HOUSE COMMITTEE ON WATER

 

 

April 10, 2003 Hearing Room B

8:00 AM Tape  53 - 56

 

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 3519 – Public Hearing

                                                HB 2688 – Public Hearing and Work Session

                                                HB 2659 – Public Hearing and Work Session

                                                HB 3297 – Public Hearing and Work Session

                                                HB 2887 – Work Session

                                                HB 2800 – 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 53, A

003

Chair Jenson

Calls meeting to order at 8:10 a.m., and opens a public hearing on HB 3519.

HB 3519 – PUBLIC HEARING

010

Pete Test

Committee Administrator. Offers a description of HB 3519.

015

Chair Jenson

Explains that there could be contention on HB 3519, and may require future hearings.

030

Test

Offers a description of the proposed -1 amendment (EXHIBIT A).

050

Jeannette Holman

Division of State Lands (DSL). Offers written testimony (EXHIBIT B) regarding HB 3519, and expresses DSL’s concerns with the measure.

085

Chair Jenson

Clarifies the DSL’s position on the bill.

095

Rep. Schaufler

Clarifies that while the DSL has concerns with the bill, it would effectively limit harassment lawsuits.

100

Holman

Addresses the harassment issue.

115

Rep. Dingfelder

Questions why the bill is before the committee.

120

Chair Jenson

Explains that the Chair likes the bill.

125

Rep. Dingfelder

Asks whether the DSL makes some record of complaints to help limit harassment.

130

Holman

Defers to Mr. Purchase.

140

Steve Purchase

Division of State Lands. Offers a description of the current complaint record process including what information is obtained.

155

Rep. Dingfelder

Expresses concern for the discretionary aspect of the bill.

160

Rep. Schaufler

Clarifies that the discretionary option of the director must have some process.

170

Purchase

Explains that the DSL looks at all complaints, and that some complaints are made by the same party on numerous occasions.

180

Rep. Schaufler

Discusses the issue of frivolous complains, and the ability to assess a fee to help limit these complaints.

190

Purchase

Expresses concern that this fee could be seen as intimidation.

195

Rep. Kruse

Explains that these frivolous compliant could be seen as intimidation themselves. Further discusses the issue of complaints.

220

Holman

Discusses the need for some criteria of what harassment is.

240

Rep. Kruse

Comments on the reporting aspect, opinions that the agency would clarify the definition of “harassment” in rule.

260

Purchase

Explains that when the DSL comes to a litigious point with a compliant they rely on statute.

265

Rep. Kruse

Asks what that language should be in statute.

270

Purchase

Explains that he does not know what the language should be.

275

Rep. Kruse

Explains that he does not want to limit the discretionary ability to limit frivolous complaints.

295

Rep. Tomei

Asks how many complaints the DSL receives and how many are deemed frivolous.

300

Purchase

Explains that the division receives about two thousand complaints a year, but that he does not know how many could be considered harassment.

310

Rep. Tomei

Asks how that would break down per week, or per month.

315

Purchase

Explains that it would be around 175 – 200 per month.

325

Chair Jenson

Explains that this issue of DSL complaints is a big issue for rural communities and rural constituents.

335

Rep. Tomei

Expresses concern for reciprocity from large developers on those that raise complaints.

355

Holman

Discusses the concern of reciprocity and litigation.

375

Rep. Anderson

House District 3. Offers written testimony (EXHIBIT C) in support of HB 3519.

TAPE 54, A

025

Rep. Tomei

Asks whether Rep. Anderson has experience in frivolous complaints.

030

Rep. Anderson

Explains that he has constituents who have experienced such complaints, and offers an example.

040

Rep. Tomei

Asks whether Rep. Anderson’s intent is to punish the division as well as the frivolous complainers.

045

Rep. Anderson

Explains that the intent of the bill is to punish the complainer and the division if it furthers the process of frivolous complaints.

060

Rep. Tomei

Points out that the department has to follow each complaint.

065

Rep. Anderson

Explains that the division can follow up the complaint to deem it proper or frivolous. Explains how the bill would affect the process.

085

Rep. Tomei

Clarifies that the DSL has about 2000 complaints a year.

090

Rep. Anderson

Explains that about five of those would be frivolous.

095

Rep. Tomei

Expresses concern for increasing the work load on each complaint.

100

Rep. Anderson

Expresses his opinion that the number of complaints might be decreased with the bill.

105

Rep. Schaufler

Asks why there couldn’t be a limited fee of $50 on complaints, which were refundable if the issue were decided in favor of the complainer.

110

Chair Jenson

Thanks Rep. Anderson for bringing the bill, and discusses his intent to work on the bill further and discusses his intention regarding the bill. Explains the intent and language of the proposed -1 amendment. Closes the public hearing on HB 3519 and opens a public hearing on HB 2688.

HB 2688 – PUBLIC HEARING

170

Pete Test

Committee Administrator. Offers a description of HB 2688, and the proposed -1 amendment (EXHIBIT D).

185

Ken Armstrong

Oregon Ports Group. Offers testimony in support of HB 2688 and the proposed -1 amendment.

220

Pete Williamson

Port of St. Helens. Offers testimony in support of HB 2688.

255

Steve Purchase

Division of State Lands (DSL). Offers written testimony (EXHIBIT E) in support of HB 2688, with reference to a received letter from the Oregon State Land Board (EXHIBIT F) .

270

Rep. Dingfelder

Expresses her concerns regarding the fiscal impact of the original bill, and asks how the proposed -1 amendments have fixed this concern.

280

Purchase

Explains the intent of the -1 amendment.

315

Armstrong

Discusses the issue of “public purposes” as worded in the statute and in the bill.

340

Rep. Dingfelder

Restates her concerns that this bill could have a fiscal impact on the Common School Fund, and her hope that if the bill is passed out of committee that the DSL would ensure no impact.

350

Armstrong

Discusses the possible impact on the common school fund.

375

Rep. Schaufler

Asks whether the dredge material could be sold.

380

Purchase

Discusses the market for dredge material.

390

Rep. Schaufler

Asks whether there is a potential to make money for the common school fund.

400

Purchase

Acknowledges that there could be a positive impact on the common school fund, and further discuses the issue of marketing.

410

Williamson

Comments on the sales of the dredge material.

TAPE 53, B

015

Chair Jenson

Closes the public hearing on HB 2688, and opens a work session on HB 2688.

HB 2688 – WORK SESSION

015

Rep. Kruse

MOTION:  Moves to ADOPT HB 2688-1 amendments dated 04/02/03.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

025

Rep. Tomei

Asks whether the bill has a subsequent referral.

030

Pete Test

Committee Administrator. Explains that the bill will be run by the Legislative Fiscal Office before moving to the floor.

040

Chair Jenson

Points out that there could be a net gain for the common school fund from the bill.

045

Rep. Dingfelder

Expresses concern for the possible effects on the common school fund.

050

Test

Explains that fiscal would flag the bill if there is an impact.

055

Rep. Kruse

Points out that if the bill has an impact it will be sent to Ways and Means.

060

Rep. Jenson

Refers to the letter from the Land Board regarding the issue.

064

Rep. Tomei

Asks for a clarification.

065

Rep. Jenson

Discusses the membership of the State Land Board.

070

Rep. Flores

Discusses the intent of the mentioned letter.

075

Chair Jenson

Points out the focus and scope of the State Land Board.

085

 

VOTE:  7-0

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

 

Chair Jenson

The motion CARRIES.

SCHAUFLER will lead discussion on the floor.

095

Chair Jenson

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

HB 2659 – PUBLIC HEARING

105

Pete Test

Committee Administrator. Offers

125

Rep. Merkley

House District 47. Offers testimony in support of HB 2659 and the proposed -1 amendment (EXHIBIT G).

150

Rep. Dingfelder

Thanks Rep. Merkley for the work he has done on the issue and the measure.

180

Paul Donheffner

Oregon State Marine Board. Offers written testimony (EXHIBIT H) in support of HB 2659 and the proposed -1 amendment.

245

Rep. Flores

Asks if the measure would impact jet skis.

255

Donheffner

Explains the possible effect of the bill on jet skis.

265

Shane Jackson

Skippers for Clean Oregon Waters. Offers testimony in support of HB 2659 and the proposed -1 amendment.

305

Trey Carskadon

Tualatin, Oregon. Offers testimony in support of HB 2659 and the proposed -1 amendments.

340

Rep. Tomei

Asks what company Mr. Carskadon works for.

345

Carskadon

Indicates that he works for Advanced Marketing Solutions Inc., and describes the scope of the company.

360

Chair Jenson

Calls Rep. Dalto to testify.

370

Rep. Dalto

House District 21. Explains that while he does not feel the -1 amendment goes far enough in effecting the issue, he supports the -1 amendment.

390

Phil Donovan

Northwest Steelheaders. Offers testimony in support of HB 2659.

415

Donheffner

Clarifies language in the measure and expresses a possible need for conceptual amendments.

430

Chair Jenson

Clarifies the proposed conceptual amendments, but points out that this can be done on the Senate side.

435

Donheffner

Acknowledges.

450

Chair Jenson

Closes the public hearing on HB 2659, and opens a work session on HB 2659.

HB 2659 – WORK SESSION

TAPE 54, B

030

Rep. Dingfelder

MOTION:  Moves to AMEND the HB 2659 -1 amendments on page 1, in line 20, after "engines," insert a semicolon and delete the rest of the line.

035

Chair Jenson

Clarifies the language and intent of the conceptual amendment.

040

 

VOTE:  6-0

EXCUSED: 1 - Kruse

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

045

Rep. Dingfelder

MOTION:  Moves to ADOPT HB 2659 amendments dated 04/10/03, as conceptually amended.

050

 

VOTE:  5-0

EXCUSED:  2 - Kruse, Kropf

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

055

Rep. Dingfelder

MOTION:  Moves HB 2659 to the floor with a DO PASS AS AMENDED recommendation.

060

Chair Jenson

Asks Rep. Dingfelder if she would rescind her motion.

065

Rep. Dingfelder

Rescinds her previous motion to send HB 2659 to the floor with a Do Pass As Amended recommendation.

070

Test

Explains reason for the removal of the motion is to allow the proponents of the bill to attempt to have the subsequent referral to Ways and Means removed by eliminating the fiscal impact of the measure.

080

Rep. Dingfelder

Points out that the revised amendment effectively eliminates the fiscal impact.

085

Chair Jenson

Indicates that the speaker is the only one who can withdraw a subsequent referral.

090

Rep. Kruse

Points out that the committee can recommend to the speaker that a subsequent referral be rescinded.

100

Chair Jenson

Closes the work session on HB 2659, and opens a public hearing on HB 3297.

HB 3297 – PUBLIC HEARING

105

Pete Test

Committee Administrator. Offers a description of HB 3297.

130

John Lilly

Division of State Lands. Offers written testimony (EXHIBIT I) in opposition to HB 3297.

225

Scott Ashcom

Oregon Agricultural Alliance. Offers testimony in support of HB 3297.

360

Rep. Dingfelder

Expresses her concern regarding the impact on the common school fund, but asks about conflicts between private land owners.

375

Ashcom

Points out that currently there are no such conflicts, and he does not believe that conflicts would be created due to the measure.

385

Rep. Dingfelder

Clarifies her question; currently permits are required to build the relevant structures, and that passage of the bill would no longer require this.

390

Ashcom

Acknowledges.

395

Rep. Dingfelder

Clarifies her question.

TAPE 55, A

005

Ashcom

Expresses doubt that there would be such conflicts.

015

Rep. Dingfelder

Reiterates her concerns regarding the potential for a negative affect on the common school fund.

020

Lilly

Addresses Rep. Dingfelder’s concerns regarding creating conflicts.

035

Ashcom

Expresses uncertainty as to whether the Division of state lands has the relevant authority currently.

045

Chair Jenson

Indicates that he would like clarification from Legislative Counsel regarding the conflict concerns.

055

Rep. Schaufler

Asks how the structures in question are classified, and asks about the different permitting process.

065

Ashcom

Discusses the permitting process.

070

Lilly

Further comments on the permitting process.

080

Rep. Schaufler

Reiterates his previous question about the permitting process.

090

Lilly

Acknowledges.

100

Rep. Kropf

Disagrees with Rep. Schaufler regarding the private property issues. Refers to a meeting in his district where property concerns were expressed.

115

Chair Jenson

Explains that these concerns can be addressed in work session.

120

Rep. Kropf

Asks about specific wording in the bill, clarifying that currently there are no permits required to install a water pump.

125

Lilly

Explains that currently there is no required easement needed unless you are installing a pump under a new water right.

135

Rep. Kropf

Clarifies that when pumping locations are transferred there is a requirement for a new pump.

140

Lilly

Further discusses the issue of easement.

145

Chair Jenson

Clarifies that those issues are decided in rule, and points out the flexibility with rule.

150

Lilly

Acknowledges.

155

Chair Jenson

Comments on the flexibility of rule.

160

Rep. Kropf

Asks whether, if a landowner currently has such a permit, they are paying money into the common school fund.

165

Lilly

Explains, discussing the issue in regards to easement.

175

Rep. Kropf

Restates his previous question.

180

Lilly

Explains that if an individual owns a dock currently they are paying into the common school fund.

190

Rep. Kropf

Clarifies that as the bill is currently written, would keep those who currently own a dock from paying into the common school fund.

195

Lilly

Explains that current docks would not be required to pay into the common school fund.

200

Rep. Kruse

Clarifies that there would be no loss to the common school fund, but a possible loss of future funds.

215

Rep. Kropf

Explains that this was his point.

220

Lilly

Acknowledges.

225

Ashcom

Discusses the issue.

235

Rep. Kropf

Clarifies the possible loss to the common school fund.

245

Lilly

Offers an example to emphasis the point.

275

Rep. Kropf

Asks whether this fee would also cover improvements.

280

Lilly

Explains that these structures are not registered with the county tax assessor.

295

Brendan McCarthy

Deputy Legislative Council. Offers his opinion regarding the issue.

340

Rep. Schaufler

Clarifies the issue, offering an example situation.

380

McCarthy

Discusses Rep. Schaufler’s offered example.

410

Rep. Tomei

Points out that she own property on the river. Asks that the state owns not only the river but the bank.

TAPE 56, A

005

McCarthy

Acknowledges.

010

Rep. Tomei

Points out that she has neighbors who have property on a slew and are taxed on this ownership.

015

McCarthy

Expresses concern for offering an opinion on a specific situation which he does not have prior knowledge of.

045

Jean Wilkinson

Oregon Farm Bureau. Offers testimony in support of HB 3297.

075

Rep. Schaufler

Explains that he does not want to limit any ability to divert water for irrigation. Clarifies the intent of the bill.

095

Wilkinson

Discusses the possible outcomes of the bill.

100

Katie Fast

Oregon Cattlemen’s Association. Offers testimony in favor of HB 3297.

105

Chair Jenson

Closest the public hearing on HB 3297, and opens a work session on HB 3297.

HB 3297 – WORK SESSION

110

Rep. Kropf

MOTION:  Moves HB 3297 to the floor with a DO PASS recommendation.

115

Rep. Tomei

Expresses her intent to vote NO on the measure.

120

Rep. Dingfelder

Expresses her intent to vote NO on the bill, due to the possible impact on the common school fund.

130

Rep. Kruse

Expresses his belief that there are no impacts on the common school fund.

145

Rep. Dingfelder

Expresses her concern for the children of Oregon

150

Rep. Schaufler

Explains that he will vote AYE on the bill, but expresses concern for the common school fund.

175

Rep. Kropf

Expresses his support for the measure with concern for the grandfather issue. Discusses potential losses to the common school fund.

200

Rep. Tomei

Announces a potential conflict of interest.

210

Rep. Kropf

Announces a potential conflict of interest.

215

 

VOTE:  5-2

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

NAY:               2 - Dingfelder, Tomei

 

Chair Jenson

The motion CARRIES.

FLORES will lead discussion on the floor.

220

Chair Jenson

Closes the work session on HB 3297, and opens a work session on HB 2887.

HB 2887 – WORK SESSION

230

Pete Test

Committee Administrator. Offers a description of HB 2887, and the proposed -2 amendments (EXHIBIT J).

240

Rep. Kruse

MOTION:  Moves to ADOPT HB 2887-2 amendments dated 04/03/03.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

245

Rep. Jenson

MOTION:  Moves HB 2887 to the floor with a DO PASS AS AMENDED recommendation.

250

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

255

Rep. Kruse

MOTION:  Moves HB 2887 be placed on the CONSENT CALENDAR.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

270

Chair Jenson

Closes the work session on HB 2887, and opens a public hearing on HB 2800.

HB 2800 – PUBLIC HEARING

280

Rep. Kropf

Indicates his support for the bill.

390

Rep. Dingfelder

Declares a potential conflict of interest on the bill.

305

Rick Gustafson

Oregon Gardens, Executive Director. Offers written testimony (EXHIBIT K) in support of HB 2800.

360

Scott Ashcom

Oregon Agricultural Alliance. Offers testimony in support of HB 2800 and the proposed -1 amendments (EXHIBIT L).

390

Chair Jenson

Clarifies that the -1 amendment change the funding from the general fund to the Oregon Watershed Enhancement Board.

400

Ashcom

Acknowledges.

TAPE 55, B

001

Rep. Tomei

Asks about specific wording in Mr. Gustafson’s testimony.

002

Chair Jenson

Clarifies the wording.

005

Rep. Kruse

Asks how the Department of Agriculture (DOA) fits into the issue.

010

Gustafson

Discusses the role of the DOA.

020

Allison Henley

Oregon Watershed Enhancement Board. Offers written testimony (EXHIBIT M) regarding HB 2800.

055

Rep. Kruse

Explains that he agrees with OWEB on their concerns for the measure, and the evasion of the current OWEB funding application process.

075

Rep. Dingfelder

Explains that she agrees with Rep. Kruse.

080

Rep. Tomei

Indicates her agreement with Rep. Kruse.

090

Chair Jenson

Expresses his concerns with micromanaging any state agency.

125

Henley

Explains that the OWEB is in talks with Oregon State University on the issue.

135

Rep. Kruse

Points out his support for the research involved.

145

Chair Jenson

Concurs, indicating his support for the Oregon Gardens. Discusses the upcoming schedule for the committee. Recesses the meeting at 11:08 a.m.

RECESS

215

Chair Jenson

Calls meeting back to order at 5:00 p.m.

220

Pete Test

Offers an explanation of what still needs to happen in committee on HB 2688, HB 2659.

295

Chair Jenson

Discusses the issues regarding those bills, adjourns the meeting at 5:05 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 3519, -1 amendments, Staff, 1 p.

B – HB 3519, written testimony, Jeannette Holman, 2 pp.

C – HB 3519, written testimony, Rep. Anderson, 2 pp.

D – HB 2688, -1 amendments, Staff, 2 pp.

E – HB 2688, written testimony, Steve Purchase, 2 p.

F – HB 2688, Oregon State Land Board letter, Steve Purchase, 1 p.

G – HB 2659, -1 amendments, Staff, 2 pp.

H – HB 2659, written testimony, Paul Donheffner, 2 pp.

I – HB 3297, written testimony, John Lilly, 2 pp.

J – HB 2887, -2 amendments, Staff, 1 p.

K – HB 2800, written testimony, Rick Gustafson, 4 pp.

L – HB 2800, -1 amendments, Staff, 1 p.

M – HB 2800, written testimony, Allison Hensey, 5 pp.