SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

 

 

April 25, 2001 Hearing Room B

8:00 AM Tapes 108 - 109

 

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

Cheryl Young, Committee Assistant

 

MEASURE/ISSUES HEARD:            SB 869, Work Session

                                                SB 870, Work Session

                                                SB 957, Public Hearing

                                                SB 644, Public Hearing and Work Session

                                                SB 944, Public Hearing

                                                HB 3811A, Public Hearing and Work Session

HB 2967, Work Session

HB 3239, Public Hearing and Work Session

HB 3586, Public Hearing and Work Session

                                                HJM 15,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 108, A

005

Chair Messerle`

Opens meeting at 8:07 am. Opens work session on SB 869.

SB 869, WORK SESSION

011

Staff

Summarizes SB 869.

032

Sen. Atkinson

MOTION:  Moves SB 869-2 to the floor with a DO PASS recommendation.

033

 

VOTE:  5-0

EXCUSED:  2 - Sen. Burdick, Sen. Deckert

 

Chair

Hearing no objection, declares the motion CARRIED.

035

Sen. Atkinson

MOTION:  Moves SB 869 to the floor with a DO PASS AS AMENDED recommendation.

037

Sen. Fisher

Asks if they are bypassing the –1 amendments.

038

Staff

Responds that the –2 amendments are all that are needed to accomplish the committees objectives.

041

 

VOTE:  5-0

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

EXCUSED:  2 - Sen. Burdick, Sen. Deckert

 

Chair

The motion CARRIES.

SEN. ATKINSON will lead discussion on the floor.

046

Chair Messerle

Closes work session on SB 869. Opens work session on SB 870.

SB 870, WORK SESSION

047

Staff

Summarizes SB 870.

068

Chair Messerle

Invites testimony.

079

Tom Byler

Water Resources Department. Testifies that the department supports the –2 amendments.

094

Richard Kosesan

Water for Life. Has questions regarding in-stream flows.

110

Byler

Responds regarding transfer regarding subsections C and D.

126

Sen. Atkinson

MOTION:  Moves SB  870-2 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

EXCUSED:  1 - Sen. Deckert

 

Chair

Hearing no objection, declares the motion CARRIED.

130

Sen. Atkinson

MOTION:  Moves SB 870 to the floor with a DO PASS AS AMENDED recommendation.

132

Sen. Fisher

Asks if this still has a sunset.

140

Byler

Responds to question regarding sunset.

150

 

VOTE:  6-0

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

EXCUSED:  1 - Sen. Deckert

 

Chair

The motion CARRIES.

SEN. ATKINSON will lead discussion on the floor.

 

Chair

Closes work session on SB 870. Opens public hearing on SB 957.

SB 957, PUBLIC HEARING

157

Staff

Summarizes SB 957.

182

Sen. Fisher

Asks why DOGME is not included.

183

Staff

Responds.

199

Bruce Miller

State Court Administrative Office. Testifies in support of this bill.

207

Richard Shepard

President of Applied Ecosystem Services, Inc. Speaks in support of

SB 957. Submits written testimony. (EXHIBIT A).

270

Chair Messerle

States that is was the intent when they drafted the bill. They are trying to reduce the effect of a fiscal impact.

281

Larry Cooper

Oregon Department of Fish & Wildlife. Speaks in support of SB 957.

292

Chair Messerle

Makes comment regarding possible permits in the future that should be included in this process. Closes the  public hearing on SB 957. Opens public hearing on SB 644.

SB 644, PUBLIC HEARING

309

Staff

Summarizes SB 644.

338

Scott Aschom

Representing the Oregon Association of Nurserymen. Speaks in support of SB 644.

380

Martha Pagel

Attorney representing the Oregon Association of Nurserymen. Notes that she is here to answer any questions the committee may have.

388

Tom Byler

Water Resources Department. Testifies in support of the –3 and –4 amendments. Submits written testimony. (EXHIBIT B).

500

Karen Russell

WaterWatch of Oregon.  Exhibit C. States concerns regarding amendments. Opposes –3 and –4 amendments. Provides proposed amendments.

Tape 109, A

042

Russell

Continues testimony.  Submits written testimony. (EXHIBIT C).

110

Sen. Deckert

Asks Mr. Byler what his feelings are on the proposed amendments by Ms. Russell.

117

Byler

Responds to question.

149

Sen. Deckert

Asks if this would allow or instruct the commission to take a look at an individual agricultural user.

156

Byler

Responds that it would allow the commission to do that.

162

Russell

Relates further comments.

173

Sen. Shields

Asks Mr. Byler how much they are willing to negotiate with WaterWatch.

178

Byler

Responds.

198

Sen. Deckert

Questions the word “allow” in the amendments.

211

Chair Messerle

States that he wants to move this bill out today and does not want to unduly create problems.

218

Chair Messerle

Closes public hearing on SB 644. Opens work session on SB 644.

SB 644, WORK SESSION

221

Sen. R. Beyer

MOTION:  Moves SB  644-4 to the floor with a DO PASS AS AMENDED recommendation.

223

Sen. Shields

Asks for clarification on the implications of this amendment.

231

Chair Messerle

Clarifies.

251

Sen. Beyer

Presents comments regarding WaterWatch’s proposals.

272

Sen. Shields

Asks if WaterWatch is supportive of this bill with the –4 amendments.

278

Karen Russell

Opposed to the –4 amendments as currently proposed.

287

 

VOTE:  7-0

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

 

Chair

The motion CARRIES.

287

Sen. R. Beyer

MOTION:  Moves SB  644 to the floor with a DO PASS recommendation.

289

 

VOTE:  7-0

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

 

Chair

The motion CARRIES.

SEN. R. BEYER will lead discussion on the floor.

296

Chair Messerle

Closes work session on SB 644. Opens public hearing on SB 944.

SB 944, PUBLIC HEARING

300

Staff

Summarizes SB 944.

322

Lon Holston

Association of Western Pulp and Paper Workers. Testifies in support of SB 944. Submits written testimony.  (EXHIBIT D and E).

382

Chair Messerle

Closes public hearing on SB 944. Opens public hearing on HB 3811A.

HB 3811A, PUBLIC HEARING

400

Staff

Summarizes HB 3811A.

413

Bruce Bishop

Attorney on behalf of the Perennial Ryegrass Bargaining Association. Testifies in support of HB 3811A.  (EXHIBIT F).

447

Jim Carnes

Representing the Perennial Ryegrass Bargaining Association. Testifies in support of HB 3811. Submits written testimony. (EXHIBIT G).

Tape 108, B

077

Jim Mountain

Representing the Perennial Ryegrass Bargaining Association. States he is here to mainly answer questions.

088

Dave Nelson

Executive Secretary of the Oregon Seed Council. Testifies in support of HB 3811A.

104

Jean Wilkinson

Representing the Oregon Farm Bureau. Testifies in support of HB 3811A.

125

Sen. Beyer

Thanks Mr. Carnes for coming forward to testify.

131

Chair Messerle

Closes public hearing on HB 3811A. Opens work session on HB 3811A.

HB 3811A, WORK SESSION

133

Sen. Atkinson

MOTION:  Moves HB 3811A to the floor with a DO PASS recommendation.

134

 

VOTE:  7-0

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

 

Chair

The motion CARRIES.

R. BEYER will lead discussion on the floor.

140

Chair Messerle

Closes work session on HB 3811A. Written testimony is submitted for public record. (EXHIBIT H).  Opens work session on HB 2967.

HB 2967, WORK SESSION

143

Sen. Shields

Discusses his amendments.

173

Roy Hemmingway

Governor’s Natural Resources Office. Bill is trying to strike a balance for public safety regarding cougars, and that the negotiated compromise accomplishes that.

193

Sen. Burdick

Asks if Governor would still support this bill if it only pertained to cougars and not bears.

194

Hemmingway

Responds in the affirmative.

196

Chair Messerle

States that in discussions he insisted that bears continue to be in simply because they are also a threat to homes and around structures.

202

Rod Harder

States that these amendments raise more questions than answer them.

232

Sen. Shields

Referring to Mr. Harder’s comment regarding building on land actively used for agriculture or ranching, he asks if his issues aren’t covered in line 3.

239

Harder

Responds.

255

Chair Messerle

Comments that his concern is protecting safety for human beings.

264

Sen. Shields

Apologizes that the amendments did not get to the committee until 9 a.m. Wants to provide a bill that everyone is happy with, and the Governor seems to be happy with it.

309

Sen. Fisher

Notes that it is his understanding that the –3 amendments were developed by the Governor’s Office.

312

Sen. Atkinson

Makes comments supporting the –4 amendments, and further comments regarding the –5 amendments.

352

Sen. Shields

Asks if there is some way to add them in lines 4-7.

361

Sen. Deckert

Comments that he thought they would fall under agricultural.

363

Sen. Atkinson

States that sometimes one of these structures does not follow the operation of the ranch. They switch structures and what they are used for throughout the year.

382

Sen. Deckert

Asks if they could strike temporary buildings.

387

Chair Messerle

States his concern about someone’s occupation that allows them to protect themselves but not someone who is recreating. And he thinks that’s a dangerous path to go down.

391

Sen. Fisher

States that he is not in support of this.

411

Sen. Shields

MOTION:  Moves HB 2967-5 to the floor with a DO PASS AS AMENDED recommendation.

411

 

VOTE:  3-4

AYE:            3 - Sen. Burdick, Sen. Deckert, Sen. Shields

NAY:            4 - Sen. Atkinson, Sen. R. Beyer, Sen. Fisher, Chair Messerle

 

Chair

The motion Fails.

420

Sen. Beyer

Asks for clarification regarding the bill with the –3 amendments.

425

Sen. R. Beyer

MOTION:  Moves HB 2967-3 to the floor with a DO PASS AS AMENDED recommendation.

428

Sen. Shields

States he is sorry the amendments did not strike a balance. He is still concerned that with the issue of structures, and unless they can amend it, it may get a veto and he would like to continue to work on the bill.

451

Chair Messerle

Comments he believes this was originally the Governor’s bill, and the only thing the House added was the bear-cougar part, and that he has received no indication that that was not acceptable to the Governor.

466

Hemmingway

Responds to issue.

488

Sen. Fisher

Comments that he resents that his rights to self-protection are taken away just because he wants to do some recreation.

506

Sen. Shields

Asks if that isn’t already covered.

507

Chair Messerle

Feels that it clouds the issue.

Tape 109, B

038

Chair Messerle

Asks if the Governor will support the bill with the –3 amendments.

042

Hemmingway

Responds.

049

Chair Messerle

Asks if it came from the Governor himself.

050

Hemmingway

Responds.

065

 

VOTE:  5-2

AYE:            5 - Sen. Atkinson, Sen. R. Beyer, Sen. Deckert, Sen. Fisher, Chair Messerle

NAY:            2 - Sen. Burdick, Sen. Shields

 

Chair

The motion Carries.

SEN. R. BEYER will lead discussion on the floor.

072

Sen. Deckert

States he wishes to change his vote.

076

Sen. R. Beyer

MOTION:  Moves to SUSPEND the rules for the purpose of TO REOPEN THE WORK SESSION FOR VOTE CHANGE ON HB 2967.

 

 

VOTE:  7-0

 

Chair

Hearing no objection, declares the motion CARRIED.

080

Sen. R. Beyer

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow SEN. DECKERT to CHANGE vote from AYE to NAY on HB 2967-3.

081

Chair Messerle

Closes work session on HB 2967. Opens public hearing on HB 3239.

HB 3239, PUBLIC HEARING

090

Staff

Summarizes HB 3239.

106

Chair Messerle

Closes public hearing on HB 3239. Opens public hearing on HB 3586.

HB 3586, PUBLIC HEARING

111

Staff

Summarizes HB 3586.

115

Larry Cooper

Speaks in support of HB 3586.

130

Chair Messerle

Closes public hearing on HB 3586. Opens work session on HB 3586.

HB 3586, WORK SESSION

132

Sen. Atkinson

MOTION:  Moves HB 3586A to the floor with a DO PASS recommendation.

133

 

VOTE:  6-0

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

EXCUSED:  1 - Sen. Burdick

 

Chair

The motion CARRIES.

SEN. DECKERT will lead discussion on the floor.

147

Chair Messerle

Closes work session on HB 3586. Re-opens public hearing on HB 3239.

HB 3239, PUBLIC HEARING

151

Staff

Summarizes HB 3239.

154

Charles Stern

Yamhill County Clerk. Testifies in support of HB 3239.

188

Sen. Beyer

Asks if this bill will conflict with bill from Business and Labor using permanent ink on mylar plats.

195

Stern

Responds to issue.

207

Sen. Beyer

Asks if any of the statutes were amended by the bill.

209

Stern

Responds.

215

Sen. Beyer

States he just wanted to make sure nothing was undone.

219

Chair Messerle

Closes public hearing on HB 3239. Opens work session on HB 3239.

HB 3229, WORK SESSION

221

Sen. Shields

MOTION:  Moves HB 3239 to the floor with a DO PASS recommendation.

222

 

VOTE:  7-0

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

 

Chair

The motion CARRIES.

SEN. SHIELDS will lead discussion on the floor.

232

Sen. Shields

MOTION:  Moves to SUSPEND the rules for the purpose of TO ALLOW SEN. BURDICK TO VOTE ON SB 869.

 

 

VOTE:  7-0

 

Chair

Hearing no objection, declares the motion CARRIED.

237

Sen. Shields

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow SEN. BURDICK to BE RECORDED as voting AYE on SB 869.

 

 

VOTE:  7-0

 

Chair

Hearing no objection, declares the motion CARRIED.

239

Sen. Shields

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow SEN. DECKERT to BE RECORDED as voting AYE on SB 869 and SB 870.

242

Chair Messerle

Closes work session on SB 870.

247

Sen. Shields

States for the record that he spoke with folks in the Governor’s Office and they are considering a Minority Report on HB 2967.

251

Chair Messerle

So noted. Opens public hearing on HJM 15.

HJM 15, PUBLIC HEARING

255

Staff

Summarizes HJM 15.

274

Rep. Knopp

Representing District 15. Speaks of double taxation. Testifies in favor of this bill. Urges the committee to not create new fees.

333

Sen. Fisher

Asks why snow parks are not included.

336

Knopp

Responds that he opposed the increase in the snow park fee in the last session, and wanted to focus on this part of the bill.

350

Sen. Fisher

Asks if it abolishes camping fees in the improved parks.

351

Knopp

Responds that it does not and expands on explanation.

381

Chair Messerle

Asks if this memorial would include the Forest Service on the coast.

382

Knopp

Responds.

393

Sen. Atkinson

States that he strongly supports this bill. He feels that the public land fee is outrageous. Asks what the average cost of RV camping is.

411

Knopp

Responds that it is close to $20.

412

Sen. Atkinson

Comments that with the potential drought and probably the biggest fire season ever, the USFS is combining offices and laying off people. States that this fee doesn’t come close to fixing that problem.

437

Sen. Fisher

Comments that his thoughts are similar to Sen. Atkinson’s.

457

Knopp

States that he doesn’t believe that would affect that.

461

Chair Messerle

Closes public hearing on HJM 15.  Open work session on HJM 15.

HJM 15, WORK SESSION

464

Sen. Atkinson

MOTION:  Moves HJM 15 be sent to the floor with a BE ADOPTED recommendation.

467

 

VOTE:  6-0

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

EXCUSED:  1 - Sen. Shields

 

Chair

The motion CARRIES.

SEN. ATKINSON will lead discussion on the floor.

480

Chair Messerle

Closes work session on HJM 15. Adjourns meeting at 9:57 a.m.

 

Submitted By,                        Reviewed By,

 

 

 

Cheryl Young,                        Judith Callens,

Committee Assistant                        Committee Administrator

 

EXHIBIT SUMMARY

 

A – SB 957, written testimony,  Richard Shepard, 2pp.

B –SB 644, written testimony,  Tom Byler, 12pp.

C –SB 644, written testimony,  Karen Russell, 5pp.

D – SB 944, written testimony,  Lon Holston, 2pp.

E – SB 944 & SB 945, written testimony,  Denny Scott, 4pp.

F – HB 3811, written testimony,  Bruce Bishop, 3pp.

G – HB 3811, written testimony,  Jim Carnes, 4pp.

H – HB 3811, written testimony submitted for public record, 3pp.

I -  SB 957-1, proposed amendments, 2pp.

J – SB 944-1, proposed amendments, 2pp.

K –HB 2967-4 & -5 proposed amendments, 2pp.

L – SB 869-2, proposed amendments, 3pp.

M – SB 870-2, proposed amendments, 8pp.

N – SB 644-4, proposed amendments, 2pp.