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