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