SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

 

 

April 18, 2001 Hearing Room B

5:00 PM Tapes  98 - 101

 

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 943 – Work Session

SB 212 – Public Hearing and Work Session

SB 172 – Public Hearing

SB 579 – 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 98, A

005

Chair Messerle

Opens meeting at 5:20 p.m.  Reopens work session on SB 943.

SB 943 – WORK SESSION

010

Sen. R. Beyer

MOTION:  Moves to RECONSIDER the vote by which SB 943 was moved to the floor with a do pass as amended recommendation.

010

 

VOTE:  6-0

EXCUSED:  1 - Vice-chair Shields

 

Chair Messerle

Hearing no objection, declares the motion CARRIED.

015

Sen. Atkinson

MOTION:  Moves to RECONSIDER the vote by which the committee failed to adopt the SB 943-9 amendments.

015

 

VOTE:  6-0

EXCUSED:  1 - Vice-chair Shields

 

Chair Messerle

Hearing no objection, declares the motion CARRIED.


 

017

Sen. R. Beyer

MOTION:  Moves to ADOPT SB 943-9 amendments dated 4/11/01.

 

 

VOTE:  6-0

EXCUSED:  1 - Vice-chair Shields

019

Chair Messerle

Hearing no objection, declares the motion CARRIED

030

Sen. R. Beyer

MOTION:  Moves SB 943 to the floor with a DO PASS AS AMENDED recommendation.

035

 

VOTE:  5-1

AYE:               5 - Atkinson, Beyer R, Burdick, Fisher, Messerle

NAY:               1 – Deckert

EXCUSED:     1 – Shields

 

Chair Messerle

The motion CARRIES.

SEN. MESSERLE will lead discussion on the floor.

040

Chair Messerle

Closes work session on SB 943.  Opens public hearing on SB 212.

SB 212 – PUBLIC HEARING

049

 Don Schellenberg

Associate Director, Government Affairs, Oregon Farm Bureau. Testifies on SB 212 and  the differences between the dash–1 and dash–2 amendments.

092

Roger Wood

Governor’s Natural Resource office.  Testifies in support of SB 212-1 amendments.  Describes content.

134

Chair Messerle

Asks what problems he sees with the dash–2 amendments.

136

Wood

Responds.

156

Sen. R. Beyer

Asks about options for cities under the dash–2 amendment.

165

Woods

Explains.

180

Sen. R. Beyer

Asks if DLCD opposes making it easier for private industries, but doesn’t oppose making it easier for cities.

197

Wood

Explains.

214

Sen. R. Beyer

Asks if both amendments do that for private farmland.

221

Richard Whitman

Oregon Department of Justice.  Speaks to the motivation and key issues of this bill.  Testifies in favor.

309

Chair Messerle

Asks Schellenberg if there have been abuses.

313

Schellenberg

Responds.

354

Chair Messerle

Asks how many cities have bought farmland.

359

Schellenberg

Responds.

366

Sen. R. Beyer

Gives two examples from his district.  Asks if the dash-2 amendments were adopted, how long does process take if city wants to buy property.

395

Whitman

Describes.

431

Schellenberg

Adds further comments.

494

Sen. Burdick

Asks if a city had to go through the alternative process, would it be more likely settle on a contract with farmers; or would it look for exception areas or areas within the urban boundaries.

507

Schellenberg

Responds.

TAPE 99, A

035

Sen. Burdick

Asks about difficulty in doing this kind of application on an exception, and whether it applies only to farmland.

039

Whitman

Responds.

045

Sen. Atkinson

Comments that the cities don’t deserve special consideration.  Asks what incentives cities have to own and take care of farmland.

067

Wood

Responds.

094

Sen. Burdick

Asks if the Governor’s office and DLCD will still support this bill with the dash–2 amendments. 

097

Wood

Responds.

109

Chair Messerle

Asks if a city has irrigated and grown crops on farmland they have purchased and sells crops off that land, does that keep the land on the tax rolls.

114

Whitman

Responds.

118

Schellenberg

Explains further.

136

Ken Yates

Oregon Food Processors Council.  Testifies in favor of the dash-1 amendments.  The dash-2 amendments do not resolve the issues.

178

Willie Tiffany

League of Oregon Cities.  Testifies in support of dash-1 amendments with some technical changes.  Testifies in opposition to the dash–2 amendments.

261

Mark Yeagel

Chair, Oregon Association of Clean Water Agencies.  Also City of Albany.  Addresses alternatives tasks and other issues.  Testifies in favor of SB 212.

348

Chair Messerle

Asks Tiffany about process of using the reclaimed water.

353

Tiffany

Explains.

419

Kathryn VanNatta

Governmental Affairs Manager, Northwest Pulp and Paper.  Testifies in opposition of both dash-1 and dash-2 amendments.  Submits written testimony (EXHIBIT A).

456

Chair Messerle

Asks if she supports the dash–1 amendments but not the dash–2 amendments.

457

VanNatta

Responds that neither addresses the concerns of industry.

491

Chair Messerle

Notes that the dash–2 amendments have emergency clause, but the dash-1 amendments do not.  Asks if that will be a problem.

497

Yates

Would favor the emergency clause on the dash–1 amendments.

501

Chair Messerle

Asks if they can do it in the House rather than hold it up tonight.

503

Yates

Agrees.

506

Chair Messerle

Closes public hearing on SB 212.  Opens work session on SB 212.

SB 212, WORK SESSION

TAPE 98, B

035

Sen. Deckert

MOTION:  Moves to ADOPT SB 212-1 amendments dated 4/17/01.


 

037

Sen. Deckert

VOTE:  4-2

AYE:               4 - Atkinson, Deckert, Fisher, Messerle

NAY:               2 - Beyer R, Burdick

EXCUSED:     1 – Shields

 

Chair Messerle

The motion CARRIES.

049

Sen. Deckert

MOTION:  Moves SB 212 to the floor with a DO PASS AS AMENDED recommendation.

050

Chair Messerle

Explains vote.

063

Sen. Atkinson

Explains his vote. 

074

Sen. Burdick

Expresses concerns about adequate protection for farmland.

084

Sen. R. Beyer

Expresses support for food-processing companies.  Supports bill, but wanted different amendments. 

114

Sen. Fisher

Agree with comments and expresses frustration.

117

Chair Messerle

Comments that fish processing is faced with same thing.  Forces processors to larger cities because smaller cities can’t deal with waste processing.

131

Sen. Deckert

VOTE:  5-1

AYE:               5 - Atkinson, Beyer R, Deckert, Fisher, Messerle

NAY:               1 – Burdick

EXCUSED:     1 – Shields

135

Chair Messerle

The motion CARRIES.

SEN. DECKERT will lead discussion on the floor.

137

Chair Messerle

Closes work session on SB 212.  Opens public hearing on SB 172.

SB 172 – PUBLIC HEARING

148

Ann Hanus

Division of State Lands.  Testifies in favor of  SB 172 and submits written testimony (EXHIBIT C).

175

Eric Metz

Division of State Lands.  Testifies in favor of bill with dash-3 amendments.  Describes dash-3 amendments. 

304

Chair Messerle

Expresses concern the bill removes agricultural exemption as in past.  Asks if the statewide permit gives more protection.

314

Metz

Responds.

318

Chair Messerle

Asks if the permit is in place by next legislative session, would that give more protection.

327

Hanus

Responds.

371

Chair Messerle

Asks if we are successful with general permit, and person is in compliance with that permit, then a third party lawsuit would have to deal with whoever issued permit, not with landowner.

382

Hanus

Explains.

392

Chair Messerle

States for the record that his motivation for this is that he doesn’t want to go through same type of process as with Oregon Salmon Plan.  Let legislature move forward with the whole package.

417

Sen. R. Beyer

Asks if Kerivan is here.

431

John Oshel

Association of Oregon Counties.   Testifies in support of this bill.

TAPE 99, B

025

Glen Stonebrink

Oregon Cattlemen’s Association.  Testifies in support of the idea, but doesn’t want it to be more difficult for farmers.  Raises concerns with the dash-3 amendments.

058

Chair Messerle

Reiterates that the general permit should be in place before we move forward with this process.  Need to get federal agencies’ approval.

066

Stonebrink

Responds that the Corps of Engineers seems willing to be less involved but he would like to see more clarity.

076

Tom Quintal

Oregon Independent Miners.  Testifies in support of SB 172.  It would eliminate confusion in the process.

119

Sen. R. Beyer

Asks about the 50 cubic yard requirements on page 9.

136

Stonebrink

Answers and asks for statistically valid science to comply with standards.

152

Chair Messerle

Asks if the DEQ already has restrictions on it.

154

Oshel

Responds and explains.

168

Chair Messerle

Agrees it has been his experience.

171

Sen. R. Beyer

Asks about the farm exemption.

174

Oshel

Explains.

190

Chair Messerle

Notes that most of the 50 cubic yard exemptions were in critical habitat, and lost the exemption. 

203

Pete Test

Oregon Farm Bureau.  Testifies that they need to know what federal government wants done.  Expresses reservations about push-up dams.

272

Lyn Mattei

Sierra Club.  Testifies in opposition to bill and submits written testimony (EXHIBIT E).

350

Mattei

Continues and refers to submitted written material.  Refers to two letters, which will be submitted later (EXHIBITS F, G, H, I, J).

TAPE 100, A

041

Robin Hartmann

Oregon Shores Conservation Coalition.  Testifies in opposition and submits written testimony (EXHIBIT K).

073

Liz Frenkel

Testifies in opposition. 

138

Chair Messerle

Comments he doesn’t expect it to work unless federal government agrees.

143

Frenkel

Responds.

152

Bob Kerivan

Cave Junction.  Testifies in opposition.  Speaks of proposed amendments.  Small ranchers do not have money or time to become involved in 120-day permitting process.  Submits written material (EXHIBIT L).

395

Sen. Fisher

Asks what the permits are going to cost.

398

Chair Messerle

Responds that they haven’t gone that far.

401

Sen. Fisher

Asks about his proposed amendments regarding the penalty not applying to removal.

415

Kerivan

Responds.  These are the clean water act exemptions.

424

Sen. Fisher

Asks why the penalty doesn’t apply to unlawful removal.

427

Kerivan

Explains.

448

Sen. Fisher

Asks why they are not penalized for unlawful removal.

450

Kerivan

Responds.

463

Chair Messerle

Adjourns public hearing on SB 172. Opens public hearing on SB 579.

SB 579 – PUBLIC HEARING

478

Judith Callens

Committee Administrator.  Presents bill and dash-2 amendments.

Tape 101, A

025

Jerry Schmidt

Oregon Groundwater Association.  Testifies in favor of bill and the dash–2 amendments. 

038

Sen. R. Beyer

Asks if his constituents will be upset.

044

Schmidt

Responds.

059

Sen. Fisher

Asks if more well drilling has been involved.

061

Schmidt

Affirms.

063

Tom Byler

Water Resources Department.  Testifies in favor of bill and amendments.

075

Chair Messerle

Closes public hearing on SB 579.  Advises SB 17, 18 and 46 will not be heard today.

088

Chair Messerle

Adjourns meeting at 7:45 p.m.

 

Submitted By,                        Reviewed By,

 

 

 

Patricia Nielsen,                        Judith Callens,

Committee Assistant                        Committee Administrator

 

EXHIBIT SUMMARY

 

A – SB 212, written testimony, Kathryn VanNatta, Northwest Pulp and Paper, 12 pp

B – SB 212, written testimony, Michael Collmeyer, 1000 Friends of Oregon, 1 p

C – SB 172, written testimony, Ann Hanus, Division of State Lands, 1 p

D – SB 172, written testimony, Tom Quintal, Oregon Independent Miners, 1 p

E – SB 172, written testimony, Lyn Mattei, Sierra Club, 2 pp

F – SB 172, letter, Gary Gustafson, Division of State Lands, 3 pp

G – SB 172, letter, William Cook, Oregon Department of Justice, 3 pp

H – SB 172, letter, Gary Gustafson, Division of State Lands, 2 pp

I – SB 172, letter, Douglas DuPriest, 2 pp

J – SB 172, letter, Adrianne Allen, U.S. Environmental Protection Agency, 2 pp

K – SB 172, written testimony, Robin Hartmann, Oregon Shores Conservation Coalition, 2 pp

L – SB 172, written testimony, Robert Kerivan, 4 pp