HOUSE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

 

 

March 18, 2003   Hearing Room HR D

1:00 PM Tapes  41 - 42

 

MEMBERS PRESENT:            Rep. Jeff Kropf, Chair

Rep. George Gilman, Vice-Chair

Rep. Terry Beyer

Rep. Dave Hunt

Rep. Donna Nelson

Rep. Patti Smith

 

MEMBER EXCUSED:            Rep. Kelley Wirth, Vice-Chair

 

STAFF PRESENT:                  Ray Kelly, Committee Administrator

David Peffley, Committee Assistant

 

 

MEASURES HEARD:                     HB 3102 – Public Hearing

                                                HB 3026 – Public Hearing and Work Session

                                                HB 2256 – 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 41, A

003

Chair Kropf

Calls the meeting to order at 1:10 and opens a public hearing on                HB 3102.

HB 3102 – PUBLIC HEARING

015

Ray Kelly

Committee Administrator.  Summarizes HB 3102.

022

Rep. Jerry Krummel

Submits (EXHIBIT A) and testifies in favor of HB 3102.  Provides power-point presentation on the reasons why HB 3102 is necessary for good public health and fairness to business.

114

Chair Kropf

Asks Rep. Krummel about duplication in the law.

118

Rep. Krummel

Addresses what statutes should be maintained. 

124

Rep. Hunt

Asks Rep. Krummel if he believes that the concerns which prompted the bill would be addressed by the original bill.

130

Rep. Krummel

States that the duplication is difficult on businesses and that this bill will address that problem.

168

Rep. Hunt

Asks about the breakdown of the law so that we can zero in on the problem parts.

182

Rep. Krummel

States that he mainly wants to get dialog on the books regarding this issue.

197

Rep. Beyer

Asks about duplication in the law.

206

Rep. Krummel

Describes the onerous process which needs to be addressed.

220

Rep. Beyer

Asks about the record keeping requirement.

226

Rep. Krummel

Talks about how non user-friendly the system is, which is unfair to the businesses involved.   States that the problem is with the two systems they have to comply with.

244

Rep. Beyer

Asks if he believes that pesticides need to be reported.

249

Rep. Krummel

Replies that he really doesn’t know. States that he supported the bill in 1999, but that it created too much duplication.

281

Rep. Beyer

Asks Rep. Krummel if he believes we’re using the current law as a hammer.

284

Rep. Krummel

Believes that the current law is a hammer and has little to do with protecting our environment.

311

Matt Blevins

Oregon Environmental Council (OEC).  Submits (EXHIBIT B) and testifies against HB 3102.  States that they are in favor of making changes to the process, but that access to pesticide information is vital and that this law is not the solution.

391

Rep. Beyer

Asks about the duplication in the records.

400

Blevins

Affirms there are two separate pieces to the reporting system.

420

Vice-Chair Gilman

Asks Blevins if OEC’s position on Rep. Close’s bill, putting off the implementation date is still constant.

428

Blevins

States that it is.

TAPE 42, A

005

Rep. Hunt

Asks Blevins to reaffirm concerns with this legislation.

013

Blevins

States skepticism with the 400-hour figure.  Affirms the successes in California’s similar program.

022

Glen Stonebrink

Submits (EXHIBIT C) and testifies in favor of HB 3102.  States skepticism with the testimony of environmental groups.  Believes that the burden of reporting is disproportionately placed on a select few.

070

Chair Kropf

Asks what the best way is to make reporting fair to everyone.

083

Stonebrink

Addresses concern with the paperwork involved and with the computer aspect to reporting. 

096

Rep. Beyer

Mentions the successes of the California program.  Asks about concerns that Californians have voiced about this program.

105

Stonebrink

States that he does not have any first-hand knowledge.

108

Rep. Beyer

Asks if he is still concerned about the contents of this bill ending up in the initiative process.

115

Stonebrink

States that he believes that the public is becoming more aware of the issue.

131

Rep. Beyer

Asks if he sees any benefit in reworking this bill.

135

Stonebrink

Replies that benefit could arise from readdressing the issue.

144

Michael Heumann

Department of Human Services (DHS).  Submits (EXHIBIT D) and testifies in opposition to HB  3102.  Testifies to the health risks of pesticide use and the need to protect the public health

217

Chair Kropf

Asks to confirm the assertion that urban pesticide usage is more profound than in rural areas.

225

Heumann

Confirms that studies have confirmed the higher danger in urban areas.

241

Chair Kropf

Asks Heumann to clarify the 187 investigations and the 190 cases which were reported and found not to be in violation.

252

Heumann

Affirms that 187 were valid claims and the 190 is a separate figure.

260

Chair Kropf

Asks if the urban/rural trend is typical.

266

Heumann

States that he’s not sure, since they’ve only been tracking the trends for a couple years.

273

Rep. Nelson

Asks who conducts the disease control reports.

278

Heumann

Asserts that he is part of the team which reports.

287

Rep. Nelson

Expresses her concern about the heavily-detailed process.  Asks whether we could use education instead of reporting.

326

Heumann

States that education is one part of the equation.  Asserts that the surveillance is also necessary in order to learn about what is dangerous and what is not.

386

Rep. Nelson

Again asks about the role of education and where the money is best spent.

407

Chair Kropf

Replies that he sees some value in pesticide reporting, but reaffirms that education could be of value as well.

422

Heumann

States that the two go hand in hand. 

TAPE 41, B

002

Jim Myron

Submits (EXHIBIT E) and testifies that pesticide reporting is a key component for marketing of agricultural products and environmental protection.

020

Rep. Beyer

Asks Myron if the governor’s office would be open to working this idea further.

027

Myron

States that the governor’s office is not averse to resolving problems, but is not in favor of overturning protections.

035

Rep. Nelson

Asks Myron to talk with the governor about the educational aspect of the issue.

038

Myron

Assures Rep. Nelson that he will address the issue.

040

Rep. Gilman

Asks how we can make the bill more functional in K-12 education.

050

Myron

States that he is not sure how to address the answer to that question.

065

Chuck Craig

Oregon Department of Agriculture (ODA).  States that ODA does not support HB 3102 and refers to public education and funding problems.                                                     

087

Rep. Gilman

Asks about individuals and homeowners in the pesticide reporting program.

100

Lisa Hansen

Assistant Director, ODA.  Clarifies ODA’s position regarding the law and the current system.

114

Rep. Beyer

Notes that this bill has brought out the subject of lack of funding and what was mentioned was that the record keeping and the reporting are two separate entities and asks about attempts to meld the two.

127

Hansen

Addresses similar systems in other states and notes that the systems need to be in place to merge them and that has not happened in Oregon.

144

Terry Witt

Oregonians for Food and Shelter (OFS). States that the pesticide use reporting program is broken and in need of fixing, although are not in favor of abolishing the program.

138

Chair Kropf

Closes a public hearing on HB 3102 and opens a work session on      HB 3026.

The following prepared testimony is submitted for the record without public testimony for HB 3102.

 

Jason Heuser

Submits written testimony (EXHIBIT F).

 

Rhett Lawrence

Submits written testimony (EXHIBIT G).

HB 3026 – PUBLIC HEARING

235

Ray Kelly

Summarizes HB 3026.

242

Rep. Lane Sheterly

HD 23.  Introduces and testifies in favor of HB 3026 in order to provide proper funding for county fair boards.

290

Rep. Beyer

Asks the difference between a fair board and a fair district.

296

Rep. Shetterly

States that the difference is a matter of funding.

302

Rep. Nelson

Asks whether a fair board would still be able to receive state money.

310

Rep. Shetterly

Responds that it depends on state appropriations.

317

Rep. Nelson

Asks for clarification on the requirements for county fairs.

322

Rep. Shetterly

States that it is custom, but not mandated.

327

Rep. Nelson

Asks about local control.

332

Rep. Shetterly

States that the purpose of HB 3026 is to offer more flexibility to administer county fairs. 

354

Sheriff Ray Steele

President and Chairman, Polk County Fair Board. Introduces himself.

364

Rep. Nelson

Restates question on state control versus local control.

368

Steele

States that we are dealing with a funding issue. Explains the process to the committee and how HB 3026 would effect it.

420

Rep. Beyer

Asks if a fair district would preclude the board from taking county appropriations. 

TAPE 42, B

003

Steele

States they would be on their own and unable to accept appropriations. Explains the genesis of the ideas behind HB 3026.

015

Rep. Shetterly

Adds that declining county budgets is at the root of this problem.

025

Rep. Nelson

Asks who makes the rules and why we don’t just take county fairs out from state jurisdiction.

040

Kelly

Confirms this issue within the statutes and its repercussions.

068

Chair Kropf

Asks for further clarification.

073

Rep. Shetterley

Confirms the effects of this bill for Chair Kropf.

083

Rep. Nelson

Asks if Rep. Shetterly and Sheriff Steele would be willing to amend this bill to address concerns. 

095

Rep. Shetterley

States that this bill is not appropriate to address Rep. Nelson’s concerns.

100

Chair Kropf

Asks if there is any known opposition to HB 3026. 

105

Steele

States that he doesn’t know of any.

110

Rep. Nelson

Asks about the population of Washington County vis-à-vis that of Multnomah County and whether Multnomah County has a county fair.

135

Chair Kropf

Recesses meeting.

136

Chair Kropf

Reconvenes meeting.

138

Chair Kropf

Closes a public hearing on HB 3026 and opens a work session on      HB 3026.

HB 3026 – WORK SESSION

140

Rep. Hunt

MOTION:  Moves HB  3026 to the floor with a DO PASS recommendation.

149

 

VOTE:  6-0

EXCUSED:  1 - Wirth

156

Chair Kropf

Hearing no objection, declares the motion CARRIED.

SHETTERLY will lead discussion on the floor.

171

Chair Kropf

Closes the work session on HB 3026 and opens a public hearing on  HB 2256.

HB 2256 – PUBLIC HEARING

174

Chair Kropf

Introduces -1 amendment (EXHIBIT H).  Offers time to peruse the amendments.

175

Rich Angstrom

Oregon Concrete Aggregate Producers Association (OCAPA).  Speaks with approval to the -1 amendments.

217

Gary Lynch

Expresses favor with the -1 amendments. 

220

Rep. Nelson

Asks for clarification on -1 amendments. 

227

Chair Kropf

Clarifies the amendments for Rep. Nelson.

233

Kelly

Offers further clarification. 

240

Rep. Nelson

Asks about the relating clause.

243

Kelly

States that the amendment does not affect the relating clause.

254

Chair Kropf

Closes the public hearing on HB 2256 and opens a work session on          HB 2256.

HB 2256 – WORK SESSION

261

Rep. Beyer

MOTION:  Moves to ADOPT HB  2256-1 amendments dated 03/18/03.

264

 

VOTE:  5-0

EXCUSED:  2 - Wirth, P. Smith

265

Chair Kropf

Hearing no objection, declares the motion CARRIED.

267

Rep. Beyer

MOTION:  Moves HB 2256 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

274

Rep. Nelson

Explains her opposition to this bill, as her constituents can not afford any additional fees.

304

Rep. Hunt

States strong enthusiasm for HB 2256.

321

Chair Kropf

Shares his opinion of the importance of HB 2256 in relation to the        4(d) rules.

333

 

VOTE:  4-1

AYE:               4 - Beyer, Gilman, Hunt, Kropf

NAY:               1 - Nelson

EXCUSED:     2 - Smith P., Wirth

344

Chair Kropf

The motion CARRIES.

355

Chair Kropf

Closes the work session on HB 2256 and closes the committee meeting at 3:07.

 

 

EXHIBIT SUMMARY

 

A – HB 3102, written testimony, Rep. Jerry Krummel, 2 pp.

B – HB 3102, written information, Matt Blevins, 1 p.

C – HB 3102, written testimony, Glen Stonebrink, 1 p.

D – HB 3102, written testimony, Michael Heumann, 2 pp.

E – HB 3102, written testimony, Jim Myron, 1 p.

F – HB 3102, written testimony, Jason P. Heuser, 1 p.

G – HB 3102, written testimony, Rhett Lawrence, 1 pp.

H – HB 2256, -1 amendments, staff, 1 p.