SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

March 14, 2001 Hearing Room B

8:00 AM Tapes 59 - 60

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

STAFF PRESENT: Judith Callens, Committee Administrator

Patricia Nielsen, Committee Assistant

MEASURE/ISSUES HEARD: HB 2604 – Work Session

SB 319 – Public Hearing

SB 710 – Public Hearing

SB 31 –Work Session

HJM 4 – Public Hearing and Work Session

HB 2455 – 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 59, A
005	Chair Messerle	Opens meeting at 8:04 a.m. Opens work session on HB 2604.
HB 2604 - WORK SESSION
010	Sen. Atkinson	MOTION: Moves to SUSPEND the rules for the purpose of reconsidering the DO-PASS recommendation on HB 2604.
010		VOTE: 5-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Vice-chair Shields, Sen. Burdick.
	Chair Messerle	The motion CARRIES.
015	Sen. Atkinson	MOTION: Moves to RECONSIDER the vote by which Sen. Atkinson moved HB 2604 to the floor with a DO-PASS recommendation.
015		VOTE: 5-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Vice-chair Shields, Sen. Burdick.
020	Chair Messerle	The motion CARRIES.
025	Chair Messerle	Opens public hearing on SB 319.
SB 319 – PUBLIC HEARING
035	Judith Callens	Committee Administrator. Presents bill, dash–1 amendments, and dash-2 amendments.
055	Dick Bailey	Administrator, Water Rights and Adjudication Division, Water Resources Department. Chair, Hydroelectric Task Force. Testifies in favor of bill and dash-1 amendments. Submits written testimony and booklet (EXHIBITS A, B).
110	Sen. Fisher	Asks about decommissioning projects.
115	Bailey	Responds.
130	Julie Keil	Manager of Hydroelectric Licensing, Portland General Electric. Member of Hydroelectric Task Force. Testifies in support of bill and dash-1 amendments.
135	Glen Stonebrink	Testifies and raises concern about putting legislature in the decision-making process.
150	Chair Messerle	Comments about possible conflict.
155	Bailey	Confirms.
160	Chair Messerle	Closes public hearing on SB 319. Opens public hearing on SB 710.
SB 710 – PUBLIC HEARING
165	Callens	Presents bill and dash-1 amendments.
185	Pete Test	Oregon Farm Bureau Federation. Testifies in favor of bill and dash-1 amendments. Submits written testimony (EXHIBIT C).
230	Chair Messerle	Asks about issue with processing plant in Medford wanting to use water and irrigate back onto agricultural land.
235	Test	Responds.
240	Chair Messerle	Asks about amending this bill.
245	Test	Answers.
250	Tom Byler	Water Resources Department (WRD). Testifies in favor of bill and –1 amendments.
285	Willie Tiffany	League of Oregon cities. Testifies in support of bill and dash-1 amendments.
290	Sen. Deckert	Asks why the Water Resources director should appoint the work group instead of the Governor.
295	Byler	Explains.
300	Vice-chair Shields	Asks about sunset.
310	Byler	Responds.
315	Test	Responds further.
318	Chair Messerle	Closes public hearing on SB 710. Opens work session on SB 31.
SB 31 – WORK SESSION
325	Callens	Presents bill, dash-1 amendments, dash-2 amendments, and impacts.
360	Sen. Burdick	Asks whether the Governor’s office was contacted.
390	Callens	Responds.
395	Chair Messerle	Comments on bill last session, not to perform a study but to take action with the federal government.
400	Sen. Burdick	Asks whether the Governor or agencies have taken a position on the bill.
405	Sen. R. Beyer	MOTION: Moves to ADOPT SB 31-1 amendments dated 1/22/01.
TAPE 60, A
010	Sen. Deckert	Asks where funding will come from.
015	Sen. R. Beyer	Expresses support for the bill being reviewed by Ways and Means.
020	Chair Messerle	Explains the funding would have to be special fund dollars.
035	Kay Brown	Oregon Department of Fish and Wildlife (ODFW). Responds to concerns of amendments.
050	Chair Messerle	Comments about the urgency of moving forward.
055	Vice-chair Shields	Asks about the possibility of getting the authority from the federal government.
060	Brown	Answers.
065	Vice-chair Shields	Asks whether ODFW is dealing with the National Marine Fisheries Service (NMFS).
068	Brown	Confirms.
070	Louise Solliday	Governor’s office. Discusses budget issues. Discusses management of marine mammals by federal government.
090	Chair Messerle	Expresses concern that the federal government is mismanaging the mammals and there is overpopulation now.
100	Solliday	Responds and explains further.
115		VOTE: 7-0
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
120	Sen. R. Beyer	MOTION: Moves to ADOPT SB 31-2 amendments dated 3/5/01.
125		VOTE: 7-0
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
130	Sen. R. Beyer	MOTION: Moves SB 31 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.
135	Deckert	Expresses continuing concern about funding.
140	Callens	Describes fiscal impact.
145	Sen. R. Beyer	Suggests the funding issue be referred to Ways and Means.
150	Sen. Deckert	Expresses continued reservations about asking for general funds.
155	Chair Messerle	Suggests sending the bill on with committee’s intent in the record.

155	Sen. R. Beyer	VOTE: 6-1 AYE: 6 - Atkinson, Beyer R, Burdick, Fisher, Shields, Messerle NAY: 1 – Deckert
	Chair Messerle	The motion CARRIES.
160	Chair Messerle	Closes work session SB 31. Opens public hearing HJM 4.
HJM 4 – PUBLIC HEARING
170	Callens	Presents bill.
175	Terry Thompson	Past state representative. Testifies in support of bill.
210	Chair Messerle	Describes movement of marine mammals.
215	Thompson	Elaborates on marine mammal habits.
244	Brown	Testifies in support and submits written testimony of ODFW (EXHIBIT D).
270	Chair Messerle	Describes the issue as more broad than fishing industries.
275	Sen. Fisher	Describes seal activity in upstream rivers.
300	Chair Messerle	Asks if there is a need for similar action for terns and cormorants.
305	Thompson	Explains need for predator evaluation.
325	Chair	Closes public hearing on HJM 4. Opens work session on HJM 4.
HJM 4 – WORK SESSION
330	Sen. R. Beyer	MOTION: Moves HJM 4 be sent to the floor with a BE ADOPTED recommendation.
330	Sen. R. Beyer	Comments on watching sea lions hunting herring.
350	Chair Messerle	Describes observations of seals and sea lions.
355		VOTE: 6-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Sen. Atkinson
	Chair Messerle	The motion CARRIES. SEN. R. BEYER will lead floor discussion.
360	Chair Messerle	Closes work session on HJM 4. Opens public hearing on HB 2455.
HB 2455 – PUBLIC HEARING
380	Callens	Presents bill and impacts.
400	Thompson	Testifies in favor.
TAPE 59, B
010	Brown	Testifies in support, and submits written testimony (EXHIBIT E).
030	Sen. Burdick	Asks what the federal government does with the permits.
035	Thompson	Responds.
045	Sen. Burdick	Asks how this bill adjusts the floor of the number of permits.
050	Thompson	Explains.
055	Sen. Fisher	Suggests allowing the federal government to buy the permits.
060	Thompson	Elaborates.
065	Chair Messerle	Asks whether the federal government has relaxed its improvement fund.
070	Thompson	Responds.
075	Chair Messerle	Describes the federal capital improvement fund.
080	Thompson	Explains further.
090	Chair Messerle	Asks about investing the capital fund proceeds in another business.
095	Thompson	Elaborates.
100	Chair Messerle	Asks about opposition during house hearings.
105	Thompson	Responds.
106	Solliday	Responds.
110	Sen. Fisher	Asks about specific terms in bill. Recommends correction.
115	Chair Messerle	Closes public hearing on HB 2455. Adjourns meeting at 9:08 a.m.

Submitted By, Reviewed By,

Patricia Nielsen, Judith Callens,

Committee Assistant Committee Administrator

EXHIBIT SUMMARY

A – SB 319, written testimony, Dick Bailey, Oregon Water Resources Department, 1 p

B – SB 319, Hydroelectric Task Force Report, Dick Bailey, Oregon Water Resources Department, 53 p

C – SB 710, written testimony, Pete Test, Oregon Farm Bureau, 1 p

D – HJM 4, written testimony, Kay Brown, Oregon Department of Fish and Wildlife, 1 p

E – HB 2455, written testimony, Kay Brown, Oregon Department of Fish and Wildlife, 1 p