HOUSE COMMITTEE ON WATER

 

 

April 29, 2003 Hearing Room B

8:30 AM Tape  78 - 80

 

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 3534 – Work Session

                                                HB 2138 – Work Session

                                                HB 2606 – Work Session

                                                HB 2887A – Work Session

                                                HB 3519 – Work Session

                                                SB 174 – Work Session

                                                HB 3220 – 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 78, A

003

Chair Jenson

Calls meeting to order at 8:10 a.m., and opens a work session on HB 3534.

HB 3534 – WORK SESSION

005

 Chair Jenson

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering the vote on HB 3534.

 

 

VOTE:  5-0

EXCUSED:  2 - Kruse, Kropf

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

010

Rep. Dingfelder

MOTION:  Moves to RECONSIDER the vote by which HB 3534 was send Do Pass as Amended to the floor.

 

 

VOTE:  5-0

EXCUSED:  2 - Kropf, Kruse

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

015

Rep. Dingfelder

MOTION:  Moves HB 3534 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.

020

 

VOTE:  5-0

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

EXCUSED:  2 - Kropf, Kruse

 

Chair Jenson

The motion CARRIES.

040

Chair Jenson

Closes the work session on HB 3534, and opens a work session on HB 2138.

HB 2138 – WORK SESSION

045

Pete Test

Committee Administrator. Offers a description of HB 2138, and introduces the proposed -4 amendments (EXHIBIT A).

055

Ed Bowles

Oregon Department of Fish and Wildlife, Fish Division. Indicates his support for HB 2138 and the proposed -4 amendments.

065

Chair Jenson

Thanks Mr. Myron for his work on the amendments to the bill.

070

Jim Myron

Governor’s Office. Offers testimony in support of HB 2138 and the proposed -4 amendments.

075

Chair Jenson

Explains the history of the bill and issue, and recognizes all those who participated in drafting the legislation.

145

Rep. Dingfelder

MOTION:  Moves to ADOPT HB 2138-4 amendments dated 04/29/03.

 

 

VOTE:  6-0

EXCUSED:  1 - Kruse

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

150

Rep. Dingfelder

MOTION:  Moves HB 2138 to the floor with a DO PASS AS AMENDED recommendation.

155

Rep. Dingfelder

Thanks the Chair for his hard work on the bill and the issue.

160

Chair Jenson

Thanks Rep. Dingfelder and others for their work on the issue.

215

 

VOTE:  6-0

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

EXCUSED:  1 - Kruse

 

Chair Jenson

The motion CARRIES.

CHAIR JENSON will lead discussion on the floor.

220

Chair Jenson

Closes the work session on HB 2138, and opens a work session on HB 2606.

HB 2606 – WORK SESSION

225

Pete Test

Committee Administrator. Offers a description of HB 2606, and introduces the proposed -5 amendments (EXHIBIT B).

230

Chair Jenson

Asks Mr. Myron to address the -5 amendments.

235

Jim Myron

Governor’s Office. Offers testimony in favor of the HB 2606 with the -5 amendments.

250

Ed Bowles

Oregon Department of Fish and Wildlife. Offers testimony in support of HB 2606 and the proposed -5 amendments. Indicates the possible need for a conceptual amendment.

265

Chair Jenson

Asks Mr. Bowles to give the wording of the proposed conceptual amendments.

270

Bowles

Explains the wording of the conceptual amendments.

280

Chair Jenson

Further clarifies the language of the conceptual amendments.

285

Bowles

Acknowledges the clarification.

290

Chair Jenson

Indicates his interest to include the conceptual amendments to the bill, and reiterates the proposed conceptual amendments.

300

Rep. Tomei

MOTION:  Moves to AMEND the -5 amendments to HB 2606 on page 3, in line 1, delete "to assist in," insert "consistent with".

305

Chair Jenson

Explains the conceptual amendment to the -5 amendments.

315

 

VOTE:  6-0

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

EXCUSED:  1 - Kropf

 

Chair Jenson

The motion CARRIES.

320

Rep. Tomei

MOTION:  Moves to ADOPT HB 2606-5 amendments dated 4/29/03 as conceptually amended.

235

 

VOTE:  6-0

EXCUSED:  1 - Kruse

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

240

Rep. Tomei

MOTION:  Moves HB 2606 to the floor with a DO PASS AS AMENDED recommendation.

345

Rep. Dingfelder

Thanks those who were involved in the bill and the issue.

350

Chair Jenson

Concurs with Rep. Dingfelder.

355

 

VOTE:  6-0

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

EXCUSED:  1 - Kruse

 

Chair Jenson

The motion CARRIES.

DINGFELDER will lead discussion on the floor.

360

Chair Jenson

Closes the work session on HB 2606 and opens a work session on HB 2887.

HB 2887A – WORK SESSION

365

Pete Test

Committee Administrator. Offers a description of HB 2887A, and indicates why the bill was re-referred to Committee.

385

Chair Jenson

Clarifies that Legislative Counsel is ok with the issue.

390

Rep. Tomei

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

395

 

VOTE:  6-0

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

EXCUSED:  1 - Kruse

 

Chair Jenson

The motion CARRIES.

400

Chair Jenson

Clarifies the previous motion for the record.

410

Rep. Tomei

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

 

 

VOTE:  6-0

EXCUSED:  1 - Kruse

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

415

Chair Jenson

Closes the work session on HB 2887A, and opens a work session on HB 3519.

TAPE 79, A

HB 3519 – WORK SESSION

020

Pete Test

Committee Administrator. Offers a description of HB 3519. Introduces and describes the proposed -9 amendments (EXHIBIT C) and -10 amendments (EXHIBIT D).

040

Chair Jenson

Recesses the work session on HB 3519 and reopens the work session on HB 3519 upon seeing Rep. Doyle enter the room.

045

Representative Dan Doyle

House District 19. Offers testimony in support of HB 3519 with the proposed -9 amendments added.

075

Rep. Kropf

Expresses concern for specific wording in the proposed -9 amendments.

085

Rep. Doyle

Indicates that he cannot address that topic for lack of substantive knowledge, and defers to other witnesses.

090

Rep. Kropf

Thanks Rep. Doyle for his work on the issue.

095

Chair Jenson

Concurs with Rep. Kropf in recognizing Rep. Doyle. Recesses the work session on HB 3519, and opens a work session on SB 174.

SB 174 – WORK SESSION

100

Chair Jenson

Comments on the issues surrounding SB 174.

110

Pete Test

Committee Administrator. Offers a description of SB 174 with reference to the action taken on the bill on the Senate side.

120

Chair Jenson

Points out the recent history of the bill, indicating that the Judiciary Committee is comfortable with the Water Committee moving the bill.

130

Rep. Tomei

MOTION:  Moves SB 174 to the floor with a DO PASS recommendation.

135

Chair Jenson

Clarifies the previous motion.

140

 

VOTE:  6-0

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

EXCUSED:  1 – Kruse, Kropf (vote recorded: Tape 79A, #155)

 

Chair Jenson

The motion CARRIES.

145

Rep. Tomei

MOTION:  Moves SB 174 be placed on the CONSENT CALENDAR.

150

Chair Jenson

Clarifies the current motion to Rep. Kropf.

152

Rep. Kropf

Acknowledges.

155

 

VOTE:  6-0

EXCUSED:  1 - Kruse

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

160

Chair Jenson

Asks if Rep. Kropf would like to record a vote on the motion to send SB 174 to the floor with a Do Pass recommendation.

162

Rep. Kropf

Indicates that he would like to record such a vote.

165

Rep. Kropf

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. KROPF to BE RECORDED as voting AYE on the MOTION:  Moves SB 174 to the floor with a DO PASS recommendation.

 

 

VOTE:  6-0

EXCUSED:  1 - Kruse

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

170

Chair Jenson

Closes the work session on SB 174 and reopens the work session on HB 3519.

HB 3519 – WORK SESSION

180

Chair Jenson

Asks Ms. Holman to address the -10 amendments.

190

Jeannette Holman

Division of State Lands (DSL). Offers testimony in support of the proposed -10 amendments to HB 3519.

230

Chair Jenson

Clarifies that the DSL is in concurrence with the -10 amendments.

235

Holman

Acknowledges.

240

Rep. Dingfelder

Asks for a clarification of the reporting requirement.

245

Holman

Further discusses the reporting requirement.

250

Rep. Dingfelder

Further clarifies the reporting requirements.

255

Holman

Discusses the reporting requirements.

260

Chair Jenson

Points out, the Department of Agriculture has a similar reporting requirement.

270

Marc Lucca

Rep. Gordon Anderson’s Office. Offers testimony in favor of the proposed -10 amendments to HB 3519.

315

Chair Jenson

Welcomes a group of students from Westlund Middle School, and offers them a brief overview of the issue currently being discussed before the committee.

330

Rep. Anderson

House District 3. Offers testimony in opposition to the proposed -9 amendment to HB 3519.

370

Rep. Kruse

Comments on the original intent of the bill.

375

Rep. Anderson

Indicates the -10 amendments address the original intent of the bill.

380

Rep. Dingfelder

MOTION:  Moves to ADOPT HB 3519-10 amendments dated 04/28/03.

385

Rep. Flores

Clarifies that this motion only adopts the -10 amendments and not the -9 amendments.

390

Chair Jenson

Acknowledges.

395

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

400

Chair Jenson

Recesses the work session on HB 3519, and opens a work session on HB 3220.

TAPE 78, B

HB 3220 – WORK SESSION

020

Pete Test

Committee Administrator. Offers a description of HB 3220, and a brief history of the issue. Introduces the -4 amendments (EXHIBIT E).

030

Chair Jenson

Further comments on the recent history of HB 3220.

045

Rep. Tomei

Indicates that she is unclear as to what the -4 amendments accomplish.

045

Chair Jenson

Defers to Mr. McCarthy of Legislative Counsel.

050

Brendan McCarthy

Legislative Counsel. Offers a description of the -4 amendments to HB 3220.

055

Rep. Tomei

Clarifies the location of the changes.

065

McCarthy

Acknowledges, continues with the description of the -4 amendments.

070

Rep. Tomei

Further clarifies the intent of the -4 amendments.

075

McCarthy

Further explains the proposed -4 amendments.

085

Rep. Kruse

Expresses concern for how the scope of the bill and how the attempts to limit the bill to the Deschutes River Basin might be interpreted in rule.

095

Chair Jenson

Clarifies that the limitation is in statute.

100

Rep. Kruse

Points out that rule does not always follow statutory intent.

105

Chair Jenson

Recognizes Rep. Kruse’s concern, but clarifies the intent of the measure.

125

Rep. Kruse

MOTION:  Moves to ADOPT HB 3220-4 amendments dated 04/24/03.

 

 

VOTE:  7-0

 

Chair Jenson

Hearing no objection, declares the motion CARRIED.

130

Rep. Kruse

MOTION:  Moves HB 3220 to the floor with a DO PASS AS AMENDED recommendation.

135

Rep. Schaufler

Expresses his concerns for the bill, and his intention to vote No on the bill.

145

Rep. Dingfelder

Expresses her intent to vote NO on the bill, and discusses her concerns with the issue.

155

Rep. Tomei

Expresses her intent to vote No on the bill.

175

 

VOTE:  4-3

AYE:               4 - Flores, Kropf, Kruse, Jenson

NAY:               3 - Dingfelder, Schaufler, Tomei

 

Chair Jenson

The motion CARRIES.

CHAIR JENSON will lead discussion on the floor.

180

Chair Jenson

Closes the work session on HB 3220, and reopens the work session on HB 3519.

HB 3519 – WORK SESSION

190

Chair Jenson

Comments on the task force which worked on HB 3519. Recesses the meeting.

RECESS

200

Chair Jenson

Calls the meeting back to order. Indicates the Committee will be discussing the -9 amendments.

210

Nick Coffey

Marion County, Oregon. Explains the efforts of the work group regarding the issue, which cumulated in the -9 amendments to HB 3519.

265

Chair Jenson

Clarifies who was on the work group in question.

270

Coffey

Explains those who worked on the committee.

280

Chair Jenson

Clarifies that Mr. Stewart was involved on the work group.

285

Coffey

Explains that Mr. Stewart was initially involved in the -9 amendments, but withdrew. Continues with testimony in support of the -9 amendments.

300

Rep. Tomei

Asks whether there were any representatives from the environmental community who participated on the task force.

305

Coffey

Explains that there were no participants from the environmental community, and further comments on their lack of participation.

315

Phil Scoles

Portland, Oregon. Points out his experience as a wetland consultant, and discusses the efforts of the work group. Indicates that the concerns being expressed might be resolved on the Senate side.

370

Chair Jenson

Points out that it is not his policy to pass unfinished bills out of the Committee. Welcomes students from Westlund Middle School who entered the room to the Water Committee meeting.

380

Rep. Dingfelder

Indicates her experience in the wetland field. Asks why these changes are being addressed at the statute level and not at the rule level.

TAPE 79, B

005

Scoles

Comments on the reasoning for introducing the proposed changes at the statute level.

025

Coffey

Points out that some of the issues must be dealt with at the statute level.

030

Rep. Dingfelder

Expresses concern for specific wording in bill which would change a commonly accepted definition, “functions and values,” to “functional attribute.”

040

Scoles

Comments on the wording in question, indicating his perception that either term could be used, and that “functional attribute” was used to keep the statute consistent.

055

Rep. Dingfelder

Further questions this wording.

060

Scoles

Reiterates that either term would be sufficient.

065

Rep. Dingfelder

Expresses concern over another wording choice in the bill.

070

Scoles

Comments on the wording in question.

080

Rep. Kruse

Expresses his concerns with mitigation banking, especially on smaller scales.

100

Coffey

Comments on Rep. Kruse’s concern.

110

Rep. Kruse

Further expresses concerns with the bill.

115

Rep. Schaufler

Expresses concerns for folding the issues involved in the -9 amendments into HB 3519, and expresses concerns with the concept of mitigation banking.

125

Jim Myron

Governor’s Office. Indicates his support for continuing the discussion of the -9 amendments, and expresses concern for the lack of participation of the environmental community on the issue.

150

Chair Jenson

Acknowledges the concerns that the issue may be too complicated for the short time frame the Committee is presented with. Expresses concern for the lack of representation of the agricultural community.

180

Myron

Expresses the Governor’s Office’s interest in furthering the discussion on the issue.

200

Karen Tarnow

Department of Environmental Quality. Offers testimony regarding HB 3519.

250

Liz Frenkel

Lane County. Offers testimony regarding HB 3519.

270

Marc Lucca

Rep. Anderson’s Office. Offers testimony in support of HB 3519, but in opposition to inclusion of the -9 amendments.

350

Mel Stewart

Salem, Oregon. Offers written testimony (EXHIBIT F) regarding the -9 amendments to HB 3519.

400

Chair Jenson

Announces his intent to pass HB 3519 out of Committee with the -10 amendments, and to hold off action on the -9 amendments because of the complexity of the issue.

TAPE 80, A

030

Rep. Kruse

MOTION:  Moves HB 3519 to the floor with a DO PASS AS AMENDED recommendation.

035

 

VOTE:  6-0

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

EXCUSED:  1 - Kropf

 

Chair Jenson

The motion CARRIES.

REP. ANDERSON will lead discussion on the floor.

040

Chair Jenson

Further clarifies his intent with the bill, closest he work session on HB 3519 and adjourns the meeting.

 

 

EXHIBIT SUMMARY

 

A – HB 2138, -4 amendments, Staff, 4 pp.

B – HB 2606, -5 amendments, Staff, 3 pp.

C – HB 3519, -9 amendments, Staff, 54 pp.

D – HB 3519, -10 amendments, Staff, 2 pp.

E – HB 3220, -4 amendments, Staff, 1 p.

F – HB 3519, written testimony, Mel Stewart, 3 pp.