HOUSE COMMITTEE ON WATER

 

 

April 15, 2003 Hearing Room B

8:00 AM Tape  61 - 64

 

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 2459 – Work Session

                                                HB 2255 – Work Session

                                                HB 2515 – Work Session

                                                HB 3620 – Work Session

                                                HB 3616 – Work Session

                                                HB 3534 – Work Session

                                                HB 2253 – Work Session

                                                HB 2431 – Work Session

                                                HB 2364 – Work Session

                                                HB 2459 – 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 61, A

003

Chair Jenson

Calls meeting to order at 8:14 a.m.

005

 Chair Jenson

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering the vote by which HB 2459 was sent to the floor.

 

 

VOTE:  5-0

EXCUSED:  2 - Kruse, Kropf

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

010

Chair Jenson

Opens a work session on HB 2459.

HB 2459 – WORK SESSION

010

 Chair Jenson

MOTION:  Moves to RECONSIDER the vote by which HB 2459 was sent to the floor.

015

 

VOTE:  5-0

EXCUSED:  2 - Kruse, Kropf

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

020

Pete Test

Committee Administrator. Offers description of HB 2459, the proposed -1 amendments (EXHIBIT A), and the issued fiscal statement (EXHIBIT B).

030

Chair Jenson

Recesses the work session on HB 2459, and opens a work session on HB 2255.

HB 2255 – WORK SESSION

035

Pete Test

Committee Administrator. Offers a description of HB 2255, and the proposed -2 amendments (EXHIBIT C).

040

Chair Jenson

Recesses the meeting.

RECESS

041

Chair Jenson

Calls meeting back to order.

045

Rep. Tomei

MOTION:  Moves to ADOPT HB 2255-2 amendments dated 04/14/03.

 

 

VOTE:  6-0

EXCUSED:  1 - Kropf

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

050

Rep. Tomei

MOTION:  Moves HB 2255 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

055

Chair Jenson

Points out that there was dissention on the measure during initial discussion, and outlines the attempt to reconcile those concerns.

065

 

VOTE:  6-0

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

EXCUSED:  1 - Kropf

 

Chair Jenson

The motion CARRIES.

070

Chair Jenson

Closes the work session on HB 2255, and opens a work session on HB 2515.

2515 – WORK SESSION

075

Chair Jenson

Closes the work session on HB 2515, and opens a work session on HB 3620.

3620 – WORK SESSION

080

Pete Test

Committee Administrator. Offers a description of HB 3620.

085

Chair Jenson

Comments on the significance of the bill, but points out the rather large fiscal impact, which might be mitigated through amendments.

100

Keith Leavitt

Port of Portland. Offers testimony in support of HB 3620

140

Chair Jenson

Comments on the timeframe for the meeting, and asks what the major issue is with the fiscal.

145

Leavitt

Comments on the fiscal impact of the bill, and how the proposed amendments would address and eliminate this impact.

155

Chair Jenson

Asks how specific standards would be met without enforcement by the Division of Environmental Quality.

160

Leavitt

Comments on the need for enforcement regarding the issue.

175

Chair Jenson

Indicates the Chair’s awareness of the importance of the issue.

185

Rep. Kruse

Asks whether it would make sense to keep standards uniform with the other western states.

195

Mark Systma

Portland State University. Offers testimony in support of HB 3620, with comments on the uniformity of the standards.

210

Chair Jenson

Asks whether there is a representative of the DEQ present to testify.

215

Systma

Explains that the DEQ representative is coming shortly with the amendments.

220

Bob Danko

Department of Environmental Quality. Introduces the intent of the proposed amendments, and outlines the changes which those amendments would introduce.

240

Chair Jenson

Clarifies that with the three mentioned changes the fiscal impact of the bill would be eliminated.

245

Danko

Acknowledges, that with those changes the fiscal impact would be mitigated.

250

Rep. Schaufler

Asks who would pay for the new standards if the DEQ did not.

255

Danko

Comments on the task force’s work on the issue, with each party paying for their participation, and staffing provided through federal grants and Portland State University.

260

Rep. Dingfelder

Asks whether the Task Force membership would change at all.

265

Danko

Recalls that there would be no change in the membership of the task force.

270

Chair Jenson

Explains that there will be a work session held on HB 3629 next Thursday. Closes the work session on HB 3620, and opens a work session on HB 3616.

HB 3616 – WORK SESSION

300

Pete Test

Committee Administrator. Offers a description of HB 3616, and the proposed -1 amendments (EXHIBIT D).

310

Chair Jenson

Recognizes the lack of time to consider the -1 amendments to HB 3616. Closes the work session on HB 3616, and opens a work session on HB 3534.

HB 3534 – WORK SESSION

330

Pete Test

Committee Administrator. Offers a description of HB 3534.

340

Rep. Wayne Krieger

House District 1. Offers testimony in support of HB 3534, and introduces the proposed -3 amendments (EXHIBIT E) which affectively rewrite the entire bill.

400

Jim Myron

Governor’s Office. Indicates his support for the bill with the -3 amendments. Points out that the staffing of the work group would not cause a fiscal impact because the indicated agencies are already involved.

420

Rep. Tomei

Asks about a specific provisions in the original bill which would remove the Territorial Sea Plan, and asks whether this provision would still be apart of the bill with the -3 amendments.

425

Rep. Krieger

Indicates that this provision has been removed by the -3 amendments, and further discusses the issue.

435

Rep. Tomei

Asks whether the administration of the program would still be transferred from the Department of Land, Conservation, and Development (LCDC).

TAPE 62, A

035

Rep. Krieger

Comments on the involvement of the LCDC.

040

Rep. Schaufler

Asks whether the deletions in the amendments were in the original bill.

045

Rep. Krieger

Discusses the deletions in question.

055

Rep. Schaufler

Expresses his concern with being rushed on the bill.

060

Chair Jenson

Discusses the need for expedience on the bill. Thanks Rep. Krieger for his hard work on the bill.

065

Rep. Krieger

Thanks the Chair.

070

Jim Myron

Thanks all those who worked on the bill.

075

Chair Jenson

Thanks the Governor’s office for their work on the bill.

080

Rep. Kruse

MOTION:  Moves to ADOPT HB 3534-3 amendments dated 04/14/03.

 

 

VOTE:  6-0

EXCUSED:  1 - Kropf

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

085

Rep. Kruse

MOTION:  Moves HB 3534 to the floor with a DO PASS AS AMENDED recommendation.

090

 

VOTE:  6-0

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

EXCUSED:  1 - Kropf

 

Chair Jenson

The motion CARRIES.

REP. KRIEGER will lead discussion on the floor.

095

Rep. Krieger

Thanks the committee for their time.

100

Chair Jenson

Closes the work session on HB 3534, and opens a work session on HB 3616.

HB  3616 – WORK SESSION

105

Chair Jenson

Asks the witnesses to comment on the bill.

115

Mike Barsotti

Oregon Department of Forestry. Offers a written overview (EXHIBIT F) HB 3616, with reference to the Conservation Incentives Work Group: Report to the 72nd Legislative Assembly (EXHIBIT G).

140

Sara Vickerman

Defenders of Wildlife. Offers testimony in support of HB 3616.

170

Ray Jaindl

Oregon Department of Agriculture. Offers testimony regarding HB 3616.

200

Jean Wilkinson

Oregon Farm Bureau. Offers testimony regarding HB 3616.

285

Katie Fast

Oregon Cattlemen’s Association. Offers testimony in opposition to HB 3616, expressing concern with the conservation easement.

325

Chair Jenson

Asks Ms. Vickerman to address Ms. Fast’s concerns.

330

Vickerman

Explains that she thinks these concerns are addressed in the amendments.

335

Chair Jenson

Asks whether those concerned could get together and discuss the issue.

340

Fast

Indicates she would be willing to meet with Ms. Vickerman.

345

Rep. Dingfelder

Clarifies that the conservation tools created by the bill would just be for those land owners who want to participate.

350

Jean Wilkinson

Acknowledges, but discusses her groups concerns with allowing any farmland for conservation easement.

395

Rep. Dingfelder

Clarifies that there are currently similar conservation tools available, and clarifies the concerns expressed by Ms. Wilkinson.

400

Wilkinson

Comments on the conservation tools mentioned by Rep. Dingfelder, and points out that easement might take farmland out of production permanently.

TAPE 61, B

010

Vickerman

Points out that conservation easement does not necessarily mean that the land will be taken out of production.

025

Wilkinson

Acknowledges Ms. Vickerman’s point, and points out the need for those concerned to come together and work on the issue.

030

Chair Jenson

Discusses his wish to see cooperation on the measure, and expresses concern for the dissention on the easement issue. Asks that an amendment be drafted which would remove the easement portion of the bill, which could be considered by the committee. Closes the work session on HB 3616, and opens a work session on HB 2253.

HB 2253 – WORK SESSION

065

Pete Test

Committee Administrator. Offers a description of HB 2253, and the proposed -2 amendments (EXHIBIT H).

080

John Lilly

Division of State Lands. Offers testimony in support of HB 2253 and the proposed -2 amendments.

125

Rep. Dingfelder

Asks this would affect the amount of fees which would be collected by the Division.

130

Lilly

Comments on the fee collection and indicates the amount collected would be about the same.

145

Tom Quintal

Salem, Oregon. Offers written testimony (EXHIBIT I) in support of HB 2253 with the proposed -2 amendments. Introduces written testimony in support of the bill with the -2 amendments from: Don Hammer (EXHIBIT J), Mary Atkinson (EXHIBIT K), and Gary Schrader (EXHIBIT L).

175

Rep. Dingfelder

MOTION:  Moves to ADOPT HB 2253-2 amendments dated 04/15/03.

 

 

VOTE:  5-0

EXCUSED:  2 - Kruse, Kropf

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

195

Rep. Dingfelder

MOTION:  Moves HB 2253 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

200

 

VOTE:  4-2

AYE:               4 - Dingfelder, Flores, Schaufler, Tomei

NAY:               2 - Kruse, Jenson

EXCUSED:     1 - Kropf

 

Chair Jenson

The motion CARRIES.

230

Chair Jenson

Closes the work session on HB 2253, and opens a work session on HB 2431.

HB 2431 – WORK SESSION

235

Pete Test

Committee Administrator. Offers a description of HB 2431, and introduces the -5 amendments (EXHIBIT M) which effectively replace the original wording and intent of the bill.

265

Mel Stewart

Salem, Oregon. Offers written testimony (EXHIBIT N) in support of HB 2431, and the proposed -5 amendments.

330

John Lilly

Division of State Lands. Offers testimony regarding HB 2431 as amended by the proposed -5 amendments.

375

Stewart

Indicates he would support the proposed amendments as mentioned by Mr. Lilly.

390

Chair Jenson

Asks Mr. Stewart to meet further with Mr. Lilly on this issue.

400

Rep. Tomei

Asks Mr. Lilly to address the legal case mentioned by Mr. Stewart.

405

Lilly

Comments on the legal case in question.

TAPE 62, B

010

Rep. Schaufler

Clarifies that many of the issues were taken care of during the last session, and asks how many applications the division processes each year, in the last four years, and how many of those applications are still contested.

020

Lilly

Comments on the number of applications and the number of those which are contested.

030

Rep. Schaufler

Asks whether the previously indicated timeline would help avoid some of the contested applications.

035

Lilly

Discusses the timeline in regards to contested applications.

040

Chair Jenson

Points out that Rep. Kropf is the sponsor of the bill, and asks him to comment on the proposed -5 amendments.

055

Rep. Kropf

Comments on the -5 amendments, indicating his support for the policy issues which are addressed by the amendments.

065

Chair Jenson

Closes the work session on HB 2431, and opens a work session on HB 2364.

HB 2364 – WORK SESSION

075

Pete Test

Committee Administrator. Offers a description of HB 2364.

090

Glen Stonebrink

Oregon Cattleman’s Association. Offers testimony in support of HB 2364.

130

Vice-Chair Kropf

Asks Mr. Stonebrink to address the assumption process on the Senate side.

135

Stonebrink

Comments on the assumption process on the Senate side.

150

Liz Frenkel

League of Women Voters of Oregon. Offers testimony in opposition to HB 2364.

190

Rep. Dingfelder

Expresses her concerns regarding current court cases which deal with this issue.

200

Frenkel

Discusses those relevant court cases.

230

Ann Hanus

Division of State Lands, Director. Offers testimony in opposition to HB 2364.

270

Rep. Kropf

Asks whether Ms. Hanus agrees that the SB 404 Senate process is dead.

275

Hanus

Indicates that she believes the process for that bill is dead.

280

Rep. Kropf

Questions whether the failure of that bill would not affect this bill.

285

Hanus

Comments on the relationship between the two bills.

295

Rep. Kropf

Asks whether Ms. Hanus agrees that the bill would save money.

300

Hanus

Acknowledges, and discusses the possible savings.

325

Rep. Kropf

Points out that this bill would constitute a significant change. Discusses his current indecision regarding the bill.

355

Rep. Kruse

Points out certain aspects of the bill which he likes, but expresses concerns with some aspects of the bill.

390

Rep. Kropf

Expresses his appreciation for many aspects of Oregon’s wetland laws, but points out the burden which these laws can place on business in Oregon.

TAPE 63, A

005

Rep. Schaufler

Acknowledges that the permit process is confusing, and indicates his wish to see the process readdressed. However points out his concern with the bill as written.

010

Rep. Kruse

Clarifies that the bill has a subsequent referral to Ways and Means, and points out that most likely the bill would be sent to the subcommittee that Rep. G. Smith (one of the bills chief sponsors) sits on. Questions whether some of the controversial concerns could not be addressed in that committee.

025

Rep. Flores

Concurs with Rep. Kruse, expressing interest in sending the bill to Ways and Means.

030

Rep. Dingfelder

Points out the large amount of confusion in permitting rests with the federal program and not with the state program. Indicates her intention to vote NO on the bill.

060

Rep. Kropf

Points out that the Ways and Means subcommittee could spend more time on the bill.

065

Chair Jenson

Expresses his inclination to not move the bill forward today. Points out his sympathy for the intent of the bill, and discusses the relationship to the common school fund. Also discusses the issues expressed regarding the permitting process, but points out his concerns for the bill. Expresses his wish to see the issue readdressed during the interim. Enters written testimony (EXHIBIT O) from Scott Duckett, the Wetlands and Open Waterways Manager for the City of Eugene. Closes the work session on HB 2364, and reopens the work session on HB 2459.

HB 2459 – WORK SESSION

140

Chair Jenson

Points out that there are proposed amendments which would eliminate the fiscal impact of the bill.

155

Pete Test

Committee Administrator. Offers an explanation of the proposed -1 amendment.

165

Rep. Kruse

Points out that the amendment is consistent with the intent of the bill.

170

Rep. Kruse

MOTION:  Moves to ADOPT HB 2459-1 amendments dated 04/14/03.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

175

Rep. Kropf

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

180

Rep. Dingfelder

Expresses her intention to vote NO on the bill.

190

 

VOTE:  4-3

AYE:               4 - Flores, Kropf, Kruse, Jenson

NAY:               3 - Dingfelder, Schaufler, Tomei

 

Chair Jenson

The motion CARRIES.

KRUSE will lead discussion on the floor.

195

Chair Jenson

Closes the work session on HB 2459, and reopens a work session on HB 2515.

HB 2515 – WORK SESSION

200

Pete Test

Committee Administrator. Offers a description of HB 2515. Points out the bill’s fiscal impact statement.

210

Rep. Kruse

Points out the need to send HB 2515 to Ways and Means.

220

Rep. Kruse

MOTION:  Moves HB 2515 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means.

230

Rep. Dingfelder

Points out her past work on the issue, and support for the intent of the bill, but concerns with the funding as outlined in the bill. Expresses her intent to vote NO on the bill.

245

Rep. Schaufler

Indicates his support for the intention, but concerns for the funding decision.

250

Rep. Kruse

Points out the funding decision should not be decided by this committee, but rather by the Committee on Ways and Means.

255

Rep. Dingfelder

Expresses concern for the policy of the funding.

265

Rep. Kropf

Indicates his support for the policy and funding mechanism.

270

Rep. Kruse

Comments on the relevant federal match program.

275

Rep. Flores

Clarifies that Rep. Dingfelder is in opposition to her former colleague; Mr. McDonald.

285

Rep. Dingfelder

Comments on hers and Mr. McDonald’s dissenting opinions.

305

Chair Jenson

Comments on the need for technical assistance which would be provided by HB 2515.

340

 

VOTE:  4-3

AYE:               4 - Flores, Kropf, Kruse, Jenson

NAY:               3 - Dingfelder, Schaufler, Tomei

 

Chair Jenson

The motion CARRIES.

350

Chair Jenson

Closes the work session on HB 2515, and calls William Hoetscher.

365

William Hoetscher

Portland, Oregon. Offers testimony in support of the -5 amendments to HB 2431.

TAPE 64, A

001

Hoetscher

Continues with testimony in support of the proposed -5 amendments to HB 2431.

040

Chair Jenson

Adjourns the meeting at 10:37 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2459, -1 amendments, Staff, 1 p.

B – HB 2459, fiscal impact statement, Staff, 2 pp.

C – HB 2255, -2 amendments, Staff, 2 pp.

D – HB 3616, -1 amendments, Staff, 12 pp.

E – HB 3534, -3 amendments, Rep. Krieger, 12 pp.

F – HB 3616, written overview, Mike Barsotti, 2 pp.

G – HB 3616, Conservation Incentives Work Group: Report to the 72nd Legislative Assembly, Mike Barsotti, 53 pp.

H – HB 2253, -2 amendments, Staff, 1 p.

I – HB 2253, written testimony, Tom Quintal, 1 p.

J – HB 2253, submitted testimony of Don Hammer, Tom Quintal, 1 p.

K – HB 2253, submitted testimony of Mary Atkinson, Tom Quintal, 1 p.

L – HB 2253, submitted testimony of Gary and Trudy Schrader, Tom Quintal, 1 p.

M – HB 2431, -5 amendments, Staff, 25 pp.

N – HB 2431, written testimony, Mel Stewart, 2 pp.

O – HB 2364, submitted letter, Staff, 1 p.