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