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.