SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

 

 

January 31, 2001   Hearing Room B

8:00 AM Tapes  21 - 22

 

MEMBERS PRESENT:            Sen. Ken Messerle, Chair

Sen. Frank Shields, Vice-Chair

Sen. Bill Fisher

Sen. Ginny Burdick

Sen. Jason Atkinson

Sen. Roger Beyer

Sen. Ryan Deckert

 

STAFF PRESENT:                  Judith Callens, Committee Administrator

Patricia Nielsen, Committee Assistant

 

MEASURE/ISSUES HEARD:            SB 328 – Public Hearing

                                                LC 2397 - Introduction of Committee Bill

                                                Informational Meeting/Department of Environmental Quality

 

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 21, A

004

Chair Messerle

Opens meeting at 8:05 a.m.

SB 328 - PUBLIC HEARING

014

Judith Callens

Committee Administrator.  Introduces bill.

025

Lisa Zavala

Associate Director of Government Relations, Oregon University System.  Testifies in favor.  Submits written testimony (EXHIBIT A).

039

Hal Salwasser

Dean of College of Forestry, Oregon State University.  Testifies in favor.

054

Sen. R. Beyer

Asks for clarification of how the University assumes risk of activities but cannot reap benefits.

060

Zavala

Explains.

070

Sen. R. Beyer

Asks whether the University is owned by the state.

075

Zavala

Offers to bring more information to the committee.

075

Salwasser

Offers to get more information for the committee.

080

Sen. R. Beyer

Comments about risk.

089

Steve Purchase

Assistant Director for Field Operations, Division of State Lands (DSL).  Testifies in support, and submits written material (EXHIBIT B).

110

Vice-Chair Shields

Repeats Sen. R. Beyer’s question about who assumes risk.

115

Purchase

Describes oil and gas operations.

120

Vice-Chair Shields

Asks what it means to share, between Education and DSL.

125

Purchase

Clarifies.

134

Sen. Fisher

Asks whether share means share and share alike.

138

Purchase

Responds.

150

Salwasser

Clarifies.

160

Sen. R. Beyer

Comments that the state as a whole suffers a loss, not just the University.

165

Chair Messerle`

Closes public hearing on SB 328.  Opens work session for introduction of committee bills.

INTRODUCTION OF COMMITTEE BILLS – WORK SESSION

185

Callens

Presents LC 2397.

195

Chair Messerle

MOTION:  Moves LC 2397 BE INTRODUCED as a committee bill.

195

 

VOTE:  7-0

 

Chair Messerle

Hearing no objection, declares the motion CARRIED.

 

 

 

200

Sen. Fisher

Submits letter from Jim Welsh, Oregon Family Farm Association, into the committee record (EXHIBIT D).

215

Chair Messerle

Opens informational meeting.

DEPARTMENT OF ENVIRONMENTAL QUALITY – INFORMATIONAL MEETING

230

Stephanie Hallock

Director of Department of Environmental Quality (DEQ).  Submits written testimony (EXHIBIT E).

290

Chair Messerle

Asks what percentage of river water quality problems relate to temperature standards.

295

Hallock

Responds.

370

Chair Messerle

Expresses concerns about how the agency has operated in the past.

380

Sen. Burdick

Requests information on diesel emissions and how it will it affect programs.

390

Hallock

Responds.

413

Chair Messerle

Expresses support of policy that decisions be made at lowest possible level and asks about policies to guide the staff decision-makers.

420

Hallock

Comments on administrative style.

Tape 22, A

030

Chair Messerle

Asks for information about reprimand policies if staff are not performing to expectations.

035

Hallock

Describes policies in place.

045

Sen. Fisher

Expresses concern about staff with conflicts of interest making decisions and describes specific case in his district.

106

Hallock

Describes policy.

130

Sen. Deckert

Asks about the recent bunker spill and expense to taxpayers for cleanup.

140

Hallock

Describes responsibilities.

150

Sen. Deckert

Inquires about status of Columbia River dredging and Willamette River cleanup and asks what communities need to do to help Willamette Basin cleanup efforts.

175

Hallock

Describes present and future efforts.

245

Deckert

Describes difficulty in quantifying temperature loads for rivers and expresses agreement that urban areas must contribute to cleanup efforts.

260

Hallock

Acknowledges.

265

Chair Messerle

Raises issue of compliance and asks about Department efforts to assist landowners to comply with regulations.

303

Hallock

Describes regulatory and enforcement process.

380

Chair Messerle

Expresses concern of on-site installers of septic systems that systems will not work.

400

Hallock

Responds.

422

Chair Messerle

Recommends that agency approach largest problems first.

440

Chair Messerle

Welcomes class from Oregon State University studying politics of salmon.

450

Sen. Fisher

Comments about difficulty obtaining adequate review of DEQ actions.

Tape 21, B

040

Chair Messerle

Comments that committee needs information about the most efficient way to get compliance.

055

Sen. Atkinson

Asks how DEQ as a regulatory agency sees the role of the legislature.

060

Hallock

Describes agency accountability.

070

Sen. Atkinson

Expresses concern that agency would evade responsibility during the interim by waiting for term limits to remove legislators who are critical.

075

Hallock

Responds.

080

Sen. Atkinson

Asks whether approval of cleanup plans drafted at landowner expense could be jeopardized by using consultants not familiar to DEQ.

085

 

Discussion about how agency could mediate a situation which is not being handled to a landowner’s satisfaction, including using orphan site moneys for cleanup in the French’s Glen area.

175

Sen. Atkinson

Expresses concern about how Remedial Action Order program has affected small businesses.

208

Hallock

Describes agency approach.

220

Sen. Atkinson

Asks what happens if the responsible party is unable to pay.

230

Hallock

Responds.

240

Sen. Atkinson

Asks about liens on property, and other options.

245

Hallock

Explains.


 

260

Vice-Chair Shields

Asks about overall agency strategy about protecting Oregon’s water and air.

280

Hallock

Describes.

375

Vice-Chair Shields

Asks about progress on green permits.

380

Hallock

Reports.

395

Sen. Deckert

Suggests outcome-based policy instead of regulatory behavior.

Tape 22, B

010

Hallock

Describes investigation.

015

Sen. Fisher

Discussion regarding test wells on private property.

018

Hallock

Responds.

060

Chair Messerle

Ends informational meeting at 9:33 a.m.  Adjourns meeting at 9:33 a.m.

 

Submitted By,                        Reviewed By,

 

 

 

Patricia Nielsen,                        Judith Callens,

Committee Assistant                        Committee Administrator

 

EXHIBIT SUMMARY

 

A – SB 328, written testimony, Lisa Zavala, Oregon State University, 1 p

B – SB 328, written testimony, Steve Purchase, Division of State Lands, 2 pp

C – SB 328, written testimony, Jock Mills, Oregon State University, 1 p

D – Letter from Jim Welsh, Oregon Family Farm Association, 1 p

E – Written testimony, Stephanie Hallock, DEQ, 3 pp