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.

 

 

 

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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