Kruse

MOTION:  Moves HB 3989 be placed on the CONSENT

 CALENDAR.

 

 

VOTE:  7-0

EXCUSED:  2 – Wirth, King

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

160

Chair Jenson

Closes the work session on HB 3989 and reopens the public hearing on HB 3547.

HB 3547 – PUBLIC HEARING

156

Stonebrink

Refers to page two, line 21 (EXHIBIT J), explains what this change would do.

223

Stonebrink

Refers to the SB 1010 public hearing records. Comments that 1010 plans target non-point source pollution (EXHIBIT K). Notes a federal court case and the interpretation under the Clean Water Act.

293

David Alsup

Oregon Family Farms. Testifies that the work group did not get anything that they wanted in SB 208. Testifies in support of HB 3547.

361

Mast

States that SB 51 through SB 57 are products of a grass roots organization. Refers to (EXHIBIT K) noting the references to non-point source pollution.

Tape 127, A

029

Rep. Leonard

Questions that the objection is to pollution that goes directly into a waterway.

038

Mast

Responds that 468B is being dragged into SB 1010.

050

Craig

States that SB 1010 was passed in 1993, then in 1995 SB 502 passed which gave ODA exclusive authority to regulate agricultural water pollution.

090

Craig

Reviews prepared testimony, (EXHIBIT L). Comments on the conflicts with the new rules.

166

Craig

Continues testimony. Notes the bill places limitations on inspection authority.

201

Stonebrink

Responds to Craig’s testimony noting that the direct focus of SB 1010 is not non-point source pollution.

216

Rep. Leonard

States that it sounds like there is opposition to be regulated for point source pollution going directly into streams.

222

Stonebrink

Clarifies that they are not objecting to point source laws, but to being regulated for non-point source pollution.

288

Stonebrink

Continues discussion on point source pollution as part of an agricultural practice and that they do not want it to go to DEQ or EPA for regulation.

330

Chair Jenson

Asks if ODA can regulate this.

331

Craig

Responds unless it is absorbed into the rules for the basin plan, they can not regulate it.

323

Rep. Tomei

Questions why the objection to ODA being responsible for regulating.

353

Stonebrink

Responds they do not object to point source, but they want the non-point source to be separate and to be handled voluntary and incentive based.

385

Rep. King

Questions do they want to work with ODA and DEQ.

447

Craig

Explains that DEQ could say that discharging pollution into a river is not an agricultural practice thus regulating it.

Tape 128, A

024

Rep. King

Rephrases that SB 502 gives the authority to deal with the pollution but the EPA regulations have the ultimate authority. Comments that currently it would take two agencies to deal with a point source situation and this amendment would allow one agency to deal with it.

032

Rep. Lee

Refers to lines 15 though 18.

043

Craig

Provides additional examples and explanation.

057

Chair Jenson

Closes the work session on HB 3547 and adjourns the meeting at 9:00 p.m.

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

 

EXHIBIT SUMMARY

 

A.     SB 51A, prepared testimony, Terry Witt, 3 pp.

B.     SB 51A, correspondence between Phil Ward and Rep. Greg Smith, Chuck Craig, 3 pp.

C.     SB 51A, correspondence from the governor’s office, staff, 3 pp.

D.    SB 51A, -3 amendments dated 5/17/01, staff, 1 p

E.     SB 51A, prepared testimony, Pete Test, 1 p

F.      SB 51A, correspondence from Legislative Counsel, staff, 1 p

G.    SB 51A, prepared testimony, Jim Myron, 1 p

H.    SB 208A, prepared testimony, Pete Test, 1 p

I.       HB 3547, prepared testimony, Jim Welsh, 3 pp.

J.      HB 3547, -1 amendments dated 5/17/01, Jim Welsh, 10 pp.

K.    HB 3547, public hearing records from May 20, 1993, Jim Mast, 21 pp.

L.     HB 3547, prepared testimony, Chuck Craig, 2 pp.