SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

 

 

January 19, 2001   Hearing Room B

8:00 AM   Tapes  9 - 11

 

MEMBERS PRESENT:            Sen. Ken Messerle, Chair

Sen. Frank Shields, Vice-Chair

Sen. Bill Fisher

Sen. Ginny Burdick

Sen. Roger Beyer

Sen. Ryan Deckert

 

MEMBER EXCUSED:

Sen. Jason Atkinson

 

STAFF PRESENT:                  Judith Callens, Committee Administrator

Patricia Nielsen, Committee Assistant

 

 

MEASURE/ISSUES HEARD:            LC 1856 Work Session/Introduction as committee bill **

                                                SB 49 Public Hearing and Work Session

                                                SB 172 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 9, A

004

Chair Messerle

Convenes meeting at 8:10 a.m.

LC 1856 – Work Session

005

Sen. Fisher

MOTION:  Moves LC 1856 BE INTRODUCED as a committee bill.

007

 

VOTE:  5-0

EXCUSED:  2 - Atkinson, Deckert

010

Chair Messerle

Hearing no objection, declares the motion CARRIED.

011

Chair Messerle

Closes work session on LC 1856.  Opens public hearing on SB 49.

SB 49 – PUBLIC HEARING

013

Judith Callens

Introduces the bill and the –1 amendments.

020

Roy Hemmingway

Governor’s policy advisor on salmon and energy.  Testifies in favor of the bill.

053

Sen. R. Beyer

Asks why the governor supports a change for the Oregon Department of Fish and Wildlife (ODFW), but not others.

059

Hemmingway

Responds and describes the agency’s role in the implementation of the Oregon Plan.

064

Sen. R. Beyer

Asks for clarification about responsiveness of the commission to the governor.  Points out that these commissioners are appointed to a 4-year term, and cannot be removed except for cause, instead of serving at the pleasure of the governor.

076

Hemmingway

Clarifies how commissioners could be removed.

082

Sen. R. Beyer

Asks whether the commission has declined to take input from the governor when appointing its director.

102

Sen. Deckert

Expresses concern about the long-term view, rather than taking a short-term solution.

115

Hemmingway

Provides information about governor’s concerns over the accountability of the agency.

133

Sen. Burdick

Explains concern about the relationship between the director and the commission, and whether changing the appointment process would alter or weaken the commission.

140

Hemmingway

Responds describing the interaction other agency directors have had with the governor’s office, compared with the ODFW director.

166

Sen. Burdick

Describes her experience as a commissioner on the Land Conservation and Development Commission (LCDC), and its appointment of a director.

176

Chair Messerle

Raises the distinction between not agreeing with the governor and not working with him.

191

Hemmingway

Responds.

196

Sen. R. Beyer

Inquires if the situation would be resolved if the commission were required to consult with the governor in the selection process.

207

Hemmingway

Describes need for director who is accountable.

212

Henry Lorenzen

Oregon Fish and Wildlife Commissioner.  Describes his background and experience on several commissions.  Testifies in opposition to the bill.  Refers to submitted written material (EXHIBIT A).

400

Chair Messerle

Asks about perspective on problems of ODFW.

Tape 10, A

007

Lorenzen

Provides his perspective.

042

Chair Messerle

Expresses frustration about the Commission’s role in dealing with details of issues, instead of setting policy and holding hearings.

059

Sen. Fisher

Describes experiences of constituents before the Commission.

096

Lorenzen

Offers to investigate.

107

Sen. Deckert

Asks whether the nature of the appointment of the commissioners (at the pleasure of the governor, versus removal for just cause only) makes a difference in the responsiveness of the commissioners to the executive branch.

117

Lorenzen

Responds.

149

Sen. Deckert

Inquires whether a commission faced with a difficult decision would have difficulty making a decision for fear of being removed.

161

Lorenzen

Disagrees.

166

Sen. Burdick

Asks what other measures could be taken to make commission more responsive to the governor in appointing its agency director.

176

Lorenzen

Describes the commission’s efforts to work with the governor’s office on appointments.

201

Sen. R. Beyer

Inquires how long Mr. Lorenzen has been on the commission.

205

Lorenzen

Responds.

207

Sen. R. Beyer

Observes the commission has not been responsive for the past four years, except during the legislative session when budgets are being discussed.  Asks about the duration of a commission appointment.

221

Lorenzen

Explains.

236

Sen. R. Beyer

Asks whether the commission should be required to consult with governor on the appointment of the agency director.

240

Lorenzen

Concurs.

260

Chair Messerle

Remarks that the issue is larger than the department itself.  Describes his experience during the interim when his committee tried to work with the department to help make it more effective, and the department’s response.

313

Lorenzen

Offers to bring additional information to committee if needed.

344

Jim Myron

Conservation Director, Oregon Trout.  Testifies in support of the bill.  Refers to written testimony (EXHIBITS B, C).

354

Doug Myers

Trout Unlimited.  Testifies in support of the bill.

390

Glen Stonebrink

Executive Director, Oregon Cattlemen’s Association.  Testifies in opposition to bill.

415

Pete Test

Associate Director, Oregon Farm Bureau.  Testifies as a neutral at this time, but raises issues for the committee to consider.

TAPE 9, B

060

Rod Klawitter

Oregon United Sporting Dogs Association.  Testifies in opposition to the bill.

080

Roger Martin

Testifies about the history of ODFW, and what desires the constituents of the state have expressed.

140

Sen. R. Beyer

Comments that department has forgotten that its constituency is the state’s hunters and fishermen.  Expresses concern that the agency has become unresponsive to that constituency.

150

Sen. Fisher

Suggests having a required mix of interests on the commission, rather than the governor being able to appoint all commissioners.  Asks whether the strict geographical area appointments are effective.

200

Martin

Describes backgrounds of the existing commission, and the lack of responsiveness of some department staff to the commission.

210

Sen. Fisher

Asks whether the director and staff serve at pleasure of the commission.

216

Chair Messerle

Observes there is a lack of trust between the director and the commission, causing the commission to feel it must be involved in day to day issues instead of leaving them to the director.  Major issues include the Endangered Species Act (ESA), water rights issues, a change in the voting base of the state.  With the increased complications in the law, there must be a change in the structure of the department.

249

Chair Messerle

Closes public hearing on SB 49.  Opens work session on SB 49.

SB 49 – WORK SESSION

255

Callens

Introduces -1 amendments, an emergency clause.

260

Chair Messerle

Observes that timing is part of the momentum for the bill.

270

Chair Messerle

Places the committee at ease, 9:22 a.m.

271

Chair Messerle

Re-convenes the committee at 9:23 a.m.

280

Sen. Burdick

MOTION:  Moves to ADOPT SB 49-1 amendments dated 01/16/01.

290

 

VOTE:  6-0

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

EXCUSED:  1 – Atkinson

300

Chair Messerle

The motion CARRIES.

310

Chair Messerle

Asks for motion with amendments.

320

Sen. Fisher

MOTION:  Moves SB 49 to the floor with a DO PASS AS AMENDED recommendation.

330

Vice-chair Shields

Comments in support.

340

Sen. Burdick

Comments in support

350

Sen. R. Beyer

Comments in opposition.

390

Chair Messerle

Comments about the functioning of the agency, and the goal of the bill.

420

Chair Messerle

Calls for the vote.

430

 

VOTE:  4-2

AYE:               4 – Burdick, Fisher, Shields, Messerle

NAY:               2 – Beyer R, Deckert

EXCUSED:     1 – Atkinson

435

Chair Messerle

The motion CARRIES.

SEN. MESSERLE will lead discussion on the floor.  (Reference at Tape 11, A.)

TAPE 10, B

010

Chair Messerle

Opens public hearing on SB 172.

SB 172 – PUBLIC HEARING

013

Callens

Describes the measure.

023

Rich Angstrom

Managing Director, Oregon Concrete and Aggregate Producers Association (OACPA), and chair of Healthy Stream Partnership (HSP).  Explains the bill, which changes removal/fill permitting process.  Testifies in favor.

071

Sen. Burdick

Asks whether section 404 is already being assumed.

075

Angstrom

Describes previous efforts regarding streamlining the permitting process, and jurisdictional issues.

099

Sen. Burdick

Inquires whether the requirements would be stronger under the proposed process of obtaining only a state permit.

104

Angstrom

Describes the restrictions.

108

Sen. Burdick

Asks if this would put the 404 program on the same footing as permitting for industrial discharges.

114

Angstrom

Defers the question to agency staff.

135

Ann Hanus

Director, Division of State Lands (DSL).  Introduces Eric Metz.  Testifies in favor of bill, and refers to written testimony (EXHIBIT E).  Describes in detail the permitting process and proposed approaches.

207

Eric Metz

Division of State Lands.  Discusses Supreme Court cases affecting the removal/fill permitting process.

250

Chair Messerle

Comments approving movement in the right direction.  Asks how many other states have authority under section 404, and whether they got authority prior to the Endangered Species Act (ESA).

260

Metz

Responds and lists other states with authority and effect of ESA.

270

Sen. Deckert

Asks whether the agency has done analysis of the effect of the recent Supreme Court decision.

275

Metz

Describes the case, and the effect on Oregon’s wetlands protection.

298

Sen. Burdick

Characterizes the Illinois issue as the applicability of the Clean Water Act (CWA) over certain wetlands.  Asks whether Oregon would retain jurisdiction over wetlands where state requirements are more stringent than federal.

312

Metz

Affirms and describes take protection under ESA.

331

Sen. Burdick

Commends the agency for trying to streamline the process.

337

Sen. R. Beyer

Asks why exemptions for less than one cubic yard are removed in this bill, while in SB 303 the same exemptions are left in place.

360

Metz

Responds describing contingencies.

371

Sen. R. Beyer

Asks whether this bill removes exemptions which are now in place.

382

Metz

Describes the application of the bill.

400

Chair Messerle

Affirms the need for clarification regarding exemptions.

420

Jon Oshel

County Road Program Manager, Association of Oregon Counties (AOC).  Testifies in favor of bill.

438

Test

Oregon Farm Bureau.  Testifies taking no position, and asks for opportunity to work with the department before supporting the bill.

466

Yvonne Vallette

Environmental Protection Agency (EPA).  Testifies giving EPA perspective supporting the effort.

Tape 11, A

040

Chair Messerle

Asks whether other states have requested this assumption.

046

Vallette

Describes which other states have requested that authority, and funding for programs.

050

Sen. Burdick

Asks whether there is any money available.

 

055

Vallette

Describes grant programs.

060

Chair Messerle

Adjourns meeting at 10:03 a.m.

 

Submitted By,                        Reviewed By,

 

 

 

Patricia Nielsen,                        Judith Callens,

Committee Assistant                        Committee Administrator

 

EXHIBIT SUMMARY

 

A – SB 49, News article “Bud Forrester: A fine example,” Henry Lorenzen, 1 p

B – SB 49, Written testimony, Jim Myron, Oregon Trout, 1 p

C – SB 49, Written testimony, Jim Myron, Oregon Trout, 1 p

D – SB 49, Written testimony, Robert P. Davison, Wildlife Management Institute, 2 pp

E – SB 172, Written testimony, Ann Hanus, Division of State Lands, 12 pp