SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

 

 

April 04, 2001 Hearing Room B

8:00 AM    Tapes 77-79

 

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 606 – Work Session

SB 895 – Work Session

SB 869 – Public Hearing

SB 870 – Public Hearing

SB 46 – 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 77, A

005

Chair Messerle

Opens meeting at 8:00 a.m.  Opens public hearing on SB 869 and SB 870.

SB 869, SB 870 – PUBLIC HEARING

014

Judith Callens

Committee Administrator.  Presents bills and amendments.

045

Tom Byler

Senior Policy Coordinator, Water Resources Department.  Testifies in favor of SB 869 and the dash–1 amendments.  Questions whether this type of transfer process is appropriate.  Submits written material (EXHIBIT A).

114

Byler

Testifies in favor of SB 870 and the dash–1 amendments.  Submits written testimony (EXHIBIT B).

200

Tom Paul

Testifies in support of the bill and amendments, because of the sunset clause.

210

Roger Martin

Confederated Tribes of the Umatilla Reservation.  Testifies in opposition to this bill.


 

222

William Quaempts

Tribal Water Committee, Confederated Tribes of the Umatilla Reservation.  Testifies in opposition to SB 869 and SB 870, because contrary to the treaty of 1855.  Recommends adoption with the amendments to SB 870 which the tribe has suggested.  Submits written material (EXHIBIT C).

485

Sen. Deckert

Asks for an overview of the amendments to SB 870.

TAPE 78, A

024

Harold Shepherd

Umatilla Tribes.  Refers to Appendix B of submitted material.

037

Sen. Deckert

Asks about the state government policy today to consult with sovereign governments.

042

Shepherd

Responds.

042

Sen. Deckert

Reiterates that it is state law.

045

Shepherd

Explains.

059

Martin

Elaborates.

068

Vice-chair Shields

Even if it state policy, he feels that the language about the consultation should be left in this bill.

074

Shepherd

Agrees.

083

Karen Russell

WaterWatch of Oregon.  Testifies in opposition to SB 869 and submits written testimony (EXHIBIT D).

114

Russell

Testifies in opposition to SB 870 and the dash–1 amendments.  Submits proposed amendments and describes their effect.  Submits written testimony (EXHIBIT E).

205

Jerry Odman

Public Works Director, City of Pendleton.  Testifies in support of SB 869 and SB 870 and the amendments.  Submits written material (EXHIBIT F).

276

Bob Patterson

Special Projects Engineer, City of Pendleton.  Testifies in support of SB 869.  Describes project and consultation with tribes.

340

Vice-chair Shields

Asks about testimony of tribes and the seeming disconnection between the City and tribes.

348

Patterson

Explains.

374

Vice-chair Shields

Asks why communication hasn’t taken place.

380

Patterson

Responds.

382

Sen. Deckert

Asks if the City has a policy of consultation.

386

Odman

Explains and describes state and federal requirements.

422

Sen. Deckert

Asks what the rationale is of eliminating the public review in the transfer statute.

429

Odman

Responds.

452

Sen. Deckert

Refers to SB 870 and the proposed amendments, and asks if they have any comments.

465

Odman

Answers.

470

Sen. Deckert

Asks if they are happy with the amendments.

480

Vice-chair Shields

Closes the public hearing on SB 869 and SB 870.  Opens public hearing on SB 46.

SB 46 – PUBLIC HEARING

TAPE 77, B

037

Callens

Presents bill.

053

Jack Dent

Public Utility Commission.  Testifies in support and submits written material (EXHIBIT I).

096

Steve Purchase

Division of State Lands (DSL).  Testifies in opposition and submits written material (EXHIBIT J).

147

Sen. Peter Courtney

District 17.  Testifies in favor of bill and submits written testimony (EXHIBIT L).

212

Vice-chair Shields

Asks Dent if he has seen memorandum of understanding (MOU).

216

Dent

Responds and explains concerns.

252

Vice-chair Shields

Asks whether this MOU is adequate.

254

Dent

Clarifies.

259

Sen. Deckert

Asks how the pipeline emergency would be handled now.

267

Dent

Responds it is not clear how it would be handled under the current law.

293

Sen. Burdick

Asks if DLCD has been included in the discussion about the emergency procedures.

300

Dent

Responds.

301

Sen. Burdick

Asks about any cleanup responsibilities after the emergency passes.

308

Dent

Explains.

330

Sen. Courtney

Comments about public safety issues.  States that they just received MOU yesterday, and have concerns about language.

363

Sen. Fisher

Describes an emergency situation when a sinkhole opened on I-5.

391

Sen. Courtney

Urges committee to act on the proposed legislation.

400

Chair Messerle

Encourages parties to continue to work together to solve the language difficulties.

426

Roger Martin

Williams Company.  Testifies in favor of bill.

TAPE 78, B

033

Gary Bauer

Northwest Natural Gas.  Testifies in favor of bill.  Notes that it takes too long to obtain permit from DSL if there is an emergency. 

050

Steve Vincent

Avisla Utilities. Testifies in favor of this bill.

079

Chair Messerle

Closes the public hearing on SB 46.  Opens work session on SB 606.

SB 606 – WORK SESSION

083

Callens

Presents bill and impacts.

102

Sen. Burdick

Explains why she opposes bill.  Notes that only 1 percent of waterways fall within this scenic waterway category.  Concerned about inadequate protection of habitat.

119

Chair Messerle

Expresses support of the bill and the miners’ efforts to comply with protection efforts.

133

Sen. Atkinson

Comments about his concerns expressed in a previous hearing.  Since then, he has learned his concerns are covered in Oregon Rules.  He is reassured that damage would be prevented, and is also interested in limitation on pipe size.

161

Vice-chair Shields

Asks about size of pipes in California.

165

Sen. Atkinson

Describes mining processes in California.

177

Chair Messerle

Points out that Oregon has a different situation, that this is recreational mining not commercial.

187

Vice-chair Shields

Asks Sen. Atkinson to describe the differences between California and Oregon mining processes.

190

Sen. Atkinson

Describes.

225

Sen. Fisher

Comments about restrictions on places where gold is prospected. 

244

Vice-chair Shields

Asks why it is recreational at all.

252

Tom Quintal

Oregon Independent Miners.  Responds to question regarding recreational gold mining.

288

Vice-chair Shields

States for the record that miners have been responsive, and it does affect only 1 percent of waterways, but would have liked to hear from tribes or environmentalists.

309

Sen. R. Beyer

MOTION:  Moves SB 606 to the floor with a DO PASS recommendation.

312

 

VOTE:  5-2

AYE:               5 – Atkinson, Beyer R, Fisher, Shields, Messerle

NAY:               2 - Burdick, Deckert

 

Chair Messerle

The motion CARRIES.

CHAIR MESSERLE will lead discussion on the floor.

322

Chair Messerle

Closes work session on SB 606.  Opens work session on SB 895.

SB 895 – WORK SESSION

336

Callens

Presents bill and amendments.

426

Chair Messerle

Asks if there is a subsequent referral to Ways and Means.

435

Sen. R. Beyer

MOTION:  Moves to ADOPT SB 895-3 amendments dated 4/4/01.

 

 

VOTE:  7-0

440

Chair Messerle

Hearing no objection, declares the motion CARRIED.

441

Sen. R. Beyer

MOTION:  Moves SB 895 as amended by the committee to the Committee on Ways and Means with a DO PASS RECOMMENDATION.

445

Sen. Burdick

Asks about reporting and reasons not to exchange ballast water.

460

Callens

Explains reporting requirements.

TAPE 79, A

023

Sen. Fisher

Comments about emergency conditions under which it would be inappropriate or unsafe to exchange ballast water.

037

Chair Messerle

Responds further.


 

049

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

044

Chair Messerle

The motion CARRIES.

045

Chair Messerle

Closes the work session on SB 895. Adjourns the meeting at 10:05 a.m.

 

Submitted By,                        Reviewed By,

 

 

 

Patricia Nielsen,                        Judith Callens,

Committee Assistant                        Committee Administrator

 

EXHIBIT SUMMARY

 

A – SB 869, written testimony, Tom Byler, Water Resources Department, 2 pp

B – SB 870, written testimony, Tom Byler, Water Resources Department, 3 pp

C – SB 869 and 870, written testimony, William Quaempts, Confederated Tribes of the Umatilla

        Reservation, 28 pp

D – SB 869, written testimony, Karen Russell, WaterWatch of Oregon, 1 p

E – SB 870, written testimony, Karen Russell, WaterWatch of Oregon, 5 pp

F – SB 869, written testimony, Bob Ramig, City of Pendleton, 2 pp

G – SB 870, written testimony, Bob Ramig, City of Pendleton, 2 pp

H – SB 870, written testimony, Patrick Voigt, Grant Soil and Water Conservation District, 2 pp

I – SB 46, written testimony, Jack Dent, Public Utility Commission, 1 p

J – SB 46, Memorandum of Understanding, Steve Purchase, Division of State Lands, 2 pp

K – SB 46, written testimony, Sen. Courtney, 4 pp

L – SB 46, written testimony, Richard Benner, Department of Land Conservation and

        Development, 1 p