SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

March 12, 2001 Hearing Room B

8:00 AM Tapes 57 - 58

MEMBERS PRESENT: Sen. Ken Messerle, Chair

Sen. Frank Shields, Vice-Chair

Sen. Bill Fisher

Sen. Jason Atkinson

Sen. Roger Beyer

Sen. Ryan Deckert

MEMBER EXCUSED:

Sen. Ginny Burdick

STAFF PRESENT: Judith Callens, Committee Administrator

Patricia Nielsen, Committee Assistant

MEASURE/ISSUES HEARD: SB 703 – Public Hearing

SB 892 – Public Hearing

HB 2604 – Public Hearing and Work Session

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 57, A
005	Chair Messerle	Opens meeting at 8:05 a.m.
SB 703 – PUBLIC HEARING
010	Judith Callens	Committee Administrator. Presents bill and dash-1 amendments.
050	Dugan Petty	Deputy Administrator, Transportation Purchasing and Print Services Division, Department of Administrative Services (DAS). Testifies in opposition to bill in its current form. Provides written testimony (EXHIBIT A).
110	Chair Messerle	Asks if he has a preference which agency should recognize and document a site as habitat of endangered species.
115	Petty	Responds.
116	David Powell	City attorney for Lake Oswego, League of Oregon Cities (LOC). Testifies in opposition to bill in its current form, and submits written testimony (EXHIBIT B).
145	Vice-chair Shields	Asks about recycling oil preference.
150	Powell	Explains and continues.
215	Chair Messerle	Advises the proponents to return with amended language.
220	Vice-chair Shields	Describes origin of bill.
225	Jessica Harris	Associated General Contractors. Testifies in opposition, and submits written testimony (EXHIBIT C).
245	Sen. Fisher	Ask whether there is a requirement to get fill done by certain date in the described mines.
250	Petty	Answers.
252	Sen. Fisher	Asks about mine contract requirements and fill location requirements.
275	Petty	Responds.
320	Leonard Bergstein	Ross Island Sand and Gravel/Northwest Strategies. Testifies in favor of bill.
340	Jim Rue	Environmental Affairs, Ross Island Sand and Gravel. Testifies in favor, and submits written testimony (EXHIBIT D).
425	Richard Cantlin	Attorney for Ross Island Sand and Gravel. Discusses proposed amendment, to be submitted to the committee.
TAPE 58, A
010	Sen. R. Beyer	Asks about requirements for mine reclamation.
015	Rue	Responds.
018	Sen. R. Beyer	Asks about advantage of not having to pay for fill material.
020	Rue	Explains.
030	Sen. R. Beyer	Comments about need for fill affecting bidding process for city building projects.
040	Bergstein	Describes.
050	Sen. Fisher	Asks about time frame for filling the Ross Island mine.
055	Rue	Elaborates.
065	Sen. Fisher	Asks about hauling fill.
070	Richard Cantlin	Describes.
080	Sen. Fisher	Comments about increased cost of public projects.
085	Rue	Responds.
095	Sen. Fisher	Expresses concern that the process could be manipulated. Asks about the flexibility of the 25-year arrangement.
115	Cantlin	Explains.
130	Bergstein	Responds further.
145	Sen. Fisher	Expresses concern about any cost increase to the private sector but not to government projects.
170	Chair Messerle	Advises he will hold the bill until consensus is reached by the interested parties.
175	Sen. Deckert	Asks about the cost of disposal as part of a contract or project.
180	Cantlin	Describes.
185	Vice-chair Shields	Asks about cost of disposal on the light rail project.
190	Cantlin	Answers.
195	Vice-chair Shields	Describes his experience in touring the Ross Island mine. Asks about the 5% incentive figure.
220	Bergstein	Explains.
240	Vice-chair Shields	Asks about the size of the hole at Ross Island.
250	Rue	Responds.
270	Cantlin	Responds further.
290	Vice-chair Shields	Offers to meet with the parties.
295	Chair Messerle	Closes public hearing on SB 703. Opens public hearing SB 872.
SB 872 – PUBLIC HEARING
300	Chair Messerle	Closes public hearing on SB 872. Opens public hearing on HB 2604.
HB 2604A - PUBLIC HEARING
310	Callens	Presents bill.
325	Chuck Craig	Deputy Director, Oregon Department of Agriculture (ODA). Testifies in support and submits written testimony (EXHIBIT E).
365	Doug Tindall	Maintenance Engineer, Oregon Department of Transportation. Testifies in support of bill.
380	Sen. Fisher	Asks about licensing for private individuals.
385	Chris Kirby	ODA. Responds.
400	Sen. Fisher	Asks about differences in the bill.
405	Kirby	Describes.
410	Sen. Fisher	Asks if pesticide application would be done without a license.
415	Kirby	Responds.
420	Sen. Fisher	Comments on difference between treatment of private individuals and governments.
425	Tindall	Explains employee licensing.
TAPE 57, B
040	Chair Messerle	Asks about agricultural application.
045	Kirby	Discusses.
050	Chair Messerle	Comments that the agricultural community had opportunity for input when the bill was before the house committee.
055	Sen. R. Beyer	Asks for clarification of situations covered by the bill.
065	Kirby	Responds.
070	Sen. R. Beyer	Expresses same concern as Sen. Fisher.
075	Rep. Bob Jenson	Testifies in favor. Describes the background of bill, and the experience in the House.
115	Chair Messerle	Asks whether Oregonians for Food and Shelter testified before the House Committee.
120	Rep. Jenson	Responds.
122	Craig	Responds to Sen. Fisher’s concerns.
130	Chair Messerle	Asks about amending the bill.
140	Craig	Responds.
150	Sen. R. Beyer	Asks about commercial operator’s license.
155	Rep. Jenson	Explains.
160	Kirby	Describes licenses.
170	Sen. R. Beyer	Asks about difference between private and public applicator’s license.
175	Kirby	Responds.
178	Sen. Deckert	Asks about licensing differences.
180	Kirby	Explains.
190	Sen. R. Beyer	Asks if public license is similar to commercial.
195	Kirby	Responds.
200	Sen. R. Beyer	Asks about current law requirements.
205	Kirby	Confirms.
210	Sen. Fisher	Asks if a private party with a commercial license can go on another’s land to apply.
215	Kirby	Explains.
230	Sen. Fisher	Expresses concern that government need not obtain the same license as a private individual.
235	Kirby	Responds.
260	Chair Messerle	Clarifies and comments the regulations try to protect farmers from third-party lawsuits.
274	Chair Messerle	Closes public hearing on HB 2604A. Opens work session on HB 2604A.
HB 2604A – WORK SESSION
275	Sen. Atkinson	MOTION: Moves HB 2604A to the floor with a DO PASS recommendation.
280		VOTE: 6-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Sen. Burdick.
290	Chair Messerle	The motion CARRIES. SEN. ATKINSON will lead discussion on the floor.
312	Chair Messerle	Closes the work session on HB 2604A. Opens public hearing on SB 892.
SB 892 – PUBLIC HEARING
315	Callens	Presents bill.
325	Craig	Confirms the bill was requested by the Oregon Association of Conservation Districts. Testifies in favor.
335	Sen. Fisher	Asks about fiscal impact.
340	Callens	Explains.
345	John Killin	Special Districts Association. Testifies regarding fiscal impact.
370	Francis X. Rosica	American Farmland Trust. Testifies in favor of bill.
403	Chair Messerle	Asks about purchase of conservation easements.
405	Rosica	Answers.
410	Chair Messerle	Expresses concern about converting farmland permanently with an easement.
430	Rosica	Responds.
TAPE 58, B
015	Glen Stonebrink	Oregon Cattlemen’s Association. Testifies as neutral. Raises question about fiscal impact.
070	Chair Messerle	Asks who is responsible for maintaining or restoring the land if there are restrictions to maintain an easement, and flood disrupts or destroys the features of the easement.
080	Stonebrink	Explains.
095	Chair Messerle	Asks about animal damage and third-party complaints.
105	Stonebrink	Elaborates.
110	Rosica	Responds further.
130	Pete Test	Oregon Farm Bureau. Testifies in support SB 892.
160	Chair Messerle	Asks about length of easement contracts.
165	Test	Responds.
175	Chair Messerle	Comments it is preferable not to have permanent easements because it may be necessary to put some land back into production.
185	Test	Affirms.
195	Chair Messerle	Comments that OWEB is helping purchase land in Willamette valley.
200	Test	Responds.
210	Jim Welsh	Oregon Family Farm Association. Testifies and raises concerns.
245	Chair Messerle	Closes public hearing on SB 892.
245	Chair Messerle	Adjourns committee meeting at 9:45 a.m.

Submitted By, Reviewed By,

Patricia Nielsen, Judith Callens,

Committee Assistant Committee Administrator

EXHIBIT SUMMARY

A – SB 703, written testimony, Dugan Petty, Department of Administrative Services. 2 pp

B – SB 703, written testimony, David Powell, League of Oregon Cities, 3 pp

C - SB 703, written testimony, Jessica Harris, Associated General Contractors, 1 p

D - SB 703, written testimony, Jim Rue, Ross Island Sand & Gravel, 2 pp

E – HB 2604A, written testimony, Charles Craig, Department of Agriculture, 1 p

F – HB 2604A, written testimony, Doug Tindall, Department of Transportation, 1 p