SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

March 30, 2001 Hearing Room B

8:00 am Tapes 73 - 74

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: SB 50 – WORK SESSION

SB 518 – WORK SESSION

SB 895 – PUBLIC HEARING

SB 606 – 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 73, A
005	Chair Messerle	Opens meeting at 8:08 a.m.
SB 50 – WORK SESSION
007	Judith Callens	Committee Administrator. Presents bill and dash–2 amendments.
032	Dave White	Department of Administrative Services (DAS), Administrator of Facilities Division. Gives update and discusses the 6-30-02 deadline.
053	Chair Messerle	Asks for update on facilities here and in Portland.
055	White	Responds.
063	Sen. R. Beyer	Asks about fiscal.
066	Callens	Responds.
077	Sen. R. Beyer	Asks whether fiscal erroneously says it directs the Oregon Parks and Recreation Department to promptly relocate its office. Asks if that should be Oregon Department of Fish and Wildlife (ODFW). Asks about vacation buyouts for employees.
086	Judi James	Legislative Fiscal office. Responds and clarifies.
097	Sen. R. Beyer	Asks about the contingency fee.
099	James	Explains.
103	Sen. R. Beyer	Asks about value of current building.
106	James	Responds.
107	White	Adds additional comments regarding the appraisals.
112	Chair Messerle	Asks about the costs of the move and fiscal.
114	James	Responds.
117	Vice-chair Shields	Describes his tour of building and problems noted.
133	White	Explains.
153	Vice-chair Shields	Asks what the prior assessment was.
154	White	Responds.
165	Vice-chair Shields	Notes that if ODFW makes more, DAS get less.
167	White	Replies.
171	Vice-chair Shields	Notes that he called a commercial realtor and got a formula to assess value. That person came up with $7.9 million. Asks if that would be a starting point from which to subtract the work needed.
187	White	Responds.
203	Vice-chair Shields	Asks about the value of the parking spaces.
204	White	Describes.
208	Vice-chair Shields	Indicates the commercial realtor said each parking space is worth $250 to $275 per month which adds another $438,000 to the value of building.
216	White	Describes other parking and costs.
247	Vice-chair Shields	Asks if the Parks Reservation Center would remain, and if the mainframe for hunting licenses would also remain in the building.
255	White	Responds.
270	Sen. Fisher	Asks about the costs of employees not transferring. Inquires as to the $10,000 costs for recruitment.
275	James	Discusses.
281	Sen. Fisher	Asks about soft costs.
282	James	Responds.
297	Sen. R. Beyer	Asks if DAS has considered leasing space and moving some employees to other areas, such as rural communities.
320	White	Answers.
343	Sen. R. Beyer	Asks if it is time to start looking for other places to move agencies, including ODFW.
351	White	Responds.
392	Sen. R. Beyer	Comments that he feels this is the time to be looking at moving jobs out of this core to other areas of the state, relieving many problems along the I-5 corridor.
411	Chair Messerle	Comments that this bill brings ODFW here temporarily for two years, while deciding where to put them.
417	White	Affirms.
425	Chair Messerle	Adjourns work session on SB 50. Notes that Legislative Counsel will bring amendments shortly. Opens work session on SB 518.
SB 518 – WORK SESSION
435	Callens	Presents bill and dash–3 amendments.
457	Sen. R. Beyer	Asks about the fiscal impact. The intent of the dash–3 amendment was to remove all fiscal impact. Asks that it not move forward at this time. Also asks that the committee ask ODFW to consider requiring hunters to have hunter safety for licenses. Suggests that ODFW bring back a proposal in the interim or to the next session of the Legislature.
497	Chair Messerle	Closes work session on SB 518. Opens public hearing on SB 895.
TAPE 74, A
SB 895 – PUBLIC HEARING
027	Callens	Presents SB 895 and dash–1 amendments.
098	Larry Cooper	ODFW. Testifies in favor of the bill and the dash-1 amendments. Submits written material (EXHIBIT A).
124	Chair Messerle	Asks if he has seen the comments from legislative counsel.
130	Keith Leavitt	Port of Portland. Testifies in favor of bill and dash–1 amendments. Submits written material (EXHIBIT B).
146	Mark Sytsma	Portland State University. Testifies in favor of the bill.
259	Chair Messerle	Asks if we are moving toward treating the ballast water instead of simply exchanging it.
263	Sytsma	Responds.
280	Leavitt	Describes amendments.
334	Chair Messerle	Asks Mr. Leavitt to work with Legislative Counsel to address concerns, so he can bring this back to work session as soon as possible.
347	Ken Armstrong	Oregon Ports Group. Testifies in support of bill.
357	Chair Messerle	Asks him to also work with the Port of Portland.
360	Eric Kastner	Columbia River Steamship Association. Testifies in support of bill.
382	Terry Thompson	Former Representative. Testifies in support of bill but raises concerns.
431	Chair Messerle	Asks if work group can overcome the concerns.
432	Thompson	Affirms.
435	Sen. Fisher	Asks how the ballast is exchanged.
444	Kastner	Describes.
TAPE 73, B
025	Sen. Deckert	Asks how the law is enforced.
026	Kastner	Describes enforcement.
050	Jim Myron	Oregon Trout. Testifies in support of bill and the dash–1 amendments.
055	Robin Hartmann	Oregon Shores Conservation Coalition. Testifies in support and submits written material (EXHIBIT C).
105	Chair Messerle	Urges parties to work on the amendments. Closes public hearing on SB 895. Reopens work session on SB 50.
SB 50 – WORK SESSION
110	Callens	Presents the dash–3 amendments.
116	Sen. R. Beyer	MOTION: Moves to ADOPT SB 50-3 amendments dated 3/30/01.
		VOTE: 7-0
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
119	Sen. R. Beyer	MOTION: Moves SB 50 to the floor with a DO PASS AS AMENDED recommendation, and be referred to the WAYS AND MEANS committee.
125	Vice-chair Shields	Expresses concerns.
146	Sen. Burdick	Advises she will oppose because she doesn’t know where the money will come from.
161	Chair Messerle	Notes that when it was drafted, he spoke with the Governor’s staff and got a positive response.
169	VOTE	VOTE: 4-3 AYE: 4 – Atkinson, Beyer R, Fisher, Messerle NAY: 3 – Burdick, Deckert, Shields
	Chair Messerle	The motion CARRIES.
177	Chair Messerle	Closes work session on SB 50. Opens public hearing on SB 606.
SB 606 – PUBLIC HEARING
178	Callens	Presents bill with impacts.
203	John Lilly	Assistant Director, Division of State Lands (DSL). Testifies and notes that they have monitored these projects.
217	Chair Messerle	Asks if they have found any negative impacts.
220	Lilly	Responds to issue.
238	Jim Neifert	Oregon Parks and Recreation. Testifies in favor. Supports DSL. Submits written material (EXHIBIT D).
260	Chair Messerle	Enters letter into record (EXHIBIT E).
266	Vice-chair Shields	Asks if there is any opposition.
268	Neifert	Describes environmental concerns.
285	Sen. Atkinson	Asks why it is called recreational.
275	Lilly	Explains.
316	Sen. Atkinson	Asks what he will learn after the report is made.
319	Lilly	Responds.
329	Sen. Atkinson	Raises concerns on placer mining in surrounding states and doesn’t want to see these abuses in Oregon.
430	Lilly	Responds to Sen. Atkinson’s concerns.
477	Sen. R. Beyer	Asks about the requirement of filling holes outside the main channel.
Tape 74, B
032	Lilly	Responds and explains.
052	Chair Messerle	Notes that he has been dealing with this situation since 1997 and is impressed with how the miners have tried to make it work.
062	Tom Quintal	Director of Government Affairs, Oregon Independent Miners. Reads testimony of Tim Cremer. Testifies in favor of the bill. Submits written material. (EXHIBIT F).
164	Sen. Deckert	Asks if there is any further documentation regarding fish habitat.
171	Quintal	Responds, and submits report on suction dredging. Submits written material (EXHIBIT G).
182	Richard Springer	Sierra Club. Testifies in opposition. Submits scientific report from Xerces society (EXHIBIT H).
251	Chair Messerle	Asks if he agrees that they have made tremendous progress from the dates that were earlier mentioned by DSL.
260	Springer	Responds.
272	Chair Messerle	Asks if he is referring to Oregon.
273	Springer	Responds.
277	Sen. Burdick	Asks if it is true that scenic waterways are only 1% of the waterways in the state.
282	Springer	Responds.
298	Sen. R. Beyer	Asks Springer to share his scientific documents.
300	Springer	Responds.
304	Chair Messerle	Closes public hearing on SB 606. Advises he will bring this back at a later date for work session. Announces that SB 792 is postponed until April 9.
313	Chair Messerle	Adjourns meeting at 9:52 a.m.

Submitted By, Reviewed By,

Patricia Nielsen, Judith Callens,

Committee Assistant Committee Administrator

EXHIBIT SUMMARY

A – SB 895, written testimony, Larry Cooper, Oregon Department of Fish and Wildlife, 1 p

B – SB 895, written testimony, Keith Leavitt, Port of Portland, 2 pp

C – SB 895, written testimony, Robin Hartmann, Oregon Shores Conservation Coalition, 2 pp

D – SB 606, written testimony, Jim Neifert, Oregon Parks and Recreation Department, 1 p

E – SB 606, written testimony, Michael Carrier, Parks and Recreation Department, 1 p

F – SB 606, written testimony, Tom Quintal, Oregon Independent Miners, 1 p

G – SB 606, written report, Tom Quintal, Oregon Independent Miners, 6 pp

H – SB 606, written testimony, Richard Springer, 4 pp