HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

May 13, 2003 Hearing Room HR E

9:00 AM Tapes  75 - 76

 

MEMBERS PRESENT:            Rep. Dennis Richardson, Vice-Chair

Rep. Cliff Zauner, Vice-Chair

Rep. Robert Ackerman

Rep. Mitch Greenlick

Rep. Diane Rosenbaum

 

 

MEMBER EXCUSED:             Rep. Bill Garrard, Chair

Rep. Dan Doyle

 

 

STAFF PRESENT:                  Ray Kelly, Committee Administrator

David Peffley, Committee Assistant

 

 

MEASURES HEARD:                     HB 2899 – 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 75, A

003

Vice-Chair Zauner

Calls the meeting to order at 9:09 and opens a work session on          HB 2899.

HB 2899 – WORK SESSION

013

Vice-Chair Zauner

Recesses the meeting.

014

Vice-Chair Zauner

Reconvenes the meeting.

016

Ray Kelly

Committee Administrator.  Introduces the -2 amendments (EXHIBIT A) and the -3 amendments (EXHIBIT B).

022

John Lilly

Assistant Director, Division of State Lands (DSL).  Submits (EXHIBIT C) and testifies regarding the findings of the work group. 

050

Rep. Richardson

Notes the difference between the -2 amendments and the -3 amendments and the effects of the changes.

098

Ray Kelly

Explains the -2 amendments and refers to the paragraph noted by Rep. Richardson.

112

Lilly

Addresses the effects of the amendments with regard to wetland mitigation banks.

161

Rep. Richardson

Asks if DSL supports the amendments.

165

Lilly

Replies that the amendments are acceptable to the DSL.

168

Rep. Richardson

Asks which amendments the DSL supports.

171

Lilly

Notes that they would support either amendments, but believes that the lighter-handed -3 amendments are preferable.

208

Rep. Greenlick

Asks about Page 7, Lines 7-8 in the -3 amendments.

214

Phil Scoles

Work group participant.  Addresses the section questioned by Rep. Greenlick as relating to mitigation banks.

225

Rep. Greenlick

Requests further clarification.

228

Scoles

States that Rep. Greenlick’s understanding was not consistent with the intention of the bill. Gives the rationale for that section of the amendment.

243

Rep. Greenlick

Asks for confirmation of the effects of Lines 7-9.

252

Scoles

Confirms that Rep. Greenlick’s interpretation may be correct.

258

Rep. Rosenbaum

Notes the effect of being bound by and notes that this is not a huge departure from the norm.

266

Rep. Greenlick

Asks whether in consultation with refers to a specific process.

270

Lilly

Clarifies the meaning and implications of bound by.  Notes the changes allowed by the amendments over the current process.

297

Rep. Greenlick

Asks about the definition of practicable in Section 9 of the bill.

312

Lilly

Gives the precedent for the term.

340

Vice-Chair Zauner

States that he’d like the committee to accept one set of amendments before proceeding.

352

Rep. Richardson

MOTION:  Moves to ADOPT HB 2899-3 amendments dated 5/13/03.

356

Rep. Greenlick

Informs the chair that he doesn’t feel comfortable moving the bill without having the opportunity to review the amendments.

363

 

VOTE:  5-0

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

EXCUSED:  2 - Garrard, Doyle

372

Vice-Chair Zauner

The motion CARRIES.

378

Rep. Richardson

Asks for confirmation of the -3 amendments relating to the U.S. Army Corp of Engineers.

388

Lilly

Discusses the definition of wetlands and notes that it is a standard definition.

394

Rep. Richardson

Asks for the confirmation of the meaning of ecological characteristics.

410

Lilly

Explains the implications of that phrase.

TAPE 76, A

001

Rep. Greenlick

Refers to Page 17 of -3 amendments and asks for clarification on the  implications of onsite mitigation.

013

Lilly

Confirms Rep. Greenlick’s assumptions.

014

Rep. Greenlick

Asks about mitigation being built into the formula.

020

Lilly

Confirms that Rep. Greenlick is correct.

023

Rep. Richardson

Asks Lilly about the bill’s intentions.

033

Lilly

States that this bill provides for greater certainty in the process.

042

Scoles

Also notes the assurances provided for in the amendments.

065

Vice-Chair Zauner

Asks about overlap relating to the Corp of Engineers and whether      HB 2899 will help to solve the problem.

071

Lilly

Replies that DSL continues to work with the Corps of Engineers and speaks to the overall permitting process.

085

Rep. Greenlick

Refers to Page 22 of the -3 amendments and asks for clarification.

094

Lilly

Notes DSL’s job in ensuring compatibility with the project.

118

Rep. Greenlick

Clarifies the conditional permit process.

121

Lilly

Concurs with Rep. Greenlick.

134

Rep. Greenlick

Asks about the definition of a wetland.

137

Lilly

Notes that wetland delineation is fairly complex and would need to pass certain criteria to be considered as such.

145

Rep. Greenlick

Asks for a clarification on Page 29, Section 20.

150

Scoles

Notes that it applies to all permitting, not just to mitigation banking.

158

Vice-Chair Zauner

Closes the work session on HB 2899 and adjourns the meeting at 9:48.

The following prepared testimony was submitted for the record without public testimony for HB 2899.

 

Mel Stewart

Submits (EXHIBIT D).

 

 

EXHIBIT SUMMARY

 

A – HB 2899, -2 amendments, staff, 30 pp.

B – HB 2899, -3 amendments, staff, 30 pp.

C – HB 2899, written testimony, John Lilly, 1 p.

 

The following exhibit is listed out of order in the body of the tape log.

 

D – HB 2899, written testimony, Mel Stewart, 5 pp.