SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

February 19, 2001 Hearing Room B

8:00 AM Tapes 35 - 36

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

MEMBER EXCUSED:

STAFF PRESENT: Judith Callens, Committee Administrator

Patricia Nielsen, Committee Assistant

MEASURE/ISSUES HEARD: SB 433 Public Hearing

HB 2154 Public Hearing and Work Session

HB 2457 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 35, A
005	Chair Messerle	Opens meeting at 8:04 a.m.
SB 433 – PUBLIC HEARING
015	Roy Hemmingway	Governor’s Salmon and Energy Policy Advisor. Testifies in favor of bill.
085	Chair Messerle	Comments that bill does not limit the Oregon Watershed Enhancement Board (OWEB) to Bonneville Power Administration (BPA) funds but says all federal funds.
090	Hemmingway	Responds.
100	Chair Messerle	Asks if these are federal funds for local agencies or governments, or only those that go to state agencies.
105	Hemmingway	Explains.
110	Chair Messerle	Asks if bill would apply to grants received by Metro or the Port of Portland from BPA.
112	Hemmingway	Responds.
115	Sen. Fisher	Asks whether amendments to that effect are on the way.
118	Hemmingway	Offers to prepare amendments.
120	Chair Messerle	Asks about amendments to stagger appointment terms of OWEB members.
122	Hemmingway	Responds.
125	Sen. Fisher	Asks about statements of expense or revenue for the transfer of responsibilities from the Governor.
135	Hemmingway	Explains funding.
140	Sen. Fisher	Asks about reduction in the Governor’s expenses resulting from the change.
155	Hemmingway	Responds.
160	Chair Messerle	Asks what authority the bill gives the Governor’s office that he doesn’t already have.
170	Hemmingway	Elaborates.
205	Chair Messerle	Observes the bill seems to put high priority on habitat and watersheds. Considering the current energy crises, asks if this is a proper “highest priority” where other issues are equally important but not in statute.
220	Hemmingway	Explains.
270	Sen. Atkinson	Asks what we are trying to do in establishing regional interagency teams.
280	Hemmingway	Responds.
295	Sen. Atkinson	Points out apparent lack of awareness by legislature of who the regional team members are. Suggests improved level of explaining interaction between local groups and interagency teams. Raises a concern about OWEB communicating with the federal government, and wonders whether legislators in surrounding areas should be copied with those communications. Finally, asks who is the final decision-maker.
340	Hemmingway	Answers.
370	Sen. Atkinson	Suggests adding language about keeping legislators informed.
380	Chair Messerle	Recalls that interim committee expressed concern that there is no strong spokesperson to federal agencies, and comments that the bill puts OWEB in that position. Expresses concern that it should not be an agency, but should come from the Governor’s office. In the absence of that, local groups now deal with federal agencies separately.
410	Hemmingway	Describes intent.
460	Chair Messerle	Asks about including the Environmental Protection Agency (EPA) on agricultural issues.
Tape 36, A
30	Hemmingway	Responds.
35	Chair Messerle	Asks for clarification on the function of the Willamette Restoration Initiative (WRI) in relationship to other regional organizations under the bill.
40	Hemmingway	Explains.
60	Chair Messerle	Asks whether agencies can create advisory groups for particular issues.
65	Hemmingway	Responds.
70	Sen. Fisher	Asks how many more interagency regional teams will be needed, to cover the 18 river basins.
75	Hemmingway	Explains.
80	Chair Messerle	Comments that the bill goes beyond current Oregon Salmon plan issues. Some agencies are over-regulating, which deters cooperation. Also, Oregon must effectively communicate with the federal agencies and get them to approve our efforts. Expresses concern that the bill may be going too far and encourages further discussion.
90	Hemmingway	Responds.
105	Rick Bastasch	Executive Director, Willamette Restoration Initiative (WRI). Expresses support for strong Oregon Plan, but today testifies only on section 8. Submits written testimony (EXHIBIT A).
160	Chair Messerle	Asks about language in the executive order requiring agencies to report and to coordinate activities.
170	Bastasch	Explains.
180	Chair Messerle	Asks how WRI receives its funds and what WRI is requesting from the general fund this year.
185	Bastasch	Elaborates.
200	Chair Messerle	Asks whether half a million dollars is justified.
205	Bastasch	Responds.
220	Chair Messerle	Inquires whether WRI expects any funding from federal agencies or from the strategic reserve fund.
225	Bastasch	Answers.
240	Chair Messerle	Asks why federal grants are not continuing.
245	Bastasch	Explains.
260	Sen. Deckert	Inquires about an alternative and asks what federal models are available for applying the Endangered Species Act (ESA).
270	Bastasch	Responds.
290	Sen. Deckert	Asks for example of inconsistent application or problematic results of relying on federal government rather than on collaborative local effort.
300	Bastasch	Describes.
340	Chair Messerle	Asks why WRI has not reviewed the bill in its entirety even though it was pre-session filed.
350	Bastasch	Explains.
370	Tom Imeson	Representing Oregon Business Counsel, and Coalition for Salmon and Watershed Health (including Oregon Business Council, Oregon Trout, Defenders of Wildlife, Oregon Forest Industries Council, and Nature Conservancy). Testifies in support of the bill, though some provisions may need to be clarified or revised.
430	Chair Messerle	Asks witness to elaborate on the role of Oregon and how the state relates to federal agencies.
440	Imeson	Responds.
Tape 35, B
020	Sen. Fisher	Asks whether the state will provide stronger leadership than local groups.
030	Imeson	Explains.
050	Ray Wilkeson	Oregon Forest Industries Council (OFIC). Submits written testimony (EXHIBIT B). Testifies in favor of the intent of SB 433, though language needs work.
130	Chair Messerle	Inquires about two areas. First, 3^rd party lawsuits, which are a threat to small landowners. Second, National Marine Fisheries Service (NMFS) enforcement capacity has increased and Environmental Protection Agency (EPA) has levied some heavy fines. Observes there is a need to work through issues and cooperate.
155	Wilkeson	Acknowledges and responds.
175	Willie Tiffany	League of Oregon Cities. Submits written testimony (EXHIBIT C). Testifies as neutral on bill, but expresses concerns about section 4.
199	Glen Stonebrink	Oregon Cattlemen’s Association. Testifies in favor of the theme of the bill but expresses concern about bill language.
340	Sen. Fisher	Asks about the statement that watershed enhancement boards have been highly effective or successful.
350	Stonebrink	Answers.
355	Chair Messerle	Recalls Roy Hemmingway and asks why bill language does not include the Department of Administrative Services (DAS) or the Soil and Water Conservation Districts.
370	Hemmingway	Describes intent.
390	Chair Messerle	Asks who would approve activities by local governments or state agencies under section 4.
400	Hemmingway	Responds.
438	Chair Messerle	Inquires whether section 4 is a recommendation only.
010	Hemmingway	Explains.
Tape 36, B
020	Chair Messerle	Expresses interest in language requiring that watershed associations be sponsored and appointed by an elected body such as a port district or a soil and water district, and asks whether the governor’s office has considered that issue.
030	Hemmingway	Defers question to Neil Conan, Governor’s watershed advisor.
040	Chair Messerle	Asks to have Mr. Conan contact him.
050	Sen. Deckert	Asks how much flexibility the state has in staving off 3^rd party lawsuits for enforcement of the ESA.
050	Hemmingway	Responds.
055	Sen. Deckert	Inquires about non-point source lawsuits.
060	Hemmingway	Defers this Clean Water Act (CWA) issue to another expert.
065	Chair Messerle	Closes public hearing on SB 433. Opens public hearing on HB 2154.
HB 2154 – PUBLIC HEARING
070	Judith Callens	Committee Administrator. Presents bill.
090	Chuck Craig	Deputy Director, Oregon Department of Agriculture (ODA). Testifies in favor. Refers to submitted written testimony (EXHIBIT D).
120	Chair Messerle	Asks whether there is any opposition to the bill.
125	Craig	Reponds.
126	Dave Nelson	Executive Director, Oregon Seed Council. Testifies in support on behalf of seed industry, which adds money to research the issues.
140	Frank Hamel	Representing himself. Testifies in support.
210	Chair Messerle	Closes public hearing on HB 2154. Opens work session on HB 2154.
HB 2154 – WORK SESSION
220	Sen. Atkinson	MOTION: Moves HB 2154 to the floor with a DO PASS recommendation.
222		VOTE: 6-0 AYE: In a roll call vote, all members present vote Aye. A motion is made later in the meeting to allow Vice-chair Shields to cast his AYE vote. EXCUSED: 1 – Burdick
	Chair Messerle	The motion CARRIES. SEN. R. BEYER will lead discussion on the floor.
225	Chair Messerle	Close work session on HB 2154. Opens public hearing on HB 2457.
HB 2457 – PUBLIC HEARING
230	Callens	Presents bill.
240	Terry Thompson	Testifies in favor of bill.
250	Jim Neifert	Oregon Parks and Recreation. Testifies in favor of bill. Submits written testimony (EXHIBITS E) and informational brochure (EXHIBIT F).
310	Sen. Atkinson	Asks about photos in the brochure.
320	Neifert	Responds.
340	Sen. Fisher	Asks what periodically means in section 2.
345	Thompson	Answers.
355	Sen. Fisher	Suggests it should be spelled out.
360	Thompson	Acknowledges.
370	Chair Messerle	Suggests asking Ways and Means to put it in as a separate budget note.
375	Sen. Fisher	Comments it would be better to deal with it once with amendment.
380	Chair Messerle	Asks staff to prepare amendment.
385	Chair Messerle	Closes public hearing on HB 2457. Reopens work session on HB 2154.

HB 2154 – WORK SESSION
386	Sen. Deckert	MOTION: Requests unanimous consent that the rules be SUSPENDED to allow VICE-CHAIR SHIELDS to BE RECORDED as voting AYE on Sen. Atkinson’s MOTION: Moves HB 2154 to the floor with a DO PASS recommendation.
387		VOTE: 6-0. EXCUSED: 1 – Burdick
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
390	Vice-chair Shields	Casts his AYE vote on prior motion.
391	Chair Messerle	Closes work session on HB 2154. Adjourns meeting at 9:55 a.m.

Submitted By, Reviewed By,

Patricia Nielsen, Judith Callens,

Committee Assistant Committee Administrator

EXHIBIT SUMMARY

A – SB 433, written testimony, Rich Bastasch, 1 p

B – SB 433, written testimony, Ray Wilkeson, 2 pp

C – SB 433, written testimony, Willie Tiffony, 1 p

D – HB 2154, written testimony, Charles Craig, 1 p

E – HB 2457, written testimony, Jim Neifert, 3 pp

F – HB 2457, brochure, Jim Neifert, 6 pp