SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

February 28, 2001 Hearing Room B

8:00 AM Tapes 44 - 47

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

VISITING MEMBER PRESENT:

Rep. Greg Smith

STAFF PRESENT: Judith Callens, Committee Administrator

Patricia Nielsen, Committee Assistant

MEASURE/ISSUES HEARD: SB 51 – Public Hearing

SB 52 – Public Hearing

SB 53 – Public Hearing

SB 54 – Public Hearing

SB 55 – Public Hearing

SB 56 – Public Hearing

SB 57 – Public Hearing

SB 206 – Public Hearing

SB 207 – Public Hearing

SB 208 – Public Hearing

SB 224 – Public Hearing

SB 225 – Public Hearing

SB 226 – 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 44, A
005	Chair Messerle	Opens meeting at 8:08 a.m.
SB 51, SB 52, SB 53, SB 54, SB 55, SB 56, SB 57, SB 206, SB 207, SB 208, SB 224, SB 225, SB 226 – PUBLIC HEARING
010	Chair Messerle	Announces the meeting will continue this afternoon at 3:00 p.m. if needed.
030	John Hays	President, Oregon Cattlemen’s Association. Testifies as neutral on SB 208. Testifies in favor of all other bills.
050	Rep. G. Smith	Dist 59. Testifies in favor of bills. Offers amendments to SB 51, SB 52, and SB 207.
115	Chair Messerle	Asks about bills developing in the House and whether the bills should be combined.
135	Phil Ward	Director, Department of Agriculture. Gives synopsis of the history of the issue. Refers to submitted material (EXHIBIT A).
200	Ward	Continues and refers to submitted materials.
305	Ward	Continues and refers to submitted materials.
390	Chair Messerle	Asks for clarification of authority for point source and non point source polluters.
400	Ward	Explains.
Tape 45, A
010	Chair Messerle	Observes it is important to work through the process because of what is happening with EPA on animal feeding operations. Asks for history of where the process stands.
015	Chuck Craig	Deputy Director, Department of Agriculture. Responds and elaborates.
040	Chair Messerle	Comments that the Senate leadership has met with EPA and conveyed Oregon’s intent to work with EPA to solve issues, especially with regard to western areas with heavier rainfall and lowlands.
060	Ward	Responds. Issue of CAFO and AFO demonstrates EPA’s willingness to become involved if they think we are not doing enough.
065	Sen. Fisher	Asks how Oregon is trying to meet EPA standards.
070	Richard Whitman	Oregon Department of Justice. Responds.
090	Sen. Fisher	Asks for clarification about memorandum of agreement.
103	Whitman	Clarifies.
115	Sen. Fisher	Inquires about the basis of the lawsuit.
120	Whitman	Explains.
125	Sen. Fisher	Asks about the amount of penalties.
128	Whitman	Responds.
135	Sen. Fisher	Expresses concern about the enforcing authority’s knowledge.
140	Ward	Responds.
160	Sen. R. Beyer	Asks whether the court case involves grazing.
165	Whitman	Explains.
170	Sen. R. Beyer	Asks for explanation of the lawsuit.
175	Whitman	Describes.
185	Sen. R. Beyer	Inquires who filed against the state and EPA.
190	Whitman	Responds.
210	Sen. R. Beyer	Asks whether the case involves temperature standards.
215	Whitman	Answers.
220	Chair Messerle	Expresses concern about third-party lawsuits. Urges use of language in rules and statutes which is responsive but doesn’t invite lawsuits.
225	Sen. Fisher	Asks where to find out what specific requirements are.
245	Ward	Responds.
265	Sen. Fisher	Asks whether Oregon is more restrictive to landowners and stream-bank owners than other surrounding states.
280	Ward	Explains.
295	Chair Messerle	Inquires whether Washington state has also reached agreement with EPA which goes beyond what Oregon has.
300	Ward	Agrees.
305	Rep Jan Lee	Inquires whether tribes have gained authority under federal law which is the same as Oregon’s authority under the Clean Water Act. Asks what effect these authorities would have on SB 1010 and clean water plans.
310	Whitman	Responds.
330	Chair Messerle	Enters written material into the record (EXHIBITS B, C).
355	Tom McCoy	Oregon Wheat Growers League. Testifies in support of SB 206, 207, 208. Testifies in support of SB 224 if amended. Neutral on SB 51, 52, 53, 54, 55, 56, 225 and 226. Testifies in opposition to SB 57.
430	Tom Ursry	Testifies in support of SB 51-57. Testifies in support of SB 206-208 with amendments by the Oregon Cattlemen’s Association. Submits written materials (EXHIBITS D, E, F and G).
Tape 44, B
040	John McDonald	Oregon Association of Conservation Districts (OACD). Testifies as neutral on SB 51. Testifies in opposition to SB 52, SB 53, SB 54, SB 55, SB 56 and SB 57. Testifies in favor of SB 206, SB 207, SB 208, SB 224, SB 225 and SB 226.
175	Chair Messerle	Asks about OACD memberships.
180	McDonald	Responds.
185	Sen. Fisher	Asks about how to regulate stream temperature as a violation of water quality.
200	Chair Messerle	Describes other bills which deal with that issue.
210	Sen. Deckert	Asks why McDonald’s experience under SB 1010 has been different from that of other witnesses.
215	McDonald	Explains.
260	Sen. Deckert	Inquires whether it is possible to stave off third-party lawsuits.
265	McDonald	Responds.
275	Sharon Livingston	Rancher, John Day Basin. Testifies in favor of SB 51, 52, 53, 54, 55, 56 and 57.
345	Pat Larson	LaGrande, Co-chair of Water Committee, and Natural Resource and Science Advisor, Oregon Cattlemen’s Association. Testifies in support of SB 51, 52, 53, 54, 55, 56 and 57. Submits written testimony and other letters (EXHIBITS H, I, J, K). Proposes amendments to SB 51 through 57. Testifies in support of SB 206, SB 207 and SB 208 with amendments.
453	Sharon Beck	Rancher. Immediate Past President, Chair of Legislative Committee, Oregon Cattlemen’s Association. Testifies in favor of SB 51, 52, 53, 54, 55, 56 and 57 with proposed amendments.
Tape 45, B
040	Sen. Atkinson	Asks Livingston about DEQ determination regarding pollution in her area.
050	Livingston	Responds.
055	Sen. Atkinson	Inquires who has the burden of proof to find where the pollution lies.
060	Livingston	Explains.
061	Chair Messerle	Comments it was determined by DEQ.
062	Sen. Atkinson	Asks who carried the financial burden of proof for locating the point source.
065	Livingston	Responds.
070	Sen. Fisher	Comments on burden of proof.
075	David Alsup	Oregon Family Farm Association member. Testifies in support of SB 51, 52, 53, 54, 55, 56, 206, SB 207. Testifies in opposition to SB 225. Submits written testimony (EXHIBIT L).
170	James Mast	Oregon Family Farm Association member. Testifies in favor of SB 51, 52, 53, 54, 55, 56, 57. Testifies in opposition to SB 206, 207, 208, 224, 225, 226. Submits written testimony (EXHIBIT N).
290	Dion Mast	Testifies in favor of SB 51, 52, 53, 54, 55, 56 and 57.
334	R. L. Clack	Testifies in favor of SB 51, 52, 53, 54, 55, 56 and 57. Testifies in opposition to SB 206, 224, 225, 226. Testifies as neutral on SB 207, 208.
360	Calvin Clack	Testifies in favor of SB 51, 52, 53, 54, 55, 56 and 57. Testifies in opposition to SB 206, 224, 225, 226. Testifies as neutral on SB 207, 208.
430	Nick Botner	Testifies in favor of SB 51, 52, 53, 54, 55, 56 and 57.
Tape 46, A
060	Chair Messerle	Recesses the meeting at 10:03 a.m. Advises he will reconvene the meeting at 3:00 p.m.
*******	***************	*********************************************************
065/005	Chair Messerle	Reconvenes meeting at 3:09 p.m. as subcommittee. (Tape counter reset.) Continues public hearing on SB 51, SB 52, SB 53, SB 54, SB 55, SB 56, SB 57, SB 206, SB 207, SB 208, SB 224, SB 225 and SB 226.
010	Scott Ashcom	Oregon Association of Nurserymen. Testifies in favor of SB 206, 207, 208, 224, 225, 226. Testifies in opposition to SB 51, 52, 53, 54, 55, 56, 57. Submits written material (EXHIBIT O).

095	Chair Messerle	Asks about nurseries which have drain pipes but are not being considered as point sources, and whether an animal feeding operation (AFO) could also qualify.
105	Ashcom	Explains.
140	Chair Messerle	Describes system of lagoons or wetlands where water can be recycled.
150	Ashcom	Elaborates.
175	Dave Nelson	Oregon Seed Council, Oregon Dairy Farmers Association. Testifies in favor of SB 206, 207, 208. Testifies in opposition to SB 51, 52, 53, 54, 55, 56, 57.
205	Kevin Campbell	OACD. Testifies in agreement with John McDonald, who spoke earlier.
255	Chair Messerle	Comments that the plan is meant to provide coverage for good operators. It should be of assistance if done properly. Asks how local advisory committees (LAC) fit within Soil and Water Conservation District (SWCD) responsibility of administering 1010 plans.
270	Campbell	Describes.
290	Chair Messerle	Expresses interest in evaluating the role of SWDs.
295	Terry Witt	Executive Director, Oregonians for food and shelter. Testifies regarding history of SB 1010.
Tape 47, A
025	Witt	Continues. Testifies in support of SB 206, 207, 208, 224, 225 and 226. Testifies in opposition to SB 51, 52, 53, 54, 55, 56 and 57.
095	Pete Test	Oregon Farm Bureau. Testifies in support of SB 206, 207, 208, 224, 225 and 226. Testifies in support of 54 if amended. Testifies in opposition to SB 51, 52, 53, 54, 55, 56 and 57 as written. Provides written testimony (EXHIBIT P).
230	Chair Messerle	Gavels in full committee at 3:49 p.m.
235	Test	Continues.
275	Test	Continues testimony on SB 224, 225 and 226.
300	Chair Messerle	Asks for clarification on the challenge to Natural Resources Conservation Service (NRCS) on the privacy of their plans.
305	Test	Responds.
325	Chair Messerle	Inquires whether privacy provision can be written so it holds up in courts.
330	Test	Replies.
340	Chair Messerle	Asks if the SB 1010 plans are voluntary.
342	Test	Explains.
370	Chair Messerle	Comments that the legislature must develop language to ensure privacy and to encourage participation.
380	Test	Responds.
400	Sen. Burdick	Asks why confidentiality is so important to landowners.
405	Test	Explains.
Tape 46, B
035	Jim Welsh	Oregon Family Farm Association. Testifies in support of SB 51, 52, 53, 54, 55, 56, 57 and 206. Testifies in opposition to SB 208, 224, 225 and 226. Submits written testimony (EXHIBIT Q).
175	Welsh	Continues.
295	Chair Messerle	Asks whether Mr. Welsh has met with the Governor’s staff.
310	Welsh	Responds.
315	Sen. Deckert.	Asks about alternatives to SB 1010.
325	Welsh	Explains.
369	Chair Messerle	Comments about balance of protecting individual landowners and still having adequate regulation.
385	Chair Messerle	Enters letter from Dr. Douglas Whitsett into record (EXHIBIT R).
395	Brad Harper	Water for life. Testifies in favor of all bills before the committee, and expresses willingness to work on revisions. Expresses specific concerns.
Tape 47, B
030	Harper	Continues.
055	Craig	Testifies in response to other testimony.
090	Chair Messerle	Asks whether SB 1010 was to apply to all agricultural purposes.
095	Craig	Responds and continues.
180	Burdick	Describes exemptions in public records law for voluntarily compiled information.
189	Craig	Elaborates.
195	Chair Messerle	Asks about confidentiality of different types of plans.
200	Craig	Explains.
225	Glen Stonebrink	Oregon Cattlemen’s Association. Testifies regarding background of SB 1010.
265	Chair Messerle	Asks about Oregon Cattlemen’s position and goals.
275	Stonebrink	Responds and explains.
310	Chair Messerle	Asks about amounts of fines per day.
315	Craig	Explains.
330	Chair Messerle	Closes public hearing. Adjourns committee meeting at 4:50 p.m.

Submitted By, Reviewed By,

Patricia Nielsen, Judith Callens,

Committee Assistant Committee Administrator

EXHIBIT SUMMARY

A –Written testimony, Phil Ward, Oregon Department of Agriculture, 3 pp

B – Written testimony, Bill & Christy Scheufele, 2 pp

C – Written testimony, LaVelle Holmes, 3 p

D – Written testimony, Michael J. Winters, Douglas County Board of Commissioners, 3 pp

E – Written testimony, Keith Tymchuk, Port of Umpqua Board of Commissioners, 1 p

F – Written testimony, Thomas E. Hedgepeth, City of Reedsport, 1 p

G – Proposal and Petition, Smith River Watershed Management Plan, Tom Ursry, 2 pp

H – Written testimony, Peggy S. Browne, 1 p

I – Written Testimony, Pat Larson and Susie Hammond, Oregon Cattlemen’s Association, 7 pp

J – Written testimony, Pat Larson and Sharon Beck, 3 pp

K – Written testimony, Curtis and Cheryl Martin, 1 p

L – Written testimony, David Alsup, 2 pp

M – Written testimony, Marilyn s. Kittelman, 1 p

N – Written testimony, James Mast, 4 pp

O – Written testimony, Scott Ashcom, Oregon Association of Nurserymen, Inc., 1 p

P – Written testimony, Pete Test, Oregon Farm Bureau, 11 pp

Q – Written testimony, Jim Welsh, Oregon Family Farm Association, 2 pp

R – Written testimony, Dr. Douglas Whitsett, DVM, 3 pp