SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

April 20, 2001 Hearing Room B

8:00 AM Tapes 102 - 105

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 724 –Work Session

SB 579 – Work Session

SB 644 – Public Hearing

SB 869 – Public Hearing

SB 870 – Public Hearing

SB 172 – Public Hearing and Work Session

HB 2051 A – Public Hearing and Work Session

HB 2165 – Public Hearing and Work Session

HB 2224 – Public Hearing and Work Session

HB 2967 – 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 102, A
005	Chair Messerle	Opens meeting at 8:10 a.m.
010	Chair Messerle	Opens work session on SB 724.
SB 724 – WORK SESSION
015	Jennifer Solomon	Committee Administrator. Presents bill and dash-3 amendments.
020	Sen. Atkinson	MOTION: Moves to ADOPT SB 724-3 amendments dated 4/18/01.
025	Vice-chair Shields	Asks whether the dash-3 amendments remove the objections of the Department of Land Conservation and Development (DLCD) and 1000 Friends of Oregon.
030	Sen. Atkinson	Responds.
035	Sen. Deckert	Asks about medical hardship permit.
040	Sen. Atkinson	Responds.
045		VOTE: 6-0
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
050	Sen. Atkinson	MOTION: Moves SB 724 to the floor with a DO PASS AS AMENDED recommendation.
052		VOTE: 6-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Burdick
	Chair Messerle	The motion CARRIES. Sen. ATKINSON will lead discussion on the floor.
055	Chair Messerle	Closes work session on SB 724. Opens work session on SB 579.
SB 579 – WORK SESSION
060	Judith Callens	Committee Administrator. Presents bill and dash–2 amendments. Discusses fiscal and revenue impact.
065	Sen. R. Beyer	MOTION: Moves to ADOPT SB 579-2 amendments dated 4/18/01.
065		VOTE: 6-0 EXCUSED: 1 - Sen. Burdick
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
080	Sen. R. Beyer	MOTION: Moves SB 579 to the floor with a DO PASS AS AMENDED recommendation.
085		VOTE: 6-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 1 - Sen. Burdick
090	Chair Messerle	The motion CARRIES. SEN. R. BEYER will lead discussion on the floor.
095	Chair Messerle	Closes work session on SB 579. Opens public hearing on SB 869.
SB 869 – PUBLIC HEARING
105	Callens	Advises staff is awaiting documents.
110	Chair Messerle	Closes public hearing on SB 869. Opens public hearing on SB 644.
SB 644 – PUBLIC HEARING
110	Callens	Presents bill and dash-2 amendments.
130	Scott Ashcom	Oregon Association of Nurserymen (OAN). Testifies in favor of bill, dash-1 amendments, dash-2 amendments, and dash-3 amendments. Submits written testimony (EXHIBIT A).
185	Sen. R. Beyer	Asks whether the dash-3 amendments cover all the proposed changes.
190	Martha Pagel	Representing OAN. Testifies in favor of SB 644 and amendments.
200	Sen. Atkinson	Asks about effect on Klamath area.
205	Pagel	Explains.
210	Paul Cleary	Water Resources Department (WRD). Testifies in support of the dash-3 amendments. Submits written testimony (EXHIBIT B).
215	Sen. Burdick	Asks for a response to Sen. Atkinson’s question about impact on Klamath basin.
220	Cleary	Answers.
230	Vice-chair Shields	Asks about water right transfers.
235	Cleary	Responds.
240	Glen Stonebrink	Oregon Cattlemen’s Association. Testifies in support, but raises concerns about moving water rights from agricultural to non-agricultural uses.
265	Cleary	Explains effect on transfers.
270	Sen. R. Beyer	Comments there is no intent to take agricultural water for municipalities.
280	Catherine Koehn	Testifies regarding groundwater.
355	Karen Russell	WaterWatch of Oregon. Testifies in opposition to bill and dash–2 amendments. Submits written testimony (EXHIBIT C).
400	Vice-chair Shields	Asks if dash–3 amendment addresses her concerns.
405	Russell	Answers.
410	Vice-chair Shields	Expresses concern with public comment process.
420	Pete Test	Oregon Farm Bureau. Testifies in support of bill with the dash 1, dash-2 and dash–3 amendments. Need all 3 amendments.
TAPE 103, A
010	Sen. Deckert	Asks about enforcement of water use by WRD.
020	Test	Responds.
070	Richard Kosesan	Water For Life. Testifies in regard to dash–2 amendments and raises concerns.
090	Chair Messerle	Asks Sen. R. Beyer whether the dash-3 amendments cover the concerns which have been expressed.
095	Sen. R. Beyer	Describes.
100	Cleary	Testifies in response to earlier issues.
120	Chair Messerle	Closes public hearing on SB 644. Advises he will bring it back later. Opens public hearing on SB 869 and SB 870.
SB 869 and SB 870 – PUBLIC HEARING
140	Callens	Presents SB 869 bill and dash–2 amendments, which replace original bill. Describes impacts. Presents SB 870 and dash–2 amendments.
225	Willie Tiffany	League of Oregon Cities. Testifies in support of 869 and 870 and proposed amendments. Submits written testimony (EXHIBIT D).
240	Cleary	Testifies in support of 869 and dash–2 amendments.
260	Tom Byler	WRD. Testifies in favor of SB 869 and dash–2 amendments. Testifies in favor of SB 870.
305	Test	Testifies in favor of 870 and dash–2 amendments.
340	Russell	Testifies in favor of 869 and 870 as amended.
380	Chair Messerle	Enters into record 2 letters received from city of Pendleton and 2 letters from Umatilla reservation in support of both bills.
390	Chair Messerle	Adjourns public hearing on SB 869 and SB 870. Opens public hearing on SB 172.
SB 172 – PUBLIC HEARING
400	Callens	Presents bill and dash–3 amendments.
TAPE 102, B
005	Callens	Continues.
025	Louise Solliday	Governor’s office. Testifies in support of bill and the dash-3 amendments.
070	Chair Messerle	Asks about discussions with EPA about funding.
075	Solliday	Responds.
077	Chair Messerle	Asks what additional staff will be needed.
080	Solliday	Describes additional workload.
085	Eric Metz	Division of State Lands (DSL). Testifies in support of bill.
105	Sen. R. Beyer	Asks about interaction between federal and Oregon Endangered Species Act (ESA).
110	Metz	Explains.
115	Sen. Burdick	Asks about civil lawsuits under the federal Clean Water Act (CWA).
120	Solliday	Responds.
125	Rich Angstrom	Oregon Concrete and Aggregate Producers Association (OCAPA), Healthy Streams Partnership. Testifies in support of bill and dash-3 amendments. Provides written material (EXHIBIT H).
225	Chair Messerle	Asks if the 50-cubic yard exemption is given up.
230	Angstrom	Explains.
262	Sen. Deckert	Asks whether anyone from environmental area was in the work group.
265	Angstrom	Describes.
280	Sen. Deckert	Asks why the work group didn’t include anyone from environmental groups.
285	Angstrom	Answers.
300	Sen. Deckert	Asks about protection of isolated wetlands and the ability of the public to object.
310	Solliday	Responds.
320	Metz	Explains further about state-regulated isolated wetlands.
330	Sen. Deckert	Asks what assurance there is that later the state would still have the commitment in SB 172 to protect wetlands.
350	Metz	Responds.
355	Solliday	Explains further.
360	Angstrom	Responds further.
370	Metz	Responds further regarding whether wetland protection is weakened.
400	Vice-chair Shields	Asks about previous testimony, and inadequacy of response to the EPA letter (EXHIBIT H).
TAPE 103, B
010	Metz	Responds and describes attorney general’s opinion.
020	Solliday	Responds further.
030	Angstrom	Responds.
050	Vice-chair Shields	Asks about weakening federal protections.
055	Angstrom	Explains.
070	Vice-chair Shields	Asks for input from the environmental groups present.
080	Sen. R. Beyer	Asks about 1997 bill.
082	Angstrom	Describes.
085	Sen. R. Beyer	Asks what happened to the bill in 1997.
090	Angstrom	Explains it was withdrawn because of a federal court case.
092	Sen. R. Beyer	Inquires about language in section 9 of amendments.
095	Metz	Explains intent.
130	Sen. R. Beyer	Asks about section 10 land use siting.
135	Metz	Describes.
145	Jim Myron	Oregon Trout. Testifies in support of SB 172 as amended by dash-3 amendments. Raises concern whether the state can afford to take over the program.
160	Stonebrink	Testifies in support as amended by dash–3. Raises concerns. Opposes Mr. Keravan’s amendments.
215	Test	Testifies in support of bill with the dash–3 amendments.
240	Chair Messerle	Comments the bill is simply authorizing the Department to find out how to assume the program.
250	Dick Springer	Sierra Club. Refers to Lyn Mattei testimony of Wednesday, April 18. Testifies that citizens of Oregon will lose substantive and procedural rights if bill passes in its current form.
310	Chair Messerle	Comments that his local watershed council has encountered barriers on permitting.
320	Vice-chair Shields	Recommends that environmental groups should be involved in the negotiation when it goes forward.
330	Springer	Responds and raises concerns.
360	Chair Messerle	Closes public hearing on SB 172. Opens work session on SB 172.
SB 172 – WORK SESSION
365	Sen. R. Beyer	MOTION: Moves to ADOPT SB 172-3 amendments dated 4/18/01.
368		VOTE: 6-0 EXCUSED: 1 - Sen. Deckert
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
370	Sen. R. Beyer	MOTION: Moves SB 172 to the floor with a DO PASS AS AMENDED recommendation.
370	Vice-chair Shields	Expresses concerns about the ongoing process and involvement by all interested parties.
375	Sen. Burdick	Expresses her concerns. Advises she will watch it as it moves along.
410	Sen. Atkinson	Comments he will oppose the bill today.
TAPE 104, A
010	Sen. R. Beyer	Comments his support does not mean carte blanche for future action.
015	Chair Messerle	Comments the next legislature will look carefully at the progress made.
020	Callens	Clarifies the legislature needs to approve the grant of authority.
030	Vice-chair Shields	Comments the approval is like a sunset, because legislative approval is required.
035		VOTE: 6-1 AYE: 6 - Beyer R, Burdick, Deckert, Fisher, Shields, Messerle NAY: 1 – Atkinson A motion is made later in the meeting to allow Senator Deckert to cast his AYE vote.
	Chair Messerle	The motion CARRIES. MESSERLE will lead discussion on the floor.
040		Closes work session on SB 172. Opens public hearing on HB 2051 A.
HB 2051A – PUBLIC HEAING
045	Solomon	Presents bill.
055	Chair Messerle	Notes no witnesses have appeared to testify. Closes public hearing on HB 2051 A. Opens work session on HB 2051 A.
HB 2051 A – WORK SESSION
060	Sen. R. Beyer	MOTION: Moves to ADOPT HB 2051A-13 amendments dated 4/11/01.
060		VOTE: 5-0 EXCUSED: 2 - Sen. Atkinson, Sen. Deckert
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
065	Sen. R. Beyer	MOTION: Moves HB 2051A to the floor with a DO PASS AS AMENDED recommendation.
070	Sen. R. Beyer	Declares potential conflict of interest, because he is a Christmas tree grower and a beef producer.
080	Solomon	Reviews dash–13 amendments.
105		VOTE: 5-0 AYE: In a roll call vote, all members present vote Aye. EXCUSED: 2 - Sen. Atkinson, Sen. Deckert
	Chair Messerle	The motion CARRIES. SEN. R. BEYER will lead discussion on the floor.
120	Chair Messerle	Closes work session on HB 2051A. Opens public hearing on HB 2165.
HB 2165 – PUBLIC HEARING
125	Solomon	Presents bill.
130	Ray Craig	Oregon Department of Forestry (ODF). Testifies in favor of bill. Provides written testimony (EXHIBIT I).
175	Vice-chair Shields	Asks how the state forestry program compares with what federal agencies are doing in federal forests. Asks about differences in management.
190	Craig	Responds and explains.
205	Vice-chair Shields	Asks for more information on state forests.
220	Craig	Elaborates.
225	Vice-chair Shields	Asks about location and size of state forests.
230	Craig	Describes origin, location and size of state forests.
260	Vice-chair Shields	Asks about size of federal land holdings.
265	Craig	Responds.
275	Chair Messerle	Closes public hearing on HB 2165. Open work session on HB 2165.
HB 2165 – WORK SESSION
280	Sen. Atkinson	MOTION: Moves HB 2165 to the floor with a DO PASS recommendation.
285		VOTE: 7-0 AYE: In a roll call vote, all members present vote Aye. A motion is made later to allow Sen. Burdick to record her AYE vote.
	Chair Messerle	The motion CARRIES. Sen. SHIELDS will lead discussion on the floor.
290	Chair Messerle	Closes work session on HB 2165. Opens public hearing on HB 2224.
HB 2224 – PUBLIC HEARING
295	Solomon	Presents bill.
300	Roy Elicker	Oregon Department of Fish and Wildlife (ODFW). Testifies in favor, and submits written testimony (EXHIBIT J).
330	Sen. Fisher	Asks about difference between preserves for hunting game birds and for hunting game animals.
340	Elicker	Responds.
350	Catherine Koehn	Testifies in opposition.
380	Sen. Fisher	Comments that deer are not included within language of this bill.
390	Chair Messerle	Closes public hearing on HB 2224. Opens work session on HB 2224.
HB 2224 – WORK SESSION
395	Sen. Atkinson	MOTION: Moves HB 2224 to the floor with a DO PASS recommendation.
398		VOTE: 7-0 AYE: In a roll call vote, all members present vote Aye.
400	Chair Messerle	The motion CARRIES. SEN. ATKINSON will lead discussion on the floor.
405	Chair Messerle	Closes work session on HB 2224. Reopens work session on HB 2165.
HB 2165 - WORK SESSION
405	Sen. Burdick	MOTION: Requests unanimous consent that the rules be SUSPENDED to allow SEN. BURDICK to BE RECORDED as voting AYE on Sen. Atkinson’s previous motion to move HB 2165 to the floor with a do-pass recommendation.
410		VOTE: 7-0
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
412	Sen. Burdick	Casts her AYE vote.
415	Chair Messerle	Closes work session on HB 2165. Reopens work session on SB 172.
SB 172 – WORK SESSION
420	Sen. Messerle	MOTION: Requests unanimous consent that the rules be SUSPENDED to allow SEN. DECKERT to BE RECORDED as voting AYE on Sen. R. Beyer’s previous motion to move SB 172 to the floor with a do-pass as amended recommendation.
		VOTE: 7-0
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
425	Sen. Deckert	Casts his AYE vote.
430	Chair Messerle	Closes work session on SB 172. Opens public hearing on HB 2967.
HB 2967 – PUBLIC HEARING
435	Solomon	Presents bill, dash-1, dash-2, and dash-3 amendments.
TAPE 105, A
030	Elicker	Testifies in support of bill with dash–3 amendments only. Provides written testimony (EXHIBIT K).
050	Sen. Fisher	Asks how structure is defined.
055	Rod Harder	Appearing at request of Chair of House Water and Environment Committee. Explains language. Testifies in favor of bill.
080	Sen. Fisher	Discussion of what structures might be included.
115	Harder	Elaborates.
120	Chair Messerle	Describes types of structures intended to be included.
125	Harder	Elaborates testimony about cougar damage. Supports dash–3 amendments.
150	Sen. Deckert	Asks about bears.
155	Harder	Refers to testimony for SB 716 regarding bear damage. Describes house hearings and testimony.
170	Sen. Fisher	Describes bear experience.
185	Elicker	Describes complaints received by ODFW.
190	Koehn	Testifies in opposition to bill.
235	Chair Messerle	Closes public hearing on HB 2967. Opens work session on HB 2967.
HB 2967 – WORK SESSION
235	Sen. Fisher	MOTION: Moves to ADOPT HB 2967-3 amendments dated 4/4/01.
240	Chair Messerle	VOTE: 5-1 AYE: 5 - Atkinson, Beyer R, Deckert, Fisher, Messerle NAY: 1 – Burdick EXCUSED: 1 – Shields
245	Chair Messerle	The motion CARRIES.
250	Sen. R. Beyer	MOTION: Moves HB 2967 to the floor with a DO PASS AS AMENDED recommendation.

255	Chair Messerle	VOTE: 5-1 AYE: 5 - Atkinson, Beyer R, Deckert, Fisher, Messerle NAY: 1 – Burdick EXCUSED: 1 – Shields
	Chair Messerle	The motion CARRIES. R. BEYER will lead discussion on the floor.
260	Chair Messerle	Closes the work session on HB 2967.
262	Chair Messerle	Adjourns meeting at 10:48 a.m.

Submitted By, Reviewed By,

Patricia Nielsen, Judith Callens,

Committee Assistant Committee Administrator

EXHIBIT SUMMARY

A – SB 644, written testimony, Martha Pagel, Oregon Association of Nurserymen, 6 pp

B – SB 644, written testimony, Paul Cleary, Water Resources Department, 3 pp

C – SB 644, written testimony, Karen Russell, WaterWatch of Oregon, 3 pp

D – SB 869, SB 870, written testimony, Robert Ramig, City of Pendleton, 5 pp

E - SB 869, SB 870, written testimony, Peter Wells, City of Pendleton, 1 p

F - SB 869, written testimony, Antone Minthorn, Confederated Tribes of the Umatilla Indian reservation, 2 pp

G – SB 870, written testimony, Antone Minthorn, Confederated Tribes of the Umatilla Indian reservation, 1 p

H – SB 172, EPA letter of 5-29-96, Rich Angstrom, Health Streams Partnership and Oregon Concrete and Aggregate Producers Association (OCAPA), 2 pp

I – HB 2165, written testimony, Ray Craig, Oregon Department of Forestry, 2 pp

J – HB 2224, written testimony, Roy Elicker, Oregon Department of Fish and Wildlife, 1 p

K – HB 2967, written testimony, Roy Elicker, Oregon Department of Fish and Wildlife, 1 p

L – HB 2967, written testimony, Michelle Blake, 1 p