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 72^nd 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 72^nd 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.