HOUSE COMMITTEE ON STREAM RESTORATION

& SPECIES RECOVERY

 

April 27, 2001                                                                                                         Hearing Room E

1:00 P.M.                                                                                                                 Tapes  108 - 109

 

MEMBERS PRESENT:        

                                                Rep. Bob Jenson, Chair

Rep. Jan Lee, Vice-Chair

Rep. Randy Leonard Vice-Chair

Rep. Tim Knopp

Rep. Jeff Kruse

Rep. Al King

Rep. Carolyn Tomei

Rep. Kelley Wirth

 

MEMBER EXCUSED:          Rep. Patti Smith

 

STAFF PRESENT:                 Sandy Thiele-Cirka, Committee Administrator

Linda K. Gatto, Committee Assistant

 

MEASURES HEARD:          

                                                HB 2788 – Reconsideration

                                                HB 3854 – Work Session

HB 3971 – Public Hearing

HB 3002 – Work Session

HB 3124 – Work Session

HB 3016 – 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 108, A

004

Chair Jenson

Calls the meeting to order at 1:17 p.m. and opens the reconsideration of HB 2788. Explains the process.

HB 2788 – RECONSIDERATION

022

Rep. Lee

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering the vote on HB 2788.

 

 

VOTE:  7-0

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

EXCUSED:  2 - Leonard, Smith

032

Chair Jenson

The motion CARRIES.

037

Rep. Lee

MOTION:  Moves to RECONSIDER the vote by which HB 2788 was sent to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0

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

EXCUSED:  2 - Leonard, Smith

052

Chair Jenson

The motion CARRIES.

060

Chair Jenson

Closes the reconsideration of HB 2788 and opens a work session on HB 3854.

HB 3854 – WORK SESSION

065

Sandy Thiele-Cirka

Administrator. Summarizes the status of HB 3854.

078

Rep. Jeff Merkley

House District 16. Explains the –1 amendments (EXHIBIT A) and discusses intent of HB 3854.

138

Phil Donovan

NorthWest Sportsfishing Industry. Submits and summarizes prepared testimony in support of HB 3854 and –1 amendments (EXHIBIT B).

163

Paul Donheffner

Director, Oregon State Marine Board. Testifies in support of HB 3854 and –1 amendments and discusses fee increase.

222

Rep. Tomei

Questions the fiscal impact.

224

Donheffner

Responds that a revised fiscal impact has not been prepared on the amendments, but there would be no additional administrative expense.

235

Rep. Tomei

Questions if the sunset date is present.

239

Rep. Merkley

Responds that the sunset is acknowledged when the two-stroke engines have been reduced to 5% in Oregon. Notes that 2006 is the beginning of the federal ban on the sale of two-stroke engines.

248

Rep. Kruse

Notes that the original bill had a specific rebate amount but the amendments propose a sliding scale. Questions if the two amounts are comparable.

252

Rep. Merkley

Responds that the marine board established the rebate amounts.

272

Rep. Kruse

Argues that the incentives do not exist for the consumer to make the change. Expresses concern that HB 3854 is a tax on boat owners.

282

Chair Jenson

Clarifies that someone who replaced his engine last summer will pay the same fee increase as those who would get a rebate under HB 3854.

294

Rep. Merkley

Responds affirmatively. Suggests that the person who replaced his engine last summer may need to do so during the time period under which the rebates are still being offered.

308

Donovan

Adds that there is also the benefit of increased motorized boat facilities for the fee increase.

324

Rep. Kruse

Argues that having lower boating fees than neighboring states is not justification for raising fees. Asks for data on how much pollution two-stroke motors contribute to water quality.

347

Rep. Merkley

Offers to provide the statistics and other information about two-stroke pollution. Estimates pollution damage done by two-stroke engines.

394

Chair Jenson

Closes the work session on HB 3854 and opens the public hearing on HB 3971.

HB 3971 – PUBLIC HEARING

408

Rep. Lee

Summarizes HB 3971.

437

Scott Ashcom

Oregon Association of Nurseymen. Submits and summarizes prepared testimony (EXHIBIT C).

TAPE 109, A

071

Rick Glick

Davis Wright Tremaine Law Firm.  Representing Lincoln City. Submits and summarizes prepared testimony in support of the amendments to repeal ORS 537.390 (EXHIBIT D).

155

Rep. Lee

States that she was unaware of all of the water uses.

101

Martha Pagel

Attorney, Schwabe, Williamson, Wyatt. Representing coastal water district. Testifies in support of repealing ORS 537.390. Explains the water use statute and its implications.

145

Rep. Kruse

Questions if there is a definition of “severe drought”, and questions when this statute has been enforced.

158

Pagel

Responds that the Water Resource Department makes the declaration directed by the governor at request of a county government.

200

Chair Jenson

Questions if water rights are free.

202

Pagel

Responds that the holder of the water right does not pay money to the state for use of the water.

206

Chair Jenson

Clarifies that a holder of water rights who obtains the right for free should not be able to benefit from the sale of them.

211

Pagel

Concurs, but notes that those who have the water rights have invested a great deal to develop the water for beneficial use.

319

Tom Byler

Water Resources Department (WRD). Testifies that the department is neutral on the repeal of the statute.

364

Kathy Miller

Water Utility Section, Oregon Public Utility Commission. Testifies that there is concern about the repeal of the statute because it may impact the rates.

397

Doug Myers

Representing WaterWatch. Testifies in opposition to HB 3971. Notes it would drive up costs, and notes there are Measure 7 issues as well as fiscal implications.

Tape 108, B

047

Richard Kosesan

Representing Water for Life. Testifies in support of sections 1,2 and 4, but notes opposition to section 3. Notes that the supply and demand issue will increase and actions should be taken carefully.

067

Pete Test

Associate Director of Governmental Affairs, Oregon Farm Bureau. Testifies in support of the concept of HB 3971, but notes opposition to section 3.

091

Glick

Responds concerns and comments.

151

Rep. Lee

Expresses concern that the federal government is buying water rights in the Klamath Basin and might be in violation of statute.

159

Glick

Responds that there is hope that the law is not interpreted in that way, but understands the concern.

170

Chair Jenson

Closes the public hearing on HB 3971 and opens the work session on HB 3002.

HB 3002 – WORK SESSION

190

Thiele-Cirka

Summarizes the status of HB 3002 –2 amendment (EXHIBIT E).

227

Chair Jenson

Comments on the different points of view regarding defining recovery.

240

Terry Thompson

Former State Representative. States that commercial fisheries and sport fisheries should be holding a seat. Concurs with the IMST’s recommendation.

301

Ken Evans

Representing Fisheries Restoration Enhancement Coalition. Testifies in support of the –2 and concurs with Mr. Thompson’s testimony.

353

Willie Tiffany

Representing League of Oregon Cities. Expresses concern that there is no local government perspective included in HB 3002.

370

Chair Jenson

Explains his direction for HB 3002 passage.

389

Roy Elicker

Legislative Coordinator, Oregon Department of Fish & Wildlife (ODFW). Testifies in support of HB 3002.

444

Chair Jenson

States that he will appoint a word group to address the issue.

Tape 109, B

010

Rep. Wirth

Questions if there are other groups that would benefit working on the task force.

015

Elicker

Answers that a local government representative would be advantageous, but it would be worked out in the work group process.

028

Chair Jenson

States that the amendment was drafted quickly because of the importance of HB 3002. Explains his intentions for the upcoming work group. Closes work session on HB 3002 and opens work session on  HB 3124.

HB 3124 – WORK SESSION

085

Rep. Leonard

MOTION:  Moves HB 3124 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Ways and Means.

089

Thiele-Cirka

Summarizes HB 3124.

 

 

VOTE:  6-2

AYE:               6 - King, Knopp, Lee, Leonard, Tomei, Wirth

NAY:               2 - Kruse, Jenson

EXCUSED:     1 – Smith P

111

Chair Jenson

The motion CARRIES.

115

Chair Jenson

Closes work session on HB 3124 and opens work session on HB 3016.

HB 3016 – WORK SESSION

117

Thiele-Cirka

Summarizes HB 3016.

125

Elicker

Submits and summarizes prepared testimony regarding HB 3016 (EXHIBIT F).

229

Chair Jenson

Questions how much money will be spent on the existing methodology in the next decade. Questions the probability of eliminating the tui chub and re-establish a viable trout fishery.

265

Elicker

Responds that ODFW does not know of any other way to remove the tui chub.

300

Chair Jenson

Closes work session on HB 3016 and adjourns meeting at 2:58 p.m.

 

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

Transcribed By,

 

 

Michael Reiley,

Committee Assistant

 

EXHIBIT SUMMARY

 

A – HB 3854, -1 amendments, staff, 7 pp.

B – HB 3854, written testimony, Phil Donovan, 1 p.

C – HB 3971, written testimony and –3 amendments, Scott Ashcom, 3 pp.

D – HB 3971, written testimony, Rick Glick, 2 pp.

E – HB 3002, Recovery Planning Guidance for Technical Recovery Teams, staff, 22 pp.

F – HB 3016, written testimony, Roy Elicker, 8 pp.