HOUSE COMMITTEE ON WATER

 

 

March 25, 2003   Hearing Room B

8:30 AM Tape  42 - 43

 

MEMBERS PRESENT:            Rep. Bob Jenson, Chair

Rep. Jackie Dingfelder, Vice-Chair

Rep. Jeff Kropf, Vice-Chair

Rep. Linda Flores

Rep. Jeff Kruse

Rep. Mike Schaufler

Rep. Carolyn Tomei

 

STAFF PRESENT:                  Pete Test, Committee Administrator

Ryan Sherlock, Committee Assistant

 

 

MEASURE/ISSUES HEARD:            HB 2473 – WORK SESSION

                                                HB 2227 – WORK SESSION

                                                HB 2268 – PUBLIC HEARING AND WORK SESSION

                                                HB 2895 – PUBLIC HEARING                                                                                                      HB 3006 – PUBLIC HEARING

                                                HB 2293 – PUBLIC HEARING

HB 2360 – PUBLIC HEARING

HB 2364 – PUBLIC HEARING

HB 2457 – PUBLIC HEARING

HB 2606 – PUBLIC HEARING

HB 2659 – PUBLIC HEARING

HB 2688 – PUBLIC HEARING

HB 2887 – PUBLIC HEARING

HB 2977 – PUBLIC HEARING

HB 2991 – PUBLIC HEARING

HB 3047 – PUBLIC HEARING

HB 3094 – PUBLIC HEARING

HB 3201 – PUBLIC HEARING

HB 3202 – PUBLIC HEARING

HB 3204 – PUBLIC HEARING

HB 3205 – PUBLIC HEARING

HB 3215 – PUBLIC HEARING

HB 3216 – PUBLIC HEARING

HB 3217 – PUBLIC HEARING

HB 3220 – PUBLIC HEARING

HB 3297 – PUBLIC HEARING

HB 3249 – PUBLIC HEARING

HB 3261 – PUBLIC HEARING

HB 3281 – PUBLIC HEARING

HB 3295 – PUBLIC HEARING

HB 3298 – PUBLIC HEARING

HB 3309 – 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 42, A

003

Chair Jenson

Calls meeting to order at 8:38 a.m., and discusses the intent of the hearing today. Opens a work session on HB 2473.

HB 2473 – WORK SESSION

020

Pete Test

Committee Administrator. Offers a description of HB 2473.

 

Chair Jenson

Asks if there anyone would like to submit testimony regarding HB 2473, closes the work session on HB 2473, and opens a work session on HB 2227.

HB 2227 – WORK SESSION

045

Pete Test

Committee Administrator. Offers a description of HB 2227, and the proposed -1 amendment (EXHIBIT A).

065

Lee Beyer

Public Utilities Commission (PUC), Commissioner. Offers testimony in support of HB 2777 and the proposed -1 amendment.

075

Rep. Kruse

MOTION:  Moves to ADOPT HB 2227-1 amendments dated 03/12/03.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

080

Rep. Kruse

MOTION:  Moves HB 2227 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0

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

 

Chair Jenson

The motion CARRIES.

090

Rep. Kruse

MOTION:  Moves HB 2227 be placed on the CONSENT CALENDAR.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

095

Chair Jenson

Closes the work session on HB 2227, and opens a public hearing on HB 2268.

HB 2268 – PUBLIC HEARING

105

Pete Test

Committee Administrator. Offers a description of HB 2268, and the proposed -3 amendment (EXHIBIT B).

115

Adam Sussman

Water Resources Department (WRD), Legislative Director. Introduces and defers to Mr. Cleary.

120

Paul Cleary

Water Resources Department, Director. Offers written testimony (EXHIBIT C) in support of HB 2268.

195

Chair Jenson

Asks how the bill dealing with the WRD fees which has already been passed out of committee relates to HB 2268.

210

Cleary

Offers an explanation for the relationship between the two issues.

230

Chair Jenson

Clarifies that the department is not experiencing a loss in revenues.

235

Cleary

Acknowledges

240

Rep. Flores

Asks what the Full Time Employee (FTE) number is for the whole department.

245

Cleary

Indicates the number of FTE’s at the department totals 144. Continues with testimony.

330

Rep. Dingfelder

Asks in regards to the dedicated funds, whether the Water Right Operating Fund would pay all the permits.

340

Cleary

Explains that the mix of funds would remain relatively constant, and further discusses the issue of funding.

350

Rep. Dingfelder

Asks what percentage of the start card is funded by fees versus general funds.

355

Cleary

Explains that the well inspection program is totally funded through start card fees, and discusses the use of general funds.

365

Rep. Kropf

Refers to previously submitted testimony from the witness in a prior hearing, and asks about figures in that testimony.

370

Cleary

Offers an explanation for those costs as outlined in the testimony.

390

Rep. Kropf

Asks if he could be provided with cost breakdowns.

395

Cleary

Indicates that he will get those figures for the Representative, and continues with testimony.

TAPE 43, A

020

Rep. Dingfelder

Clarifies that the proposal is to increase the fees for the start card program, and put on hold the current schedule.

025

Cleary

Further explains the proposal, including discussion of the timeline. Points out that the line items will be discussed in the Committee on Ways and Means.

040

Rep. Dingfelder

Asks about the proposed work group.

045

Cleary

Discusses the intent of the work group

050

Rep. Schaufler

Asks for clarification of the fees in relation to the cost of the program.

055

Cleary

Explains the relationship between the proposed fee and the cost of the program.

080

Sussman

Offers description of the proposed -3 amendment.

095

Chair Jenson

Clarifies the definition of “public benefit.”

100

Sussman

Gives a definition of “public benefit” and continues discussing the -3 amendment.

165

Chair Jenson

Clarifies that the fees for the start card fund will be depleted before October.

175

Jerry Schmidt

Oregon Ground Water Association. Offers written testimony (EXHIBIT D) regarding HB 2268, and the proposed -1 amendment (EXHIBIT E).

200

Cleary

Agrees that the department has a number of tools, and discusses the intent of the amendment.

220

Chair Jenson

Closes the public hearing on HB 2268, and opens a work session on HB 2268.

HB 2268 – WORK SESSION

225

Rep. Dingfelder

MOTION:  Moves to ADOPT HB 2268-1 amendments dated 03/18/03.

230

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

235

Rep. Dingfelder

MOTION:  Moves to ADOPT HB 2268-3 amendments dated 03/25/03.

240

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

245

Rep. Dingfelder

MOTION:  Moves HB 2268 AS AMENDED, WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Ways and Means.

255

Rep. Kruse

Expresses his intent to vote NO on HB 2268, and discusses his concerns for the convolution of water laws in the State.

285

Rep. Kropf

Expresses his intent to vote NO on HB 2268, explaining his disinterest to add more FTE’s to the state payroll, the lack of efficiency in the agency, but expresses his concerns for the lack of funding for the start card program.

380

Rep. Dingfelder

Expresses her concerns for the complexity of western water laws, but expresses her interest in seeing the start card program funded properly.

TAPE 42, B

 

Chair Jenson

Discusses his concerns regarding water laws, but questions the simplicity of other state statutes. Points out that the start card fee needs to be addressed, and will be addressed in Ways and Means.

060

 

VOTE:  5-2

AYE:               5 - Dingfelder, Flores, Schaufler, Tomei, Jenson

NAY:               2 - Kropf, Kruse

 

Chair Jenson

The motion CARRIES.

070

Chair Jenson

Closes the work session on HB 2268, and opens a public hearing on HB 2895.

HB 2895 – PUBLIC HEARING

075

Pete Test

Committee Administrator. Offers a description of HB 2895.

080

Cathy Polino

Secretary of State, Audits Division. Offers testimony regarding HB 2895.

125

Rep. Kruse

Asks whether the Audits Division has expertise in water issues and programs, or whether the division would need to out source for that information.

135

Polino

Explains that the Audits Division does have some expertise in the area, but whether that expertise is enough depends on the scope of the audit.

145

Chair Jenson

Ask why the costs presented are higher than those charged by the private sector.

150

Polino

Discusses the costs of the audits.

165

Chair Jenson

Comments on the costs of such audits.

175

Rep. Kropf

Asks where the estimations of the cost come from.

185

Polino

Explains how the projected figures were come by.

200

Ted Lorensen

Oregon Department of Forestry. Offers written testimony (EXHIBIT F) in opposition to HB 2895.

230

Chair Jenson

Asks whether there is a cots associated with the audit.

235

Lorensen

Explains that the cost is a half million per biennium for the monitoring program, and continues with testimony.

275

Matt Blevins

Oregon Environmental Council. Offers written testimony (EXHIBIT G) in support of HB 2895.

340

Rep. Kropf

Ask which programs Mr. Blevins sees as operating inefficiently or not accomplishing its goals.

245

Blevins

Explains that he does not have specific numbers, and discusses those programs which are underperforming.

255

Rep. Kropf

Clarifies his question that with their current budget, which programs are underperforming.

260

Blevins

Refers to the Water Permit Program and questions its effectiveness.

270

Sussman

Water Resources Department. Offers written testimony (EXHIBIT H) in opposition to HB 2895.

280

Kropf

Recognizes the severity of the states budgetary concerns, and expresses the importance of auditing, and asks what current measures are in place to make agencies accountable.

TAPE 43, B

030

Sussman

Discusses the Water Resources Department’s interactions with stakeholders which help to keep the agency honest.

055

Rep. Schaufler

Expresses his concerns for increasing the bureaucracy in the state.

070

Rep. Kruse

Expresses his concern for increasing the level of audits.

080

Chair Jenson

Enters written testimony from the Department of Environmental Quality (EXHIBIT I), and the Oregon Watershed Enhancement Board (EXHIBIT J). Closes the public hearing on HB 2895, opens a public hearing on HB 3006.

HB 3006 - PUBLIC HEARING

094

Chair Jenson

Closes the public hearing on HB 3006, opens a public hearing on HB 2293.

HB 2293 - PUBLIC HEARING

096

Chair Jenson

Closes the public hearing on HB 2293, opens a public hearing on HB 2360.

HB 2360 – PUBLIC HEARING

098

Chair Jenson

Closes the public hearing on HB 2360, opens a public hearing on HB 2364.

HB 2364 - PUBLIC HEARING

100

Chair Jenson

Closes the public hearing on HB 2364, opens a public hearing on HB 2457.

HB 2457 - PUBLIC HEARING

102

Chair Jenson

Closes the public hearing on HB 2457, opens a public hearing on HB 2606.

HB 2606 - PUBLIC HEARING

104

Chair Jenson

Closes the public hearing on HB 2606, opens a public hearing on HB 2659.

HB 2659 - PUBLIC HEARING

106

Chair Jenson

Closes the public hearing on HB 2659, opens a public hearing on HB 2688.

HB 2688 - PUBLIC HEARING

108

Chair Jenson

Closes the public hearing on HB 2688, opens a public hearing on HB 2887.

HB 2887 - PUBLIC HEARING

110

Chair Jenson

Closes the public hearing on HB 2887, opens a public hearing on HB 2977.

HB 2977 - PUBLIC HEARING

112

Chair Jenson

Closes the public hearing on HB 2977, opens a public hearing on HB 2991.

HB 2991 - PUBLIC HEARING

114

Chair Jenson

Closes the public hearing on HB 2991, opens a public hearing on HB 3047.

HB 3047 - PUBLIC HEARING

116

Chair Jenson

Closes the public hearing on HB 3047, opens a public hearing on HB 3094.

HB 3094 - PUBLIC HEARING

118

Chair Jenson

Closes the public hearing on HB 3094, opens a public hearing on HB 3201.

HB 3201 - PUBLIC HEARING

120

Chair Jenson

Closes the public hearing on HB 3201, opens a public hearing on HB 3202.

HB 3202 - PUBLIC HEARING

122

Chair Jenson

Closes the public hearing on HB 3202, opens a public hearing on HB 3204.

HB 3204 - PUBLIC HEARING

124

Chair Jenson

Closes the public hearing on HB 3204, opens a public hearing on HB 3205.

HB 3205 - PUBLIC HEARING

126

Chair Jenson

Closes the public hearing on HB 3205, opens a public hearing on HB 3215.

HB 3215 - PUBLIC HEARING

128

Chair Jenson

Closes the public hearing on HB 3215, opens a public hearing on HB 3216.

HB 3216 - PUBLIC HEARING

130

Chair Jenson

Closes the public hearing on HB 3216, opens a public hearing on HB 3217.

HB 32 17 - PUBLIC HEARING

132

Chair Jenson

Closes the public hearing on HB 3217, opens a public hearing on HB 3220.

HB 3220 - PUBLIC HEARING

134

Chair Jenson

Closes the public hearing on HB 3220, opens a public hearing on HB 3297.

HB 3297 - PUBLIC HEARING

136

Chair Jenson

Closes the public hearing on HB 3297, opens a public hearing on HB 3249.

HB 3249 - PUBLIC HEARING

138

Chair Jenson

Closes the public hearing on HB 3249, opens a public hearing on HB 3261.

HB 3261 - PUBLIC HEARING

140

Chair Jenson

Closes the public hearing on HB 3261, opens a public hearing on HB 3281.

HB 3281 - PUBLIC HEARING

142

Chair Jenson

Closes the public hearing on HB 3281, opens a public hearing on HB 3295.

HB 3295 - PUBLIC HEARING

144

Chair Jenson

Closes the public hearing on HB 3295, opens a public hearing on HB 3298.

HB 3298 - PUBLIC HEARING

146

Chair Jenson

Closes the public hearing on HB 3298, opens a public hearing on HB 3309.

HB 3309 - PUBLIC HEARING

148

Chair Jenson

Closes the public hearing on HB 3309, and adjourns the meeting at 10:09 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2227, -1 amendment, Staff, 3 pp.

B – HB 2268, -3 amendment, Staff, 8 pp.

C – HB 2268, written testimony, Paul Cleary, 14 pp.

D – HB 2268, written testimony, Jerry Schmidt, 2 pp.

E – HB 2268, -1 amendment, Jerry Schmidt, 1 p.

F – HB 2268, written testimony, Ted Lorensen, 17 pp.

G – HB 2268, written testimony, Matt Blevins, 2 pp.

H – HB 2895, written testimony, Adam Sussman, 1 p.

I – HB 2895, written testimony, Mike Llewelyn, 1 p.

J – HB 2895, written testimony, Staff, 1 p.