HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

April 25, 2001 Hearing Room E

1:00 P.M. Tapes 104 - 106

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

Kate Campeau, Committee Assistant

MEASURES HEARD:

HB 3490 – Public Hearing & Work Session

HB 3091 – Work Session

HB 2540 – Work Session

HB 3637 – Work Session

HB 3522 - 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 104, A
007	Vice-Chair Lee	Calls the meeting to order at 1:23 p.m. and opens the public hearing on HB 3490.
HB 3490 – PUBLIC HEARING
010	Sandy Thiele-Cirka	Administrator. Summarizes HB 3490.
020	Dick Pedersen	Manager, Water Quality, Department of Environmental Quality (DEQ). Summarizes prepared testimony, (EXHIBIT A).
030	Pete Test	Associate Director of Governmental Affairs, Oregon Farm Bureau. Testifies on HB 3490 and submits written testimony (EXHIBIT B). Requests that the bill be referred to the committee on Ways and Means to explore funding.
100	Chair Jensen	Questions if the Oregon Watershed Enhancement Board, (OWEB) is a possible funding source.
120	Test	Responds that there have been discussions with the Chair of the committee on House Ways and Means regarding funding, and the possibility of OWEB providing supplemental funding.
150	Kathryn Van Natta	Northwest Pulp and Paper Association. Testifies in support of HB 3490.
180	Chair Jensen	Questions why funding was not included in the Governor’s Budget.
200	Pedersen	Responds that after reviewing department priorities it was not advanced in the Governor’s budget.
210	Chair Jensen	Comments that the results of the study are revealing and wonders why that information is not considered in the evaluation of other species.
220	Chair Jensen	Closes the public hearing on HB 3490 and opens the work session on HB 3490.
HB 3490 – WORK SESSION
230	Rep. Kruse	MOTION: Moves HB 3490 to the to the floor with at DO PASS recommendation and BE REFERRED to the committee on Ways and Means.
240	Rep. Tomei	Notes conflict with funding.
244	Rep. Wirth	Questions the fiscal impact.
250	Chair Jensen	Responds approximately $400,000.
261	Rep. Kruse	Responds to Rep. Tomei’s statement and notes that this is not necessary to trade fish for kids.
268	Rep. King	Comments in support of the study.
270	Rep. Jensen	Concurs with Rep. King that this study is very necessary and should be in Governor’s budget.
300		VOTE: 8-1 AYE: 8 - King, Knopp, Kruse, Lee, Leonard, Smith P, Wirth, Jenson NAY: 1 – Tomei
	Chair Jenson	The motion CARRIES.
320	Chair Jensen	Closes the work session on HB 3490 and opens work session on HB 3091.
HB 3091 – WORK SESSION
330	Thiele-Cirka	Summarizes HB 3091. Explains the –3 amendments dated 4/20/01 (EXHIBIT C).
340	Rep. Leonard	MOTION: Moves to ADOPT HB 3091 –3 amendments dated 4/20/01.
347	Rep. Kruse	Requests clarification that the language “the environmental quality commission may adopt administrative rules that specify the criteria used for approval of any disposed” is direct reference to Ross Island and not a general reference.
349	Chair Jensen	States this is the legislative intent.
355		VOTE: 8-0-1 EXCUSED: Lee AYE: In a roll call vote, all members present vote Aye.
	Chair Jenson	The motion CARRIES.
359	Rep. Leonard	MOTION: Moves HB 3091 to the floor with a DO PASS AS AMENDED recommendation.
360	Len Bergstein	Representing Northwest Strategies, Inc. Submits written testimony (EXHIBIT D). States that the –3 amendments conflict with the Oregon Division of State Lands (DSL) current permit language. States the standards are so restrictive that they can not attain their reclamation requirements.
400	Jim Rue	Director, Environmental Affairs, Ross Island. Notes the process they are asking for is protective of human health and environment but also allows completion of reclamation requirements.
Tape 105, A
045	Chair Jensen	States that after the deletion of section one, the –3 amendments, and the consultation with DEQ, DSL, and Legislative Counsel, we don’t feel we are imposing that strict a condition on Ross Island. States for the record that “the legislative intent is that Ross Island has the right to make their case to the Environmental Quality Commission (EQC) regarding the standards that do not exceed the protection of human health and the environment. The fact that the standards they are operating under at the present time, may if they can make their case to DEQ, and it is my understanding that they will probably be in a good position to do that, it will in fact allow them some leeway as to what the standards might be.”
055	Rep. Kruse	Questions what is the advantage of a requirement of the EQC.
060	Bergstein	Responds that with the permissive language they are susceptible to somebody’s list of priorities. Discusses removal of the materials.
080	Chair Jensen	States the DEQ has the expertise and the committee does not feel it has the expertise. “We leave it to the department with the, I hope, clear understanding that our intention is that you be able to negotiate with them as far as what those standards are at any time you wish to negotiate with them.”
100	Rep. Leonard	Concurs with Chair Jensen’s statement and comments that he believes the bill allows that latitude.
130	Bergstein	States for the record “there is no active fault line running through Ross Island.”
150	Rep. Leonard	Clarifies his use of the term active.
155	Chair Jensen	Compliments Mr. Bergstein on the hard work he has done on this bill.
		VOTE: 8-0 AYE: In a roll call vote, all members present vote AYE.
225	Chair Jenson	The motion CARRIES. REP. LEONARD will lead discussion on the floor.
	Chair Jenson	Closes the work session on HB 3091 and opens a work session on HB 2540.
HB 2540 – WORK SESSION
250	Thiele-Cirka	Summarizes HB 2540 and the –3 amendments, (EXHIBIT E).
269	Steve Sanders	Assistant Attorney General, Department of Justice (DOJ). States consensus agreement regarding the deletion of section 11 (b) of section 2 of the –2 amendments. Reads statement of the party’s intent to explain the deletion. (EXHIBIT F)
303	Roy Elicker	Legislative Coordinator, Oregon Department of Fish & Wildlife. States ODFW and the Fish Passage Task Force support the –3 amendments and the statement read into the record. (EXHIBIT F)
313	Rep. Lee	MOTION: Moves HB 2540-3 amendments dated 4/24/01.
		VOTE: 8-0-1 EXCUSED: 1 – Knopp
	Chair Jenson	The motion CARRIES.
323	Rep. Lee	MOTION: Moves HB 2540 to the floor with a DO PASS AS AMENDED recommendation.
345		VOTE: 8-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 – Knopp
	Chair Jenson	The motion CARRIES. REP. LEE will lead discussion on the floor.
350	Rep. Kruse	States the legislative intent is for reasonableness.
364	Chair Jenson	Closes the work session on HB 2540 and re-opens the work session on HB 3637.
HB 3637 – WORK SESSION
373	Chair Jenson	States there is additional work to be done. Closes the work session on HB 3637 and opens the public hearing on HB 3522.
HB 3522 – PUBLIC HEARING
388	Thiele-Cirka	Summarizes HB 3522 and the –1 and –2 amendments. (EXHIBIT G)
425	Pete Test	Associate Director for Government Affairs, Oregon Farm Bureau. Submits (EXHIBIT H). Testifies in support of HB 3522.
Tape 104, B
028	Steve Hammond	Ranch Owner in southeast Oregon. Reads prepared testimony (EXHIBIT I).
146	Rep. Tomei	Questions if he participated in drafting the bill.
150	Test	Responds affirmatively but notes this is Steve’s bill. Provides examples of how the wildlife impacts the ranches.
217	Test	Reviews the recommendations on page ten of (EXHIBIT I).
300	Rep. Wayne Krieger	House District 48. Submits (EXHIBIT J). Discusses the damage done by bears to tree farms, relates personal experience.
404	Rep. Smith	Relates personal experience.
485	Rep. Wirth	Questions if there are benefits to private landowners having wildlife on their property for hunting purposes.
490	Rep. Krieger	Responds with reasons why people own forest lands.
Tape 105, B
068	Tom Ursry	Oregon Family Farm Association. Representing six ranchers having problems with predators. Details the damage, states the animals live on state lands and are coming onto the ranches land.
099	Rep. Wirth	Questions if the state currently provides any compensation for loss of livestock or crop for any reason.
101	Ursry	Answers no.
127	Rep. Smith	Questions if there has been an increase since Measure 18.
128	Ursry	Responds affirmatively.
135	Bill McCormick	Rancher, Crook County. Submits (EXHIBIT K). Testifies in support of HB 3522.
195	Rep. Smith	Questions if ODFW still provides fencing for haystacks.
297	McCormick	Responds and explains the process to attain funding.
247	Elicker	Submits (EXHIBIT L). States that a large portion of the department’s time is involved in wildlife damage prevention programs. Explains how passage of HB 3522 would affect ODFW. Refers to the 1997 damage survey.
300	Rep. Wirth	Questions the fiscal impact if HB 3522 were implemented.
307	Elicker	Responds the department’s budget would increase substantially.
318	Rep. Wirth	Questions if there is a long-term solution.
332	Elicker	Responds that the compensation issue for incurred losses would be difficult. States the goal of ODFW is in prevention.
360	Rep. Smith	Questions the delays associated with the haystack-fencing program.
363	Elicker	Responds that the program is implemented through the Access and Habitat Board, which makes recommendations to the commission.
405	Rep. Tomei	Questions if ODFW is working on ways to eliminate the problem.
407	Elicker	Responds that HB 2049 would establish a joint task force.
Tape 106, A
045	Katie Cate	Oregon Cattlemen’s Association. Reads prepared testimony in support of HB 3522 with the –1 and –2 amendments (EXHIBIT M).
071	Jim Welsh	Oregon Family Farm Association. Submits prepared testimony in support of HB 3522 and the amendments (EXHIBIT N).
096	James Monroe	Ranch owner near Lebanon. Testifies that ODFW released wild turkeys without consulting the landowners causing property damage.
144	Rep. Wirth	Concurs this is a management problem.
168	Rep. Kruse	Closes the public hearing on HB 3522 and adjourns meeting at 3:30 p.m.

Submitted By, Reviewed By,

Linda K. Gatto, Sandy Thiele-Cirka,

Committee Assistant Committee Administrator

EXHIBIT SUMMARY

A. HB 3490, prepared testimony, DEQ, D. Pederson, 2 pp.

B. HB 3490, printed materials, Oregon Farm Bureau, P. Test, 22 pp.

C. HB 3091, -3 amendments dated 4/20/01, staff, 1 p

D. HB 3091, prepared testimony, Len Bergstein, 4 pp.

E. HB 2540, statement, Department of Justice, Steve Sanders, 1 p

F. HB 2540, -3 statements dated 4/24/01, staff, 20 pp.

G. HB 3522, -1 amendments dated 3/14/01 and –2 amendments dated 4/9/01, staff, 3 p

H. HB 3522, prepared testimony& printed material, Oregon Farm Bureau, P. Test, 44 pp.

I. HB 3522, prepared testimony, Steven Hammond, 2 pp.

J. HB 3522, pictures, Rep. Wayne Krieger, 2 pp.

K. HB 3522, prepared testimony, William McCormack, 2 pp.

L. HB 3522, prepared testimony, ODFW, R. Elicker, 1 p

M. HB 3522, prepared testimony, Katie Cate, 2 pp.

N. HB 3522, prepared testimony, Jim Welsh, 1 p