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