SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

 

 

April 11, 2001 Hearing Room B

8:00 AM Tapes  86 - 89

 

MEMBERS PRESENT:            Sen. Ken Messerle, Chair

Sen. Bill Fisher

Sen. Ginny Burdick

Sen. Jason Atkinson

Sen. Roger Beyer

Sen. Ryan Deckert

 

MEMBER EXCUSED:

Sen. Frank Shields, Vice-Chair

 

STAFF PRESENT:                  Judith Callens, Committee Administrator

Patricia Nielsen, Committee Assistant

 

MEASURE/ISSUES HEARD:            SB 208 Public Hearing and Work Session

SB 51 Public Hearing and Work Session

SB 52 Public Hearing and Work Session

 

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 86, A

005

Chair Messerle

Opens meeting at 8:11 a.m.  Opens public hearing on SB 208 and SB 51 at the same time.

SB 208 and SB 51 – PUBLIC HEARING

010

Judith Callens

Committee Administrator.  Presents SB 208 and dash-3 amendments.  Presents SB 51 and dash-2 amendments.

045

Terry Witt

Executive Director, Oregonians for Food and Shelter.  Testifies in favor of SB 208 and SB 51 as amended.  Submits written testimony (EXHIBIT A).

133

Chair Messerle

Asks whether the amendment, which was left out, could be put in on the House side.

140

Witt

Responds.

146

Chuck Craig

Deputy Director, Department of Agriculture (ODA).  Testifies in support of these amendments.

158

Pete Test

Oregon Farm Bureau Federation.  Testifies in favor and submits written testimony (EXHIBIT B).

196

Jim Myron

Oregon Trout.  Testifies in support of SB 51 as amended and SB 208 as amended.  Does not support the amendment to SB 52.

205

Sen. R. Beyer

Asks whether SB 1010 has now been modified to consider only non-point source solution.

212

Witt

Responds and explains.

233

Sen. R. Beyer

Comments about application of federal Clean Water Act (CWA) to confined animal feeding operations (CAFO) and animal feeding operations (AFO).

252

Witt

Defers to Mr. Craig.

255

Craig

Explains further.

288

Sen. R. Beyer

Comments that the Environmental Protection Agency (EPA) has not recently been recognizing the Oregon Department of Agriculture’s (ODA) authority with regard to CAFOs.

297

Craig

Elaborates.

337

Sen. R. Beyer

Continues that federal agencies have not recognized SB 1010 to regulate point-source pollution.  Suggests this should be dealing with the non-point source pollution on agricultural land and should be included in some other vehicle because of EPA requirements.

361

Chair Messerle

Notes that the work group had to deal with that issue. 

367

Sen. Burdick

Asks Myron about amendments.

372

Myron

Responds.

380

Mike Dewey

Oregon Wheat Growers League.  Testifies in support in SB 208 and SB 51 with the amendments.

402

Glen Stonebrink

Oregon Cattlemen’s Association.  Testifies on SB 51-1 amendment changes.  Submits written proposed amendments (EXHIBIT C).

442

Jim Welsh

Oregon Family Farm Association.  Testifies in opposition to the amendments of the SB 1010 legislation.  Raises concerns and advises they can’t support it because they haven’t seen the final amendments.

TAPE 87, A

010

Welsh

Continues.

053

Chair Messerle

Asks about discussions with the Governor’s office during the work group process.

054

Welsh

Responds.

060

Chair Messerle

Asks if there should be no bill put through this session.

061

Welsh

Answers.

078

Scott Ashcom

Oregon Association of Nurserymen (OAN).  Testifies in support of SB 208 as amended.  Responds to Welsh’s comment about nurseries being point source pollution.  Testifies as neutral on SB 51 as amended at this time.

117

Stonebrink

Supports SB 208 and SB 51, but also agrees with Sen. R. Beyer’s point source and non-point source argument.

137

William Town

Scottsburg, Oregon.  States that they have not been heard.  Testifies in opposition to SB 208.

188

Chair Messerle

Clarifies that fees must be approved by the legislature before they can be assessed.  Assures Mr. Town that there is a process before fees are assessed.

191

Town

Responds.

201

Tom Ursry

Reedsport, Oregon.  Testifies in opposition to SB 208.

230

Sen. Fisher

Asks about the temperature standards.

232

Ursry

Clarifies.

238

James Mast

Douglas County Chapter, Oregon Family Farm Association.  Agrees with Jim Welsh.  Testifies in opposition to SB 208 and SB 51.

329

Marilynn Kittelman

Douglas County Planning Commission.  Testifies in opposition to SB 208 and SB 51.

443

Sen. Deckert

Approves what the Chair has done to educate the members about the needs of landowners with rivers running through their land.

465

Kittelman

Clarifies her statement.

474

Chair Messerle

Describes the legislative process and work being done.

TAPE 86, B

026

Sen. Fisher

Comments on educational process.

038

Barbara Wheeler

Testifies in opposition to SB 208 and SB 51.

097

David Alsup

Douglas County Chapter of the Oregon Family Farm Association.  Concurs with Jim Welsh’s statement.  Testifies in opposition to SB 208 and SB 51 as they stand.

148

Sen. Fisher

Asks if there is a place for the Attorney General to rule on this. 

156

Alsup

Responds.

159

Sen. Fisher

Comments about the intent of SB 1010 in 1993 and his inability to get hearings.

187

Wheeler

Responds further.

206

Chair Messerle

Closes public hearing on SB 208.  Opens work session on SB 208.

SB 208 – WORK SESSION

213

Sen. R. Beyer

States that he understands what SB 208 is attempting to do.  This package of bills is not what he was hoping for.  Makes several points regarding the bills.

256

Sen. R. Beyer

MOTION:  Moves to ADOPT SB 208-3 amendments dated 3/29/01.

260

Sen. Fisher

Comments about dissatisfaction with the process.

291

Chair Messerle

Concurs.

 

 

VOTE:  5-0

EXCUSED:  2 – Sen. Burdick, Vice-chair Shields

310

Chair Messerle

Hearing no objection, declares the motion CARRIED.

312

Sen. R. Beyer

MOTION:  Moves SB 208 to the floor with a DO PASS AS AMENDED recommendation.

317

Sen. Atkinson

Responds to the concerns of the witnesses.


 

403

Sen. R. Beyer

Comments about the testimony heard today and the different standards for urban and rural, which are also different for eastern and western US.  Expresses appreciation for the Chair’s efforts over the past 1-1/2 years.

456

Sen. Burdick

Comments on the issues such as urban-rural split, and urges parties to work together.

TAPE 87, B

018

Sen. Deckert

Describes criticism directed at his area and the wealth generated in his district which is distributed throughout the state.

036

Sen. Fisher

Commends the Chair for helping this matter out.  Comments about failure of the system.

067

Chair Messerle

Notes for the record, that in a note from Jim Welsh, he made an inaccurate statement regarding the Nurserymen’s Association.

072

 

VOTE:  6-0

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

EXCUSED:  1 – Vice-chair Shields

 

Chair Messerle

The motion CARRIES.  CHAIR MESSERLE will lead discussion to the floor.

078

Chair Messerle

Closes the work session on SB 208.  Opens a work session on SB 51.

SB 51 – WORK SESSION

097

Sen. Atkinson

MOTION:  Moves to ADOPT SB 51-2 amendments dated 4/6/01.

099

Sen. R. Beyer

Asks about process stated in the dash–2 amendments regarding entry to private lands.  Also asks about wording in the hand-engrossed version.

118

Chair Messerle

Asks Ward, Witt to come forward and answer.

124

Phil Ward

Director, ODA.  Clarifies current statute.

139

Sen. R. Beyer

Asks about the warrant process.

147

Craig

Responds.

159

Chair Messerle

Asks for clarification regarding the absence of the landowner who is not available to give permission.

157

Craig

Responds.

168

Sen. R. Beyer

Asks for clarification regarding ‘notify’ compared to ‘locate.’

172

Craig

Answers and clarifies.

196

Sen. Fisher

Asks about the policy of the agency.

201

Ward

Explains.

214

Sen. Fisher

Asks for clarification of the Attorney General input.

230

Ward

Clarifies.

240

Sen. R. Beyer

Asks about searches and substantive change to procedure.

254

Callens

Explains Section 3.

262

Sen. R. Beyer

Asks why this is needed.

276

Witt

Responds.

295

Ward

Explains further.

299

 

VOTE:  6-0

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

EXCUSED:  1 - Vice-chair Shields

 

Chair Messerle

The motion CARRIES.

SEN. ATKINSON will lead discussion on the floor.

315

Chair Messerle

Closes the work session on SB 51.  Opens a public hearing on SB 52.

SB 52 – PUBLIC HEARING

316

Callens

Presents bill and the dash-2 amendments.

355

Witt

Testifies in favor of SB 52 and the dash–2 amendments.  Expresses surprise at fiscal impact.

397

Mike Llewelyn

Department of Environmental Quality (DEQ).  Testifies in opposition to bill as amended.  Expresses concern about lack of definition.

445

Test

Testifies in favor of SB 52 and dash–2 amendments.  Suggests DEQ concerns can be worked out in rule making. 

467

Witt

Clarifies intent of legislation, and the dash–2 amendments.

TAPE 88, A

020

Witt

Continues.

057

Sen. Fisher

Reads letter from Phil Murphy describing the problem of streams on Forest Service Property included in these issues (EXHIBIT E).

105

Stonebrink

Testifies in favor, defers to Pat Larson.

109

Helen Franklin

Coos County.  Testifies in favor of SB 52 and dash-2 amendments.  Submits written testimony (EXHIBITS F, S).

140

Sharon Beck

Oregon Cattlemen’s Association.  Testifies in favor of bill and dash–2 amendments.  Submits written testimony (EXHIBIT G).

184

Pat Larson

Co-Chair of Water Committee, Oregon Cattlemen’s Association.  Testifies in favor of SB 52 and dash–2 amendments.  Submits written testimony (EXHIBIT H).

242

Stonebrink

Submits written material (EXHIBIT J).  Letter of Phil Ward will satisfy objections, and will be put into the House record.

308

Phil Murphy

Rancher, Klamath County.  Testifies and refers to written testimony. (EXHIBIT E).

403

Robert Hawthorne

Testifies in favor of SB 52 and dash–2 amendments.  Makes several comments regarding the DEQ.  Submits written testimony (EXHIBIT K). 

TAPE 89, A

032

Chair Messerle

Comments that he has tried to deal with the temperature standard since 1997, and it’s his opinion that it is an impossible standard to make any progress with.  Is encouraged that some of the federal agencies are willing to take another look at it.

045

Bill Scheufele

Rancher.  Testifies in opposition to the 1010 bill because there are problems with this bill.  Supports SB 52 and the dash–2 amendments if backed by scientific information.  Submits written material (EXHIBIT L). 

078

Hawthorne

Asks Sen. Fisher if he has questions of Mr. Murphy.

081

Sen. Fisher

Confirms he saw and heard the testimony and written material from Mr. Murphy.

108

Hawthorne

Responds and clarifies.

121

Brad Harper

Executive Director, Water for Life.  Testifies in favor of SB 52 and dash–2 amendments.

142

Kittelman

Testifies in support of SB 52 and dash–2 amendments.  Submits written testimony (EXHIBIT T).

162

William Town

Testifies in support of SB 52 and dash–2 amendments.

166

Ursry

Testifies in support of SB 52 and dash–2 amendments.

173

Mast

Testifies in support of SB 52 and dash–2 amendments.

177

Wheeler

Testifies in support of SB 52 and dash–2 amendments.

180

Jim Welsh

Testifies in support of SB 52 and dash–2 amendments.

183

Chair Messerle

Closes public hearing on SB 52.  Opens work session on SB 52.

SB 52 – WORK SESSION

186

Sen. Atkinson

MOTION:  Moves to ADOPT SB 52-2 amendments dated 4/9/01.

 

 

VOTE:  4-0

EXCUSED:  3 – Sen. Burdick, Sen. Deckert, Vice-chair Shields

 

Chair Messerle

Hearing no objection, declares the motion CARRIED.

192

Sen. Atkinson

Moves do pass and be referred to WAYS & MEANS because of fiscal impact.

195

Sen. R. Beyer

Comments that from his perspective, a package should have been made to provide some momentum to keep it moving towards the Governor’s office.

209

Sen. Fisher

Asks if the committee can write a letter to Ways and Means.

214

Callens

Explains fiscal impact.

228

Sen. Fisher

States that if Ways and Means knew what the committee’s feelings were they might be able to better zero in on the process.

244

Sen. Atkinson

MOTION:  Moves SB 52 to the floor with a DO PASS AS AMENDED recommendation AND BE REFERRED TO THE COMMITTEE ON WAYS AND MEANS.

220

Chair Messerle

VOTE:  4-1

AYE:               4 – Atkinson, Beyer R, Fisher, Messerle

NAY:               1 – Burdick

EXCUSED:     2 – Deckert, Shields

 

Chair Messerle

The motion CARRIES.

250

Chair Messerle

Closes the work session on SB 52.  Adjourns meeting at 10:45 a.m.

 

Submitted By,                        Reviewed By,

 

 

 

Patricia Nielsen,                        Judith Callens,

Committee Assistant                        Committee Administrator

 

EXHIBIT SUMMARY

 

A – SB 208, SB 51, SB 52, written testimony, Terry Witt, Oregonians for Food and Shelter, 3 pp

B – SB 51, written testimony, Pete Test, Oregon Farm Bureau, 1 p

C – SB 51, proposed amendments, Glen Stonebrink, Oregon Cattlemen’s Association, 1 p

D – SB 208, SB 51, SB 52, letter, Phil Ward, Department of Agriculture, 2 pp

E – SB 52, written testimony, Phil Murphy, 2 pp

F – SB 52, written testimony, Helen Franklin, 4 pp

G – SB 52, written testimony, Sharon Beck, Oregon Cattlemen’s Association, 1 p

H – SB 52, written testimony, Pat Larson, Susan Hammond, Oregon Cattlemen’s Association, 7 pp

I – SB 52, written testimony, Sharon Livingston, 1 p

J – SB 52, written testimony, Glen Stonebrink, Oregon Cattlemen’s Association, 3 pp

K – SB 52, written testimony, Bob Hawthorne, 10 pp

L –SB 52, written testimony, Bill Scheufele, 2 pp

M - SB 52, written testimony, David R. Harris, 2 pp

N - SB 52, written testimony, Steven Brockmon, 1 p

O - SB 52, written testimony, Ellen Keeland, 7 pp

P - SB 52, written testimony, Lloyd Keeland, 1 p

Q - SB 52, written testimony, Patti Yellow Hand Bull, 2 pp

R - SB 52, written testimony, William Turner, 1 p

S - SB 52, written testimony, LaVelle Holmes, 2 pp

T - SB 52, written testimony, Marilyn Kittelman, 3 pp