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, 3rd 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 3rd 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