HOUSE COMMITTEE ON WATER

 

 

April 08, 2003 Hearing Room B

8:00 AM Tape  50 - 52

 

MEMBERS PRESENT:            Rep. Bob Jenson, Chair

Rep. Jackie Dingfelder, Vice-Chair

Rep. Jeff Kropf, Vice-Chair

Rep. Jeff Kruse

Rep. Linda Flores

Rep. Mike Schaufler

Rep. Carolyn Tomei

 

STAFF PRESENT:                  Pete Test, Committee Administrator

Ryan Sherlock, Committee Assistant

 

 

MEASURE/ISSUES HEARD:            HB 3094 – Work Session

                                                HB 3261 – Public Hearing and Work Session

                                                HB 2606 – Public Hearing

                                                HB 3249 – Public Hearing and Work Session

                                                HB 2459 – Work Session

                                                HB 3555 – Public Hearing

                                                HB 2431 – Public Hearing

                                                HB 2800 – Public Hearing

                                                HB 3407 – Public Hearing

                                                HB 3478 – Public Hearing

                                                HB 3477 – Public Hearing

                                                HB 3519 – Public Hearing

                                                HB 3597 – Public Hearing

                                                HB 3598 – 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 50, A

003

Chair Jenson

Calls meeting to order at 8:13 a.m., and opens a work session on HB 3094.

HB 3094 – WORK SESSION

010

Pete Test

Committee Administrator. Offers a description of HB 3094.

020

Rep. Johnson

House District 31. Offers testimony in support of HB 3094 and the proposed -1 amendment (EXHIBIT A).

025

Rep. Dingfelder

Asks whether the Oregon Department of Fish and Wildlife (ODFW) has testified on this bill.

030

Test

Explains that the ODFW has worked on the bill and the amendments.

035

Rep. Johnson

Explains the role of the ODFW.

040

Rep. Dingfelder

MOTION:  Moves to ADOPT HB 3094-1 amendments dated 03/31/03.

 

 

VOTE:  4-0

EXCUSED:  3 - Flores, Kruse, Kropf

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

045

Rep. Dingfelder

MOTION:  Moves HB 3094 to the floor with a DO PASS AS AMENDED recommendation.

050

 

VOTE:  4-0

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

EXCUSED:  3 - Flores, Kruse, Kropf

 

Chair Jenson

The motion CARRIES.

REP. JOHNSON will lead discussion on the floor.

060

Chair Jenson

Closes the work session on HB 3094, and opens a public hearing on HB 3261.

HB 3261 – PUBLIC HEARING

070

Pete Test

Committee Administrator. Offers a description of HB 3261.

080

Amanda Rich

Special Districts Association of Oregon. Introduces Mr. Warren and Mr. Schafer of the Multnomah County Drainage District.

090

Tim Warren

Multnomah County Drainage District. Offers testimony in support of HB 3261.

105

Rep. Schaufler

Asks whether the same quorum rule apply.

107

Warren

Acknowledges.

110

Rep. Dingfelder

Asks why the district was originally created with only three members.

115

Warren

Offers a brief history of the district.

120

Rep. Dingfelder

Asks why the issue has not come up before.

122

Warren

Discusses the problem.

125

Dick Schafer

Multnomah County Drainage District. Offers testimony in support of HB 3261.

130

Chair Jenson

Clarifies that currently there are three members, and that they want to increase the board to five. Points out the difficulty which may occur in trying to get obtain additional volunteers.

140

Warren

Comments on the board membership.

150

Chair Jenson

Points out the excessive workload for volunteer boards.

155

Warren

Further discusses the scope of the board.

160

Chair Jenson

Asks what types of fish are protected by the board.

165

Warren

Discusses the issue of fish protection.

170

Schafer

Comments on the environmental and other concerns which face the board, necessitating increasing the number of board members.

190

Rep. Dingfelder

Comments on her district work regarding slew maintenance.

195

Warren

Discusses other issues regarding watershed and slew protection.

220

Rep. Jenson

Asks whether the board attempts to balance the business and environmental concerns.

225

Warren

Explains that the board works well to balance the two issues.

250

Chair Jenson

Closes the public hearing on HB 3261, and opens a work session on HB 3261.

HB 3261 – WORK SESSION

255

Rep. Tomei

MOTION:  Moves HB 3261 to the floor with a DO PASS recommendation.

260

 

VOTE:  5-0

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

EXCUSED:  2 - Kruse, Kropf

 

Chair Jenson

The motion CARRIES.

265

Rep. Tomei

MOTION:  Moves HB 3261 be placed on the CONSENT CALENDAR.

 

 

VOTE:  5-0

EXCUSED:  2 - Kruse, Kropf

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

275

Chair Jenson

Closes the work session on HB 3261, and opens a public hearing on HB 2606.

HB 2606 – PUBLIC HEARING

280

Pete Test

Committee Administrator. Offers a description of HB 2606, and introduces the proposed -1 amendments (EXHIBIT B).

290

Chair Jenson

Recesses the meeting.

RECESS

290

Chair Jenson

Calls meeting back to order and asks Mr. Helgeson to offer his testimony.

300

Les Helgeson

Native Fish Society. Offers testimony regarding HB 2606.

320

Chair Jenson

Clarifies what Mr. Helgeson’s intent is with the amendments.

325

Helgeson

Discuses his intent for the amendments.

335

Ed Bowles

Oregon Department of Fish and Wildlife, Fish Division. Offers written testimony (EXHIBIT C) in support of HB 2606. Addresses changes in the proposed amendments.

TAPE 51, A

010

Fred VanNatta

Oregon Anglers. Asks for a chance to review the -1 amendment

020

Chair Jenson

Indicates that it is not the Chairs intention to move the bill out of committee today, due to its close association with HB 2138 which is still being processed.

025

Rep. Kruse

Expresses his concerns for the bill.

035

Chair Jenson

Closes the public hearing on HB 2606 and opens a public hearing on HB 3249.

HB 3249 – PUBLIC HEARING

040

Pete Test

Committee Administrator. Offers a description of HB 3249.

050

Wayne Giesy

Native Fish Conservation Policy Task Force. Offers written testimony (EXHIBIT D) in support of HB 3249.

065

Dennis Richey

Oregon Anglers. Offers written testimony (EXHIBIT E) in support of HB 3249.

170

Phil Donovan

Northwest Steelheaders and the Northwest Sportfishing Industry Association. Offers written testimony (EXHIBIT F) in support of HB 3249.

255

Chair Jenson

Comments on upcoming schedule for the committee.

265

Ed Bowles

Oregon Department of Fish and Wildlife. Offers written testimony (EXHIBIT G) regarding HB 3249.

320

Rep. Dingfelder

Asks for a report which prioritizes the department’s hatchery needs.

325

Bowles

Points out that the mentioned report is not finished, but he will get a copy of the rough draft for the committee.

330

Rep. Tomei

Asks what proportion of the cost of hatcheries is covered by license fees.

345

Bowles

Defers to Mr. Thorpe.

355

John Thorpe

Oregon Department of Transportation, Fish Propagation Program. Explains the hatchery maintenance is about $500,000 per biennium.

360

Rep. Tomei

Clarifies the figure.

365

Thorpe

Further discusses the maintenance costs.

375

Rep. Tomei

Clarifies that this is the source of the Licensing Fee.

380

Thorpe

Explains that the license fee pay about half the total cost.

385

Chair Jenson

Clarifies that the department concurs with numbers presented to the committee by Mr. Richey.

387

Bowles

Acknowledges.

390

Chair Jenson

Asks about the modernization numbers presented earlier.

395

Bowles

Comments on the modernization figures.

400

Chair Jenson

Asks how the department got so far behind in maintenance.

405

Bowles

Discusses the issues regarding the high maintenance costs.

TAPE 50, B

015

Chair Jenson

Comments on the general failure of the state to maintain these facilities.

035

Les Helgeson

Native Fish Society. Offers testimony in opposition to HB 3249.

125

Rep. Schaufler

Asks that ODFW address the concerns expresses by Mr. Helgeson.

135

Bowles

Oregon Department of Fish and Wildlife. Asks what specific concerns Rep. Schaufler would like him to address.

140

Rep. Schaufler

Clarifies the issues he would like addressed.

145

Bowles

Discusses the concerns expressed by Rep. Schaufler, and further clarifies numbers presented by Mr. Helgeson.

175

Rep. Schaufler

Indicates his support for the bill, and points out the returns to the state generated by the hatcheries. Asks whether the department sees the coastal hatcheries becoming obsolete.

185

Bowles

Discusses the future of costal hatcheries.

210

Rep. Kruse

Comments on the important of hatcheries in fish recovery.

235

Chair Jenson

Asks whether the trout production is being considered in the hatchery maintenance.

240

Bowles

Points out the department’s numbers include trout production.

245

Chair Jenson

Acknowledges, but points out the importance in considering all fish production.

260

Aubrey Russell

Oregon Trout. Comments on previous testimony regarding the effectiveness of hatcheries.

335

Chair Jenson

Expresses his view that the ineffectiveness of hatcheries may not be as obvious as Mr. Russell indicates.

365

Russell

Comments on the documentation regarding the effectiveness of hatcheries.

380

Chair Jenson

Questions the validity of this documentation.

385

Russell

Further discusses the issue of hatchery effectiveness.

415

Chair Jenson

Closes the public hearing on HB 3249, and opens a work session on HB 3249.

HB 3249 – WORK SESSION

TAPE 51, B

005

Rep. Kruse

MOTION:  Moves HB 3249 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

010

Rep. Tomei

Expresses her intent to vote no on the bill due to her concerns for its economic impact.

020

Rep. Kropf

Points out that lottery revenues are up even in this current economic downturn, and discusses the original intent of lottery funds. Indicates that this bill would benefit rural communities greatly.

045

Rep. Flores

Indicates her support for the measure, and discusses her interest in supporting rural economies.

050

Rep. Kruse

Points out that the committee’s mandate to consider policy rather than funding.

055

Chair Jenson

Discusses the policy implications of the measure.

065

 

VOTE:  5-1

AYE:               5 - Flores, Kropf, Kruse, Schaufler, Jenson

NAY:               1 - Tomei

EXCUSED:     1 - Dingfelder

 

Chair Jenson

The motion CARRIES.

075

Chair Jenson

Closes the work session on HB 3249, and opens a work session on HB 2459.

HB 2459 – WORK SESSION

080

Pete Test

Committee Administrator. Offers a description of HB 2459.

085

Rep. Kruse

MOTION:  Moves HB 2459 to the floor with a DO PASS recommendation.

100

Rep. Kruse

Comments on the policy and history of fish hatcheries.

135

Rep. Schaufler

Indicates his intent to vote NO for HB 2459, and further comments on his concerns with the bill.

150

Rep. Kropf

Discusses his support for the measure.

165

Rep. Tomei

Expresses her concerns regarding HB 2459 and her intent to vote NO on the bill.

180

 

VOTE:  4-2

AYE:               4 - Flores, Kropf, Kruse, Jenson

NAY:               2 - Schaufler, Tomei

EXCUSED:     1 - Dingfelder

 

Chair Jenson

The motion CARRIES.

KRUSE will lead discussion on the floor.

185

Chair Jenson

Closes the work session on HB 2459, and opens a work session on HB 3555.

HB 3555 – PUBLIC HEARING

190

Pete Test

Committee Administrator. Offers a description of HB 3555.

200

Rep. Kropf

Points out that he is the chief co-sponsor of the bill, and comments on the issue.

210

Ken Evans

K.E.E. Communications/ Fisheries Restoration and Enhancement Coalition. Offers written testimony (EXHIBIT H) in support of HB 3555.

280

Rep. Tomei

Asks how revenue bonds work.

285

Evans

Defers to Harrison Conley from the Office of Legislative Council.

300

Harrison Conley

Office of Legislative Council. Defers to Chuck Smith from the Oregon State Treasury.

315

Chuck Smith

Oregon State Treasury, Director of Debt Management. Offers testimony in opposition to HB 3555, indicating the Treasury’s concern with the financing mechanism.

360

Chair Jenson

Asks what the upper limit is to the certificate of participation.

365

Smith

Discusses the extent and limitations of the certificate of participation.

385

Rep. Tomei

Clarifies how the bond is paid off.

390

Chair Jenson

Points out that Rep. Tomei’s question should be addressed to Mr. Bowles from ODFW.

400

Conley

Responds to Rep. Tomei’s earlier question of how revenue bonds work.

TAPE 52, A

020

Ed Bowles

Oregon Department of Fish and Wildlife. Offers written testimony (EXHIBIT I) regarding HB 3555.

040

Rep. Tomei

Clarifies that the money is currently used to fund maintenance.

045

Bowles

Discusses the current funding.

060

Rep. Tomei

Offers an analogous situation and clarifies that it would take funding away from maintenance to fund the bonds.

075

Bowles

Comments on the analogous situation offered by Rep. Tomei.

080

Rep. Schaufler

Indicates that he agrees with the intent of the bill, but questions the way in which the bill works.

085

Bowles

Clarifies the proposed intent of the bill.

090

Chair Jenson

Comments on the general maintenance problem regarding hatcheries.

110

Bowles

Comments on the deferred maintenance issue.

120

Chair Jenson

Further discusses the funding issue.

130

Bowles

Points out the funding would either require an increase in fees or a decrease in services.

135

Chair Jenson

Clarifies that the fishing community would be required to pay either way.

136

Bowles

Acknowledges.

140

Rep. Tomei

Comments on, and clarifies the funding issue.

150

Chair Jenson

Concurs with Rep. Tomei, that if the legislature passed the statute without a funding source it would require the department to either absorb the workload or cut other programs to fund the new one.

155

Bowles

Discusses the options which would face ODFW in such a situation.

175

Les Helgeson

Native Fish Society. Offers testimony in opposition to HB 3555.

210

Dennis Richey

Oregon Anglers. Offers testimony regarding HB 3555.

280

Helgeson

Comments on Mr. Richey’s testimony.

290

Chair Jenson

Asks Mr. Smith of the State Treasury to address the debt load incurred.

295

Chuck Smith

Oregon State Treasury. Discusses the debt load.

300

Rep. Schaufler

Clarifies Mr. Smith’s point.

305

Smith

Acknowledges Rep. Schaufler’s clarification.

310

Chair Jenson

Explains his intent to bring the bill back before the committee, and closes the public hearing on HB 3555, and opens a public hearing on HB 2431.

HB 2431 – PUBLIC HEARING

315

Chair Jenson

Closes the public hearing on HB 2431, and opens a public hearing on HB 2800.

HB 2800 – PUBLIC HEARING

317

Chair Jenson

Closes the public hearing on HB 2800, and opens a public hearing on HB 3407.

HB 3407 – PUBLIC HEARING

320

Chair Jenson

Closes the public hearing on HB 3407, and opens a public hearing on HB 3478.

HB 3478 – PUBLIC HEARING

322

Chair Jenson

Closes the public hearing on HB 3478, and opens a public hearing on HB 3477.

HB 3477 – PUBLIC HEARING

325

Chair Jenson

Closes the public hearing on HB 3477, and opens a public hearing on HB 3519.

HB 3519 – PUBLIC HEARING

327

Chair Jenson

Closes the public hearing on HB 3519, and opens a public hearing on HB 3597.

HB 3597 – PUBLIC HEARING

330

Chair Jenson

Closes the public hearing on HB 3597, and opens a public hearing on HB 3598.

HB 3598 – PUBLIC HEARING

335

Chair Jenson

Closes the public hearing on HB 3598, and enters into the record written testimony (EXHIBIT J) from Valerie Johnson-Eves of the Save the Salmon Coalition, and adjourns the meeting at 10:27 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 3094, -1 amendments, Staff, 1 p.

B – HB 2606, -1 amendments, Staff, 3 pp.

C – HB 2606, written testimony, Ed Bowles, 1 p.

D – HB 3249, written testimony, Wayne Giesy, 1 p.

E – HB 3249, written testimony, Denis Richey, 2 pp.

F – HB 3249, written testimony, Phil Donovan, 1 p.

G – HB 3249, written testimony, Ed Bowles, 1 p.

H – HB 3555, written testimony, Ken Evans, 4 pp.

I – HB 3555, written testimony, Ed Bowles, 1 p.

J – HB 3249, written testimony, Valerie Johnson-Eves, 1 p.