CONFERENCE COMMITTEE ON HB 3981

 

June 25, 2001                                                                                                         Hearing Room B

4:00 PM                                                                                                                          Tapes 1 –  2

 

MEMBERS PRESENT:         Rep. Bob Jenson, Chair

                                                Rep. Jeff Kropf

                                                Sen. Ryan Deckert

                                                Sen. Ted Ferrioli

                                                Sen. Ken Messerle

 

MEMBER ABSENT:             Rep. Al King

 

STAFF PRESENT:                 Sandy Thiele-Cirka, Committee Administrator

Linda Gatto, Committee Assistant

 

MEASURES HEARD:                       HB 3981B 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 1, A

004

Chair Jenson

Calls the committee to order at 4:12 p.m. and opens the work session on HB 3981B.

HB 3981B WORK SESSION

009

Brendan McCarthy

Deputy Legislative Counsel.  Reviews the changes in HB 3981-B9 amendments dated 6/25/01. (EXHIBIT A).

082

Sen. Messerle

Requests clarification, if the study will be done when the listing is being developed and at the completion of the listing.

090

McCarthy

Responds affirmatively. States the report is not a criteria for the listing, the listing is defined by a biological decision.

095

Sen. Deckert

Questions if the fiscal impact is known.

100

Chair Jenson

Responds that the fiscal on the original was indeterminate and should  be significantly less.

107

Sen. Messerle

Questions if there is a requirement for this information to be presented during the hearing process.

116

McCarthy

Responds there is no requirement.

117

Sen. Messerle

Comments that the report should be available for the hearing process.

120

Chair Jenson

Concurs that this is the intention.

125

Sen. Ferrioli

Supports the concept as stated by Sen. Messerle. States that basing the listing on biological information should be a concurrent consideration with other sciences including sociology and economics.

147

Chair Jenson

Refers to page 2, sub 2, sub c, of HB 3981B.

158

Rep. Kropf

Questions if in the phrase beginning on line 4, page 1, the word existing means that the economic analysis would be considered to be existing.

168

McCarthy

Responds that would be prior to the creation of the report.

180

Sen. Ferrioli

States in the federal Endangered Species Act, (ESA) consideration is limited to published documentation.

226

Rep. Kropf

States that the language needs to clearly express that the economic analysis is available for review while the listing process is occurring.

214

Sen. Ferrioli

Notes that the federal ESA puts the emphasis on the biological opinion of the scientific community and considers the economics after the fact.

235

Sen. Messerle

Refers to page 2, lines 30 – 33, of HB 3981B and discusses placing in a time for completion.

247

McCarthy

Responds there is no requirement to make the report available for public scrutiny.

261

Sen. Messerle

Suggests that in sub b there should be a time frame that the information be available at the public hearing prior to the listing.

263

Chair Jenson

Suggests inserting within 30-days of completion of the report.

275

McCarthy

Expresses concern on statutory time limits.

331

Sen. Ferrioli

States his objective is for the effects of a listing to be made available during the listing and disclosed to the public.

367

Rep. Kropf

Comments on line 16 and proposes that there be some change to the language to ensure that the report is available for review by the time the commission makes the final decision.

438

Sen. Ferrioli

Offers to conceptually amend line 17 of the –B9 amendments by striking the words “the time” and add the words “30 days before the commission” and reads the new sentence.

455

Sen. Messerle

Notes that the hearing process is greater than 30 days.

TAPE 2, A

011

Rep. Kropf

Suggests using the word “initial” to imply that the report be made available before the first hearing.

013

Chair Jenson

Questions if the concern is the rule making process or the hearing process.

014

Sen. Ferrioli

Responds the concern is to have full disclosure to communities and encourage full participation in the hearing process.

022

Rep. Kropf

Questions if the information would be available for consideration at the hearings process and also for recovery. Questions legislative counsel if the proposed changes to the bill or amendments delete the statutory rule requirements for Oregon Department of Fish and Wildlife, (ODFW) to complete an economic analysis during the recovery plan period.

040

McCarthy

Responds he is not aware of that requirement and has not deleted it that he knows of. Suggests allowing an extension of the time frame to list the species if the report is not completed.

069

Sen. Ferrioli

Refers to line 17 and suggests striking the words “by the time the commission makes a final” and add language behind the word review “before the commission holds it’s initial public hearing for”.  

081

Sen. Ferrioli

States the conceptual amendment for the record, “the commission shall prioritize the completion of the report to ensure that the report is available for review before the commission holds its initial public hearing for making a determination on the addition of the species to the list”. Explains the intent.

105

Pete Test

Associate Director Oregon Farm Bureau Federation. Testifies in support of the conceptual amendment.

157

Rep. Kropf

Questions Chair Jenson if the amendments on page 3, of HB 3891A-9 restating that the Oregon ESA only applies to endangered species on state land will satisfy the circumstances in the wind power facility.

170

Chair Jenson

Responds affirmatively.

180

Sen. Ferrioli

MOTION:  Moves to ADOPT HB 3981-B9 amendments dated 06/25/01 and FURTHER AMENDED on page 1, line 17, by deleting "by the time the commission makes a final" and inserting after "review" on page 1, line 17 "before the commission holds its initial public hearing for making a".

181

 

VOTE:  5-0

ABSENT:  1 – King

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

187

Chair Jenson

Questions what comments Water Resources Department, (WRD) has on section 7, of the B-10 amendments, (EXHIBIT B).

195

Tom Byler

Water Resources Department, (WRD). Responds that this would direct the Oregon Law Commission to review the adjudication process. Explains the process.

220

Chair Jenson

Referring to section 7, asks what his recommendation to the governor would be.

222

Byler

Responds that any review of the process would not be productive. Comments the people in the Klamath Basin are looking for certainty not delays.

229

Sen. Messerle

Questions if the people who have adjudicated rights have certainty now.

238

Byler

Responds that federal case law makes clear in its opinion that the basin has to be managed as a whole and at issue is the sub basins that have already been adjudicated would subject to regulation as a whole.

306

Sen. Deckert

Questions how would the process slow down and ask what are the primary concerns with section 7.

312

Byler

Responds that the adjudication process would be changed by the commission and the legislature.

344

Rep. Kropf

MOTION:  Moves HB 3981 to the floor with the recommendation that the House CONCUR in Senate amendments dated 06/12/01 and that the bill be further amended   by the –B9 amendments dated 6/25/01 with conceptual additions and REPASS the Measure.

349

 

VOTE:  4-1-1

AYE:            4 – Senators Messerle, Ferrioli, Representatives  Kropf, Jenson

NAY:            1 – Senator Deckert

ABSENT:    1 – Representative King

315

Chair Jenson

The motion Carries.

SEN. FERRIOLI and REP. JENSON will lead discussion on the floor.

467

Chair Jenson

Closes the work session on HB 3981 and adjourns the meeting at     5:07 p.m.

 

 

 

Submitted By,                                                                           Reviewed By,

 

 

 

Linda K. Gatto,                                                                        Sandy Thiele-Cirka,

Committee Assistant                                                                 Committee Administrator

 

EXHIBIT SUMMARY

 

A.     HB3981B, -9 amendments dated 6/25/01, staff, 8 pp.

B.     HB 3981B, -10 amendments dated 6/25/01, staff, 2 pp.