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