SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

 

 

April 09, 2001 Hearing Room B

8:00 AM Tapes  83 – 85

 

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 945 – Public Hearing

SB 946 – Public Hearing

SB 529 – Public Hearing and work session

SB 703 – Public Hearing and work session

SB 792 – 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 83, A

005

Chair Messerle

Opens meeting at 8:03 a.m.  Opens public hearing on SB 945.

SB 945 – PUBLIC HEARING

010

Judith Callens

Committee Administrator.  Presents bill and dash-1 amendments.

030

Chair Messerle

Opens public hearing on SB 946.

SB 946 – PUBLIC HEARING

035

Louise Solliday

Governor’s Assistant for Natural Resources.  Testifies in support of SB 945 and SB 946.  Suggests change in staggering IMST terms in SB 945.

090

Solliday

Continues.

167

Geoff Huntington

Executive Director, Oregon Watershed Enhancement Board (OWEB).  Testifies in support of SB 945 and SB 946.  Suggests a language amendment to section 4 (2)(d).  Submits written testimony on SB 945 and SB 946 (EXHIBITS A, B). 

236

Callens

Presents SB 946 and impacts.


 

253

Huntington

Comments there should be no fiscal impact, because impact will be absorbed by Governor’s budget.

260

Chair Messerle

Describes suggested amendments.

264

Solliday

Responds.

269

Chair Messerle

Elaborates on second amendments.

273

Solliday

Comments further.

276

Chair Messerle

Asks if the Governor will support this bill with the two amendments.

278

Solliday

Responds.

294

Chair Messerle

Explains why these bills do not address these two issues and that they are trying to avoid permanent bureaucracy.

318

Chair Messerle

Closes public hearing on SB 945 and SB 946.  Opens public hearing on SB 529.

SB 529 – PUBLIC HEARING

325

Callens

Presents bill and dash-1 amendments.

365

Chair Messerle

Describes another upcoming bill which will deal with permitting for all agencies. 

384

Harlan Levy

Staff Attorney for the Oregon Association of Realtors.  Testifies in support of SB 529 with the dash-1 amendments.

437

Jeannette Holman

Assistant Director, Division of State Lands (DSL).  Testifies in support of SB 529, and the dash-1 amendments.  Submits written testimony (EXHIBIT C).

483

Sen. Atkinson

Asks about the application process and how it works.

499

Holman

Explains.

TAPE 84, A

039

Steve Purchase

Assistant Director for Field Operations, DSL.  Adds additional comments.

047

Sen. Atkinson

Inquires about applications which are incomplete or incorrect, and whether legislators will be asked to become involved if there are problems.

051

Purchase

Explains.

057

Sen. Atkinson

Asks about accelerating the time frame if needed.

061

Purchase

Responds.

065

Sen. Atkinson

Asks if there is any sensitivity on behalf of the agency for a decision to be made before the 90 days are up.

078

Purchase

Responds to question.

083

Chair Messerle

Asks about flexibility of time frame for application process.

087

Purchase

Explains.

093

Chair Messerle

Commends the group on a job well done.

099

Holman

Responds further.


 

107

Sen. Deckert

Asks for an example of when the dash-1 amendments would apply and be helpful.

115

Levy

Responds.

130

Sen. Deckert

Inquires further about DSL action, and vulnerability to third party lawsuit.

137

Purchase

Explains.

153

Sen. Deckert

Asks who is ultimately responsible if a deadline is missed, resulting in a third-party lawsuit.

159

Purchase

Replies.

162

Chair Messerle

Asks about application of the 60-day deadline.

165

Purchase

Elaborates.

168

Chair Messerle

Closes public hearing on SB 529.  Opens work session on SB 529.

SB 529 – WORK SESSION

171

Sen. Atkinson

MOTION:  Moves to ADOPT SB 529-1 amendments dated 4/6/01.

173

 

VOTE:  7-0

 

Chair Messerle

Hearing no objection, declares the motion CARRIED.

175

Sen. Atkinson

MOTION:  Moves SB 529 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0

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

 

Chair Messerle

The motion CARRIES.

CHAIR MESSERLE will lead discussion on the floor.

181

Chair Messerle

Closes work session on SB 529.  Opens public hearing on SB 703.

SB 703 – PUBLIC HEARING

185

Callens

Presents bill, dash-2 amendments and hand engrossed bill.

204

Jessica Harris

Associated General Contractors.  Testifies in support of bill and amendments.  Submits written testimony (EXHIBIT E).

216

Chair Messerle

Asks whether this forces agencies to go to higher cost site.

219

Harris

Responds.

232

Sen. R. Beyer

Asks what prohibits public agencies from doing that today.

234

Harris

Explains.

236

Sen. R. Beyer

Asks why we need this bill.

237

Harris

Responds.

247

Sen. Burdick

Comments on the effect of the dash-1 amendments.

252

Callens.

Explains.

257

Harris

Responds further.

288

Sen. Burdick

Asks if environmental community will testify.

299

Vice-chair Shields

Comments that Len Bernstein was instrumental in drafting the dash–2 amendments.  Assumes he considered all parties’ positions.

314

Chair Messerle

Closes public hearing on SB 703.  Opens work session on SB 703.

SB 703 – WORK SESSION

317

Sen. Shields

MOTION:  Moves to ADOPT SB 703-1 amendments dated 4/6/01.

 

 

VOTE:  7-0

320

Chair Messerle

Hearing no objection, declares the motion CARRIED.

321

Sen. Shields

MOTION:  Moves SB 703 to the floor with a DO PASS AS AMENDED recommendation.

324

Sen. R. Beyer

Comments about need for bill.

346

Chair Messerle

Invites Harris to respond.

351

Harris

Clarifies further.

364

Callens

Clarifies that the committee is actually working on the dash–2 amendments, not the dash-1 amendments.

406

Vice-chair Shields

MOTION: Moves to reconsider the vote by which the committee passed the SB 703-1 amendments.

 

 

VOTE:  7-0

 

Chair Messerle

Hearing no objection, declares the motion CARRIED.

412

Vice-chair Shields

MOTION:  Moves to ADOPT SB 703-2 amendments dated 4/6/01.

 

 

VOTE:  7-0

 

Chair Messerle

Hearing no objection, declares the motion CARRIED.

416

Vice-chair Shields

MOTION:  Moves SB 703 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0

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

424

Chair Messerle

The motion CARRIES.

VICE-CHAIR SHIELDS will lead discussion on the floor.

425

Chair Messerle

Closes the work session on SB 703.  Opens a public hearing on SB 792.

SB 792 – PUBLIC HEARING

429

Callens

Presents bill, dash–1 and dash–2 amendments.  Presents impacts.

TAPE 83, B

015

Sen. Avel Gordly

District 10, Portland.  Testifies in favor of SB 792.  Submits written testimony (EXHIBITS F, G).

228

Chris Dearth

Governor’s Natural Resource office.  Testifies in support of SB 792.

236

Beth Englander

Attorney for Legal Aid, working with Sen. Gordly on this legislation.  Testifies in favor of SB 792 and submits written testimony (EXHIBIT H).

328

Chair Messerle

Asks about the Governor’s concerns regarding lack of follow through by agencies, and how the Governor’s office dealt with those concerns.

337

Dearth

Responds.

343

Chair Messerle

Expresses concerns about agencies not meeting with the public and having open meetings.  Comments there must be a balance between protection and bureaucracy.  Asks for Sen. Gordly to comment.

378

Sen. Gordly

Responds.

443

Vice-chair Shields

Asks whether there is anecdotal information about specific problems that the advisory board will try to handle.

488

Sen. Gordly

Describes.

TAPE 84, B

061

Sen. Deckert

Describes another experience in his area.

086

Sen. Gordly

Responds.

090

Sen. Burdick

Describes an experience.

113

Jeri Sundvall

Executive Director of the Environmental Justice Action Group.  Testifies in support of bill. 

173

Terry Witt

Executive Director, Oregonians for Food and Shelter.  Testifies in favor of bill.

259

Chair Messerle

Asks about industry representation, and also whether there are representatives from fishing or logging communities.

269

Witt

Responds.

297

Sarah Doll

Oregon Environmental Council.  Testifies in support of the bill, and submits written testimony (EXHIBIT I). 

351

Vice-chair Shields

Asks Witt about emphasis on environmental versus civil rights.

369

Witt

Explains.

426

Diane Schwartz

Legal Aid attorney.  Testifies in favor of bill and submits written testimony (EXHIBIT J). 

442

Monica Kirk

Attorney representing Environmental Protection Agency (EPA) Region 10.  Testifies in favor of bill.  Submits written report (EXHIBIT K).

TAPE 85, A

066

Vice-chair Shields

Asks, for the record, since there are state agencies that are out of compliance, would that get them into trouble with the EPA, under environmental justice.  Also states that he would like to pursue that question at a later time.

077

Bob Collin

Associate Professor, University of Oregon.  Testifies in favor of bill.

112

Robin Morris Collin

Professor of law, University of Oregon law school.  Testifies in favor of bill.

143

Donalda Dodson

Assistant Administrator, Center for Child and Family Health, Health Division, Department of Human Services.  Testifies as neutral on SB 792 and submits written testimony (EXHIBIT L).

169

Roger Martin

Registered lobbyist. Testifies in opposition to bill. 

202

Chair Messerle

Closes public hearing on SB 792.  Adjourns meeting at 10:07 a.m.

 

Submitted By,                        Reviewed By,

 

 

 

Patricia Nielsen,                        Judith Callens,

Committee Assistant                        Committee Administrator

 

 

EXHIBIT SUMMARY

 

A – SB 945, written testimony, Geoff Huntington, Oregon Watershed Enhancement Board, 3 pp

B - SB 946, written testimony, Geoff Huntington, Oregon Watershed Enhancement Board, 2 pp

C – SB 529, written testimony, Jeannette Holman, Division of State Lands, 1 p

D – SB 529, written testimony, John Killin, Special Districts Association of Oregon, 1 p

E – SB 703, written testimony, Jessica Harris, Associated General Contractors, 1 p

F – SB 792, written testimony, Sen. Avel Gordly, 3 pp

G – SB 792, written testimony, Victor Merced, Environmental Justice Advisory Board, 2 pp

H – SB 792, written testimony, Beth Englander, Legal Aid, 1 p

I – SB 792, written testimony, Sarah Doll, 2 pp

J – SB 792, written testimony, Diane Schwartz, 2 pp

K – SB 792, brochure, Monica Kirk, 8 pp

L – SB 792, written testimony, Donalda Dodson, Center for Child and Family Health, 2 pp