SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

 

 

January 24, 2001   Hearing Room B

8:00 am Tapes  14 - 15

 

MEMBERS PRESENT:            Sen. Ken Messerle, Chair

Sen. Frank Shields, Vice-Chair

Sen. Bill Fisher

Sen. Ginny Burdick

Sen. Jason Atkinson

Sen. Ryan Deckert

 

MEMBER EXCUSED:             Sen. Roger Beyer

 

STAFF PRESENT:                  Jennifer Solomon, Committee Administrator

Cheryl Young, Committee Assistant

 

 

MEASURE/ISSUES HEARD:            SB 315 Public Hearing          

                                                SB 412 Public Hearing

                                                SB 313 Public Hearing and Work Session

                                                SB 308 Work Session

                                                SB 309 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 15, A

006

Chair Messerle

Opens as sub-committee, Public Hearing of SB 315 at 8:05.

SB 315- PUBLIC HEARING

 

 

Staff summarizes SB 315.

012

Charlie Stone

Assistant State Forester for Department of Forestry Protection Division. Introduces Gregg Cline, Forest Practices Policy Manager.  Describes goals for this bill to cover. Describes intent of the bill and the Forestry Practice Act. Recommends removal of the word ‘commercial’ from the definition of operation. States that Sen. Beyer raised concerns that they may have inadvertently changed some other things in the law, through shifting the definition of forestry species to operation of the bulk of those exemptions. Will do more research to get back to committee administrator.

Submits written testimony. (EXHIBIT A).

095

Chair Messerle

Announces they are now in full committee. Asks to be informed when ready to bring the bill back to work session.  Asks for clarification of the procedure for an operator between Juniper being under the Forestry Practices Act and being exempt.

102

Gregg Cline

Clarifies for committee. Submits report.  (EXHIBIT B).

128

Ray Wilkensen

Oregon Forest Industries Council. Speaks in support of bill for OFIC. Also notes support of the next two bills on the agenda as well.

142

Pete Test

Associate Director of Governmental Affairs for the Oregon Farm Bureau. Participated as an advisor in the task group that worked with 1115 related to the change in Juniper definition.  Support efforts made. Concern with it being more of a management activity than a commercial activity. Supports all sections of the bill.

161

Chair Messerle

For the record: Sen. R. Beyer is excused for the day

Closes Public Hearing on SB 315. Open Public Hearing SB 412.

SB 412 – PUBLIC HEARING

 

 

Staff distributes and summarizes SB 412.

180

Charlie Stone

Assistant State Forester for Protection. Testifies on SB 412. Discusses the past three amendments to the Forest Practices Act. Requests the addition of language to clarify the conflicts without changing the overall policy goal of the 1991 legislation. Instead of “solely, may prohibit”; add language “but not regulate” to make clear there is not an in-between area.

Submits written testimony. (EXHIBIT C).

314

Sen. Fisher

On page 1 line 27, referring to growth boundaries asks why and under what circumstances would a county want to prohibit forest practice.

323

Stone

May be some geologic or cultural feature within the county that  feels so strongly about, under goal 5, if that’s the case, act provides they can develop an exemption for Goal 4 under their County Land Use Plan and restrict the activity to FPA.

342

Sen. Fisher

Notes that it seems that if several county commissioners are elected that did not like logging, they can prohibit, just out of hand. Questions if he reads that correctly.

351

Stone

Concern, but doing it through goal 4 exemption would be the check on that. State that they would have to demonstrate and have acknowledged by LCDC that there is a separate purpose that would make sense to restrict forestry use.

363

Sen. Fisher

Asks if he feels there should be some kind of definition further in bill, that they cannot unreasonably withhold it.

367

Stone

Disagrees and gives examples.

379

Chair

Comments that the threat of Ballot Measure 7, might have a dampening effect on that.

383

Sen. Burdick

Questions the county’s ability to prohibit under this bill would only apply to exception lands not to land that is zoned for forest use.

389

Stone

Agrees. States that they would already have to have an exemption or apply for an exception for forest use in order to do that.

398

Sen. Burdict

Questions the resource land inside the urban growth boundaries Curious as to what situations he knows of on the ground where this has been an issue and how it’s been resolved.

404

Stone

Gives examples of instances of trying to apply regulations that were not adopted for that purpose.

464

Sen. Burdick

Asks that Mr. Stone explain how this approach will ensure the protection of streams, especially salmon streams, where there might be forest operations within urban growth boundaries.

470

Stone

Replies that he cannot assure that, because not the department’s intention of being the arbiter of what is and isn’t allowable by the city. Expands on comments

Tape 15, A

029

Linda Ludwig

League of Oregon Cities. Comments on SB 412. Supports the intent of the bill, but, recognizes there are unintended consequences to the existing law as it now stands.  Feels more defining language needs to be added to the bill to make it more helpful for the cities to more fully understand the intent of the bill.

050

Sen. Burdict

Comments that attention be paid to not imposing extra barriers to developing inside the UGB, as well as, the forest operations wherever they are.  The real intent for land inside UBG is for development, so as policies are made, don’t form any new barriers toward that land moving into the development.

058

Chair Messerle

Submits written testimony. (EXHIBIT D).

E-mail in support of SB 412, submitted by Chair Messerle. (EXHIBIT E).

Closes public hearing on SB 412.

Opens public hearing on SB 313.

SB 313 – PUBLIC HEARING

066

 

Staff distributes SB 313 and amendment. And summarizes.

Submits proposed –1 amendment. EXHIBIT F).

076

Sen. Fisher

Asks for clarification of ‘extends sunset’ or does the statement mean do away with it.

078

Staff

Clarifies that bill eliminates the sunset, and the amendment extends it.

080

Sean Miller

PNW Christmas Tree. Association. States that the bill, as drafted was supported last session, new program implemented civil penalty authority.  Found that many Christmas Tree growers were violating quarantine orders. Explains why the program was not implemented. Asks to be extended another two years. Would support bill with the amendment.

118

Sen. Fisher

Asks if the bill was no more important than that, does this mean that the growers are going to have another two years to fool around with it before it starts to take effect. Questions what good is the law, if it’s not done?


 

121

Miller

Thought it would be implemented immediately. States that the law did go into effect in 99 and not used to this date.

128

Sen. Fisher

Asks if it hasn’t been used to date, do we need it?

129

Miller

States that yes, and they support the idea of giving civil penalty authority. Now that the rules have been put in place, they are now going to be able to use it.  Cannot explain why it took so long to implement.

154

Chuck Craig

Deputy Director, Department of Agriculture. Asks for the committee to extend the authority that last session granted to do civil penalties on people who violate our laws.

Responds to earlier question regarding why it took so long: two reasons, 1) key staff turnover and 2) spent much time with industries who would be affected by this regulation and took this amount of time to work through this.

Supports the amendment.

Submits written testimony. (EXHIBIT G).

189

Chair Messerle

Asks who were the other groups he worked with.

189

Craig

Lists committees.

192

Sen. Deckert

Asks when were rules adopted.

193

Craig

Responds, December 2000.

195

Sen. Deckert

Asks that if dash 1 is adopted, will it mean that you will be back in two years asking for another extension?  There is frustration in knowing the cost of printing a bill, and moving it through the legislature. My question is similar to Sen. Fisher’s, why does it take so long to adopt rules?

204

Craig

Responds. Gives examples of time requirements and procedural requirements.

225

Sen.  Shields

Questions, why bother with a two year sunset, if it’s going to take two years too implement; why not do a four year sunset.

232

Craig

Answers that the proposed bill has some reservations about giving authority permanently, A compromise was proposed and accepted, did not think about period of time.

246

Sen Fisher

States that he has problem understanding the time line it takes to implement these rules when there are people out there doing criminal activities.

267

Chair Messerle

Asks if there are actually people out there doing these things?

268

Craig

Responds in the affirmative and elaborates further on his answer.

282

Chair Messerle

Comments that threats do have some effect on people.

Closes public hearing.   Open work session.

SB 313 -WORK SESSION

293

Sen. Fisher

Makes motion. Amendment –1 SB 313.

302

Sen. Atkinson

Move SB 313 as amended. 

293

Sen. Fisher

MOTION:  Moves SB 313-1 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

EXCUSED:  1 - Sen. R. Beyer

 

Chair

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

316

Chair Messerle

Closes work session of SB 313. 

Opens work session on SB 308.

SB-308 WORK SESSION

319

 

Staff summarizes SB 308.

330

Chair Messerle

Asks for any discussion of the bill

343

Sen. Burdick

MOTION:  Moves SB 308 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

EXCUSED:  1 - Sen. R. Beyer

 

Chair

Hearing no objection, declares the motion CARRIED.

SEN. DECKERT will lead discussion on the floor.

349

Chair Messerle

Closes work session on SB 308.

Opens work session on SB 309.

SB-309 WORK SESSION

370

 

Staff summarizes SB 309.

388

Chair Messerle

Asks for motion.

392

Sen. Fisher

MOTION:  Moves SB 309 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

EXCUSED:  1 - Sen. R. Beyer

 

Chair

Hearing no objection, declares the motion CARRIED.

SEN. FISHER will lead discussion on the floor.

408

Chair Messerle

Meeting adjourned 8:57.

 

Submitted By,                        Reviewed By,

 

 

 

Cheryl Young,                        Jennifer Solomon,

Committee Assistant                        Committee Administrator

 

EXHIBIT SUMMARY

 

A – SB 315, written testimony, Charlie Stone, 3 pp

B -- SB 315, written report, Charlie Stone, 5 pp

C -- SB 412, written testimony, Charlie Stone, 2 pp

D -- SB 412, booklet, Charlie Stone, oversized

E – SB 412, written testimony, Jim Myron, 1 p

F -- SB 313, proposed –1 amendment, staff, 1p

G – SB 313, written testimony, Chuck Craig. 1 p