HOUSE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

January 28, 2003 Hearing Room D

1:00 PM Tapes 9 - 11

MEMBERS PRESENT: Rep. Jeff Kropf, Chair

Rep. George Gilman, Vice-Chair

Rep. Kelley Wirth, Vice-Chair

Rep. Elizabeth Terry Beyer

Rep. Donna Nelson

Rep. Patti Smith

MEMBER EXCUSED: Rep. Dave Hunt

STAFF PRESENT: Ray Kelly, Committee Administrator

David Peffley, Committee Assistant

MEASURES HEARD: HB 2179 - Work Session

HB 2195 - Public Hearing and Work Session

HB 2205 - Public Hearing

HB 2241 - Public Hearing

HB 2256 – 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 9, A
003	Chair Kropf	Calls the meeting to order and opens a work session on HB 2179.
HB 2179 – WORK SESSION
016	Ray Kelly	Committee Administrator. Explains the amendment to HB 2179 (EXHIBIT A).
023	Chair Kropf	Offers that the proposed amendment was acceptable to Dean Hal Salwasser, Director of Oregon’s Forest Research Laboratory.
031	Rep. Nelson	MOTION: Moves to ADOPT HB 2179-1 amendments dated 1/27/03.
033		VOTE: 5-0 EXCUSED: 2 - Hunt, Wirth*(see Tape 11A, #048)
045	Chair Kropf	Hearing no objection, declares the motion CARRIED.
064	Chair Kropf	Hearing no objection, declares the motion CARRIED. REP. NELSON will lead discussion on the floor.
050	Rep. Nelson	MOTION: Moves HB 2179 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.
058		VOTE: 6-0 EXCUSED: 1 - Hunt
064	Chair Kropf	Hearing no objection, declares the motion CARRIED. REP. NELSON will lead discussion on the floor.
075	Chair Kropf	Closes the work session on HB 2179 and opens a public hearing on HB 2195.
HB 2195 – PUBLIC HEARING
079	Ray Kelly	Summarizes HB 2195.
088	Stephen Hobbs	Forest Research Laboratory (FRL), Oregon State University (OSU). Submits (EXHIBIT B) and testifies in support of HB 2195 in order to fund ongoing research.
127	Rep. Nelson	Asks if the FRL works in conjunction with Oregon industries.
133	Hobbs	Responds that the FRL works very closely with Oregon industries.
150	Rep. Nelson	States that she hopes that dollars will be kept for future development of Oregon industry.
157	Hobbs	Affirms that the FRL aims to develop Oregon’s economy, industries, and communities.
167	Chair Kropf	Asks for additional information from Clark Seely.
175	Clark Seely	Responds that they have assigned the requested task gathering the requested data and hope to receive the findings very soon.
183	Chair Kropf	Closes the public hearing on HB 2195 and opens a work session on HB 2195.
HB 2195 – WORK SESSION
189	Rep. Beyer	MOTION: Moves HB 2195 to the floor with a DO PASS Recommendation and BE REFERRED to the committee on Revenue by prior reference.
200	Chair Kropf	Hearing no objection, declares the motion CARRIED. REP. BEYER will lead discussion on the floor.
206	Chair Kropf	Closes the work session on HB 2195 and opens a public hearing on HB 2205.
HB 2205 – PUBLIC HEARING
225	Gary Lynch	Oregon Department on Geology and Mining Industries (DOGAMI). Submits (EXHIBIT C) and testifies in support of HB 2205 as it will reduce overall costs.
276	Rep. Smith	Asks if the survey must be conducted annually.
281	Lynch	Responds that it would be done at the time of application, and that this bill is really about accurate boundaries.
299	Rep. Nelson	Asks who validates the boundaries.
304	Lynch	Responds that in the best case scenario, it would be done by a professional surveyor and that mapping is taken seriously.
323	Rep Nelson	Inquires about the surveying process.
328	Lynch	Summarizes the steps in the process.
340	Rep. Gilman	States concern that this process could create duplication.
350	Lynch	Clarifies the land use question and gives the reasons that duplication should not occur.
374	Rep. Smith	Asks for clarification on the wording “other acceptable methods”
378	Lynch	Affirms that we need an amendment to change that language.
398	Rep. Smith	Asks who would decide what is acceptable.
402	Lynch	States that the department would set the standards.
410	Rep. Smith	Asks whether a property owner would be able to hire someone to flag the line themselves.
413	Lynch	States that the property owner would probably be able to do so.
TAPE 10, A
010	Rep Beyer	Asks if the bill would be changing the permit process.
014	Lynch	Confirms that it would not change. Reiterates that the survey would just make the system more efficient.
020	Chair Kropf	Questions the viability of reducing costs.
032	Lynch	Responds that prevention is cheaper than enforcement and that’s where the savings will come.
060	Chair Kropf	Asks how many people will be effected by this.
066	Lynch	States that he doesn’t know, but will find the answer. States that it is a significant number however.
072	Chair Kropf	Asks how much it’s going to cost to comply with the surveys.
074	Lynch	Reiterates that if DOGAMI has the authority given by this bill, the costs will be minimal.
081	Chair Kropf	Asks about fees for this process.
084	Lynch	Doesn’t see any fee as part of the program.
091	Chair Kropf	Expresses concern about costs down the road.
108	Chair Kropf	States appreciation for the goals of this legislation and states a desire to explore it
114	Stephen Kafoury	Testifies in support of HB 2205, but introduces a proposed amendment - (EXHIBIT D).
144	George Cathy	Chairman of the Legislative Committee of the Professional Land Survey of Oregon. Testifies in support of HB 2205 and reaffirms Gary Lynch’s testimony that the surveys are necessary, but also points out that the surveying must be under the direct supervision of a licensed surveyor.
200	Ed Graham	Executive Secretary for the Oregon State Board of Examiners for Engineering and Land Surveying (OSBELLS). Addresses the accountability of those performing the services.
240	Rep. Nelson	Asks if everyone goes through the process whether they own the land or not.
250	Kafoury	Explains the surveying process and the reasons for it.
256	Rep. Nelson	Expresses concern about people doing what they want with their own land.
260	Cathy	Addresses Rep. Nelson’s concern while providing an example of how the process works.
288	Rep. Nelson	Asks for clarification on the purpose for the surveying process.
298	Cathy	Responds by explaining the boundary marking process.
318	Rep. Smith	Asks for the cost and time requirements to the landowner.
322	Cathy	Replies that these requirements vary with geology and the situation with regard to cost.
TAPE 9, B
002	Rep. Smith	Continues that he doesn’t see this process costing the land owner any additional time.
012	Chair Kropf	Asks for clarification on Mr. Cathy’s assertion that mapping without certification is a violation of statute.
015	Cathy	Confirms that assertion.
017	Rich Angstrom	President of the Oregon Concrete Aggregate Producers Association (OCAPA). Clarifies the intent and process for this bill.
060	Chair Kropf	Asks whether this bill is necessary and whether the problem is big enough to warrant it.
082	Cathy	States his belief that this is an important issue.
087	Rep. Nelson	Asks whether DOGAMI guarantees their surveys.
091	Kafoury	States that they are responsible for a very high standard of work.
100	Rep. Nelson	Asks if they need a lot of liability insurance.
104	Chair Kropf	Responds that it’s not a requirement, but that it’s a good idea.
110	Rep. Beyer	Asks what percentage of applicants file surveys.
114	Lynch	Responds that he doesn’t have that figure. Reiterates the importance of the accuracy of the maps.
139	Ray Kelly	Reads two statutes, 672.020 and 672.005 for clarification.
197	Kafoury	Points out the differences and similarities in laws. Believes that the proposed amendment makes the law more clear.
234	Chair Kropf	States his understanding of the bill that both a map and a survey are required. Asks if a prior survey is acceptable.
247	Lynch	Affirms that previous surveys are regularly accepted.
267	Rep. Nelson	Agrees with Mr. Kafoury that the committee is splitting hairs unnecessarily.
282	Lynch	States that the costs could be costly to some in Eastern Oregon and that this bill aims at fixing this problem.
302	Dr. Beaulieu	DOGAMI. Offers that if you remove the ten acre provision, the problem would be solved.
312	Angstrom	States that he would support that amendment.
318	Chair Kropf	Requests that the three organizations work out the language and come back with something agreeable to all. Closes the public hearing on HB 2205 and opens a hearing on HB 2241.
HB 2241 – PUBLIC HEARING
355	Kelly	Summarizes the bill
368	Marcia Keith	Oregon Veterinary Medical Association (OVMA). States that OMVA has no reservations about shifting from under the jurisdiction of the Department of Human Services (DHS).
381	Rep. Nelson	Asks why the veterinarians are part of DHS and not the Department of Agriculture.
385	Keith	States that she is not sure herself.
390	Rep. Nelson	Asks where she thinks they should be.
396	Keith	Points out that she understands they would want to staff their own board.
400	Rep. Nelson	Speculates on reasons that they might have originally fallen under the jurisdiction of DHS.
408	Keith	States that she doesn’t have the historical depth to answer that question.
422	Kelly	Gives the historical rationale for original placement in DHS.
TAPE 10, B
009	Rep. Nelson	Comments on Kelly’s analysis.
015	Chair Kropf	Closes the public hearing on HB 2241 and opens a hearing on HB 2256
HB 2256 – PUBLIC HEARING
021	Kelly	Summarizes HB 2256.
034	Dr. Beaulieu	Testifies in support of HB 2256 as one which will save a lot of money.
052	Lynch	Gives historical background in support of HB 2256 which will help to produce necessary regulation. Introduces his testimony (EXHIBIT E).
106	Rep. Gilman	Explains the issue of salmon spawning by the banks of the Rogue River
120	Rep. Nelson	Asks what DOGAMI bases the fee increases upon.
128	Lynch	Explains the three phases to the fee increase and how DOGAMI arrived at these figures.
168	Rep. Nelson	States her opinion on the penalization of Oregonians.
172	Lynch	Responds that a healthy mining industry requires effective regulation.
178	Rep. Nelson	Asks if Lynch has a list of individuals who support this bill.
181	Lynch	Speaks to the fee increase and the endorsement of OCAPA.
194	Angstrom	Testifies how they work together with DOGAMI and that regulatory agencies are absolutely necessary.
246	Lynch	Confirms Mr. Angstrom’s figures on mines not in use.
257	Angstrom	Reasserts that mining is not a healthy industry right now, but offers hope that they do have a positive outlook for future.
273	Rep. Nelson	Asks how many of the 880 mines belong to OCAPA.
278	Angstrom	States that he doesn’t know due to inconsistencies within the industry.
290	Chair Kropf	Asks how many FTE were authorized in 1997.
294	Dr. Beaulieu	Responds that they have maintained the staffing levels, but now offer declining services, and have vacancies.
308	Rep. Nelson	Asks how much money this bill would generate.
325	Dr. Beaulieu	Responds that they would raise $120,000.
352	Chair Kropf	Asks for confirmation on the breakdown of the $120,000.
382	Lynch	Responds that a major amendment costs about as much as a permit fee.
399	Chair Kropf	Asks for clarification on who determines the fee.
406	Lynch	Responds that the fee was not part of the original plan.
407	Chair Kropf	Asks if OCAPA is in favor of the fee.
414	Angstrom	States that all the major aggregate producers that he knows of definitely support the fee.
TAPE 11, A
002	Angstrom	Concludes testimony on the fee increase.
018	Chair Kropf	Asks what the effect will be if the fee increase is not approved
023	Dr. Beaulieu	Responds that the services which DOGAMI provides will be greatly compromised.
044	Chair Kropf	Closes the public hearing on HB 2256 and reopens a work session on HB 2179 and HB 2195.
HB 2179 AND HB 2195 - WORK SESSION
048	Rep. Gilman	MOTION: Requests unanimous consent that the rules be suspended in order to allow Rep. Wirth* to be recorded as voting AYE on the motion to send HB 2179 to the floor with a DO PASS AS AMENDED recommendation.
050		VOTE: 6-0 EXCUSED: 1 - Hunt
053	Chair Kropf	Hearing no objection, declares the motion CARRIED.
060	Rep. Gilman	MOTION: Requests unanimous consent that the rules be suspended in order to allow Rep. Wirth* to be recorded as voting AYE on the motion to send HB 2195 to the floor with a DO PASS AS AMENDED recommendation.
062		VOTE: 6-0 EXCUSED: 1 - Hunt
063	Chair Kropf	Hearing no objection, declares the motion CARRIED.
066	Chair Kropf	Closes the work session on HB 2179 and HB 2195 and adjourns the meeting.

EXHIBIT SUMMARY

A – HB 2179, -1 amendment, staff, 1 p.

B – HB 2195, written testimony, Stephen Hobbs, 1 p.

C – HB 2205, written testimony, Gary Lynch, 1 p.

D – HB 2205, proposed amendment, Stephen Kafoury, 1 p.

E – HB 2256, written testimony, Gary Lynch, 2 pp.