SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

 

 

April 30, 2001 Hearing Room B

8:00 am  Tapes  112 – 113

 

MEMBERS PRESENT:            Sen. Ken Messerle, Chair

Sen. Frank Shields, Vice-Chair

Sen. Jason Atkinson

Sen. Roger Beyer

Sen. Ryan Deckert

Sen. Bill Fisher

 

MEMBER EXCUSED:             Sen. Ginny Burdick

 

STAFF PRESENT:                  Judith Callens Committee Administrator

Cheryl Young, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2712 A, Public Hearing and Work Session

                                    ,            HB 2604 A, Public Hearing

                                                SB 957Work Session

                                                HB 2606 A, Public Hearing

                                                HB 2790, Public Hearing

                                                HB 2795, Public Hearing

                                                HB 2163 A, 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 112, A

005

Chair Messerle

Opens meeting at 8:08 a.m. Opens public hearing on HB 2712A.

HB 2712, PUBLIC HEARING

007

Staff

Summarizes HB 2712A.

022

Paul Cleary

Director, Water Resources Department. Speaks in support of

HB 2712A.  Submits written testimony. (EXHIBIT A).

052

Sen. Atkinson

Asks how often does Mr. Cleary anticipate this being used.

055

Cleary

Responds to question.

065

Sen. Atkinson

Asks if temporary is defined in this bill.

068

Cleary

Responds.

079

Sen. Atkinson

Asks if a person’s water rights would be in jeopardy, if he enters into a split after 11 years.

087

Cleary

Responds to question.

092

Chair Messerle

Closes public hearing on HB 2712A. Opens work session on

HB 2712A.

HB 2712A, WORK SESSION

097

Sen. Atkinson

MOTION:  Moves HB 2712A to the floor with a DO PASS recommendation.

098

 

VOTE:  6-0

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

EXCUSED:  1 - Sen. Burdick

 

Chair Messerle

The motion CARRIES.

SEN. ATKINSON will lead discussion on the floor.

103

Chair Messerle

Closes work session on HB 2712A. Opens public hearing on

HB 2604A.

HB 2604A, PUBLIC HEARING

106

Staff

Summarizes HB 2604A.

153

Chuck Craig

Deputy Director, Department of Agriculture. States that they are confused with the meaning of some of the amendments. Asks for clarification on the language of the amendments.

204

Chris Kirby

Oregon Department of Agriculture, serving as Supervisor of the Pesticides Division.  Specifies further questions regarding a section of the amendment.

220

Gil Riddell

Association of Oregon Counties. States his concerns, and asks for time to review the amendments.

228

Sen. Deckert

Asks where the department is with regards to the pesticide-tracking program and the funding of that program.

234

Craig

Responds to question.

250

Sen. Deckert

Asks for some level of assurance that this will be funded before the end of this session.

257

Craig

Responds that the decision is up to the legislators.

260

Sen. Deckert

States he is looking for any insights they may have into the Ways and Means process.

265

Craig

Responds.

276

Chair Messerle

Asks if it is correct that if you have a commercial sprayers license, you cannot apply on your own land without a  private license.

283

Craig

Responds that they are evaluating and changing the policy.

291

Chair Messerle

Asks if they can do that administratively.

292

Craig

Agrees.

293

Sen. Shields

Asks for clarification regarding the time limit.

297

Craig

Responds.

300

Chair Messerle

Adjourns public hearing on HB 2604A. Opens work session on

SB 957.

SB 957, WORK SESSION

319

Staff

Summarizes SB 957.

378

Sen. R. Beyer

MOTION:  Moves SB 957-3 to the floor with a DO PASS recommendation.

379

 

VOTE:  6-0

EXCUSED:  1 - Sen. Burdick

 

Chair

Hearing no objection, declares the motion CARRIED.

382

Sen. R. Beyer

MOTION:  Moves SB 957 to the floor with a DO PASS AS AMENDED recommendation.

385

Sen. Deckert

Asks if the –3 amendments have had public hearings.

388

Chair Messerle

Responds they have not, but they have not changed much and have been in contact with the Department of Transportation.

391

 

VOTE:  6-0

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

EXCUSED:  1 - Sen. Burdick

 

Chair Messerle

The motion CARRIES.

SEN. MESSERLE will lead discussion on the floor.

399

Chair Messerle

Adjourns work session on SB 957. Opens public hearing on

HB 2606A.

HB 2606A, PUBLIC HEARING

403

Staff

Summarizes HB 2606A.

420

Chuck Craig

Deputy Director Department of Agriculture. Offers comments and clarification. States it is not their bill.

467

Chair Messerle

Asks if this applies to other public entities.

473

Craig

Responds.

482

Chair Messerle

Closes public hearing on HB 2606A. Opens work session on

HB 2606A.

487

Sen. Atkinson

MOTION:  Moves HB 2606A to the floor with a DO PASS recommendation.

490

 

VOTE:  6-0

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

EXCUSED:  1 – Sen. Burdick

 

Chair Messerle

The motion CARRIES.

SEN. SHIELDS will lead discussion on the floor.

498

Chair Messerle

Closes work session on HB 2606A. Opens public hearing on HB 2790.

Tape 113, A

HB 2790, PUBLIC HEARING

033

Staff

Summarizes HB 2790.

 

Kristina McNitt

Representing the Oregon Water Resources Congress. Speaks in support of HB 2790. Submits written testimony and proposed amendments to HB 2790-1. (EXHIBIT B).

085

Chair Messerle

Asks where the amendments came from.

088

McNitt

Clarifies for committee.

091

Chair Messerle

States the rules requiring 48 hours before they can act on them.

095

Staff

Clarifies request regarding amendments.

101

Sen. Beyer

Asks if that is a request or the rule.

102

Staff

Responds that they have the option to suspend the committee rules.

103

Chair Messerle

States he would be open to suspending the rules.

103

McNitt

Thanks the committee.

107

Sen. Beyer

Has a question regarding section 3.

113

McNitt

Responds to question.

116

Sen. Beyer

States that he is concerned about the language.

125

Chair Messerle

States that Sen. Beyer raises a great point.

127

McNitt

Makes further comments.

130

Chair Messerle

Asks if they want clarification before voting.

131

Sen. Beyer

Responds that he wants to know before voting to approve the language.

139

Chair Messerle

Closes public hearing on HB 2790. Opens public hearing on HB 2795.

HB 2795, PUBLIC HEARING

150

Staff

Summarizes HB 2795.

156

Kristina McNitt

Representing the Oregon Water Resources Congress. Speaks in support of this bill.  Submits written testimony. (EXHIBIT C).

196

Sen. Fisher

Asks if it would allow them to do that as well as pay for it.

198

McNitt

Responds.

224

Chair Messerle

Asks if they can form districts,do they have to be in the same drainage basin.

228

McNitt

Responds she does not know.

231

Chair Messerle

Notes that his guess is that they are.

238

McNitt

Responds that she would have to research that.

250

Richard Kosesan

Water for Life. Responds to previous question.

254

Chair Messerle

Closes public hearing on HB 2795. Opens work session on HB 2795.

256

Sen. Atkinson

MOTION:  Moves HB 2795 to the floor with a DO PASS recommendation.

259

 

VOTE:  6-0

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

EXCUSED:  1 – Sen. Burdick

 

Chair Messerle

The motion CARRIES.

SEN. DECKERT will lead discussion on the floor.

270

Chair Messerle

Closes work session on HB 2795. Opens public hearing on HB 2163A.

HB 2163A, PUBLIC HEARING

276

Staff

Summarizes HB 2163A.

307

Sen. Beyer

Question for staff regarding bill stating that it does not require any more leave trees to be left, just that it gives the Dept. of Forestry the ability to say which trees are going to be left as leave trees. States he is concerned about the fiscal and asks for clarification.

323

Keith Mills

Staff Geotechnical Engineer with the Department of Forestry and Forest Practices Program. Speaks to the amendments on HB 2162. Speaks in support of this amendment.

364

Sen. Beyer

Refers to fiscal, and asks that it be clarified.

374

Staff

Will report back.

378

Sen. Fisher

Asks a question regarding the leave tree sizes.

396

Mills

Responds.

406

Sen. Fisher

Asks if there is any provision to pay the landowner the difference.

408

Mills

States that there is no such provision.

410

Sen. Fisher

Asks if he is correct that the Department gets repaid, but the landowner does not.

415

Mills.

Replies that he doesn’t understand the question.

417

Fisher

Restates his question.

426

Mills

Responds to issue.

444

Sen. Fisher

Asks if they can amend this for further clarification.

462

Chair Messerle

Asks if the Dept of Forestry requires numbers of trees as opposed to the volume of timber.

468

Mills

Responds to question.

480

Sen. Fisher

States his objections.

501

Mills

States that the Board will consider this issue.

Tape 112, B

045

Sen. Fisher

Makes further comments regarding the intent of the Department of Forestry, but is hesitant in allowing that kind of latitude on something like this.

052

Sen. Deckert

Asks if it’s the Department’s position that this would have a beneficial impact on small stream water quality.

055

Mills

Responds to question.

061

Sen. Deckert

Asks for clarification regarding the effects of –2 amendments by adding that provision.

064

Mills

Responds to question.

078

Sen. Deckert

Asks how he would answer the concern of this having an adverse effect on water quality in small fish bearing streams and non-fish bearing streams.

083

Mills

States that he does not know specifics of that concern.

091

Sen. Beyer

States his concerns regarding species of trees and rapidly moving landslides. Feels that “rapidly moving landslides” is an inadequate definition.

124

Chair Messerle

Asks Sen. Beyer if he wishes to declare a conflict, as well as himself.

126.

Sen. Beyer

He will declare a conflict when they vote on it.

128

Sen. Fisher

Has questions regarding acreage and if there is a definition of small streams.

141

Mills

Responds that they are defined in Forest Practices rules.

145

Sen. Beyer

Thought it is defined under drainage size that defines small, medium or large.

148

Mills

States that it depends on the flow.


 

156

Sen. Fisher

Comments that previous evidence in the 1996 aftermath that having big trees on a potential landslide area was dangerous from the weight of the timber that also caused increased chance of landslide.

166

Sen. Deckert

States he is trying to picture this potential landslide area, that it would be more helpful to have more mature trees in terms of stopping some of the sediment flow into the stream.

176

Mills

Responds that the trees would be left along the path of the landslide.

184

Sen. Deckert

Asks for further clarification.

194

Mills

Responds and clarifies.

209

Sen. Deckert

Asks if he is correct in that it may be helpful to prevent sediments from mature trees, but they are not clear on what the effect would be, so we want to use this as a case study.

218

Mills

Responds that they need to look at it through adaptive management.

236

Sen. Fisher

Thought object of leave trees was for animals, and is confused on this issue.

251

Chair Messerle

States that he would be interested in discussions of a task force with the Department of Forestry in regards to understanding the need for woody debris. Asks if there was a discussion on the negative impacts of woody debris.

276

Mills

Responds to issues.

309

Matthew Mortiz

Representing the Audubon Society of Portland. Speaks in opposition to this bill. Submits written testimony. (EXHIBIT D).

324

Mary Scurlock

Representing  the Pacific Rivers Council. Speaks in opposition to this bill. Submits written testimony. (EXHIBIT E).

480

Ray Wilkinson

Oregon Forestry Industry Council. Strongly supports this bill.

Tape 113, B

040

Greg Miller

Government Affairs Manager, Weyerhauser Company. Speaks in support of this bill.

062

Chair Messerle

Asks if they want to speak to the question regarding landowner reimbursement.

066

Miller

Responds to question.

091

Sen. Beyer

Asks if they support the amendment as drafted.

092

Miller

Responds that they would.

093

Chair Messerle

Asks if the National Marine Fisheries Service participated in any official way in their work group.

094

Wilkinson

Responds to question.

122

Chair Messerle

Asks if there was any discussion regarding his concerns of woody debris.

125

Wilkinson

Responds.

135

Chair Messerle

Asks question regarding standards and research.

141

Wilkinson

Responds to question.

152

Chair Messerle

Asks if there is any tie between water temperature and the amount of debris in the streams.

157

Wilkinson

Responds to question.

164

Chair Messerle

Asks if there has been any monitoring.

171

Sen. Deckert

Asks question regarding continuous buffers and the Washington statute.

175

Miller

Responds to questions.

207

Deckert

Asks why they can’t have continuous buffers on our small waterways.

209

Wilkinson

Responds to issue.

219

Sen. Deckert

Asks if that is what Washington has.

220

Wilkinson

Responds.

232

Chair Messerle

Closes public hearing on HB 2163A and will bring this back for public hearing and work session on Wed., April 2, 2001. Adjourns meeting at 9:47 a.m.

 

Submitted By,            Reviewed By,

 

 

 

Cheryl Young,            Judith Callens,

Committee Assistant            Administrator

 

EXHIBIT SUMMARY

 

A – HB 2712A, written testimony,  Paul Cleary, 4pp.

B – HB 2790, written testimony with amendment, Kristina McNitt, 3pp.

C – HB 2795, written testimony,  Kristina McNitt, 2pp.

D – HB 2163, written testimony,  Matthew Moriter, 2pp.

E – HB 2163, written testimony,  Mary Scurlock, 12pp.