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