SENATE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

 

 

May 21, 2003                                                                                                   Hearing Room HR B

8:00 A.M.                                                                                                                    Tapes  73 - 74

 

MEMBERS PRESENT:         Sen. Frank Shields, Chair

Sen. Roger Beyer, Vice-Chair

Sen. Tony Corcoran

Sen. Bill Fisher

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

Patricia Nielsen, Committee Assistant

 

MEASURE/ISSUES HEARD:           SB 385 – Work Session

SB 597 – Work Session

HB 2138A – Public Hearing and Work Session

HB 2606A – Public Hearing and Work Session

HB 2521A – Public Hearing and Work Session

HB 2915 – Public Hearing and Work Session

HB 3175A – Public Hearing and Work Session

HB 2945A – Public Hearing and Work Session

HB 2887A – Public Hearing and Work Session

HB 2344A – Public Hearing and Work Session

HB 3152A – Public Hearing and Work Session

HB 3376A – Public Hearing and 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 73, A

005

Chair Shields

Calls the meeting to order at 8:22 a.m.  Opens work session on SB 385.

SB 385 – WORK SESSION

010

Judith Callens

Committee Administrator.  Presents overview of SB 385, which provides that prosecution for crime that constitutes ecosabotage may be commenced at any time after commission of offense.  Presents -3 amendments dated 5-12-03 (EXHIBIT A). 

055

Sen. Ted Ferrioli

District 30.  Testifies in support of SB 385 and -3 amendments.  Reviews need for protection of research facilities and habitat restoration projects.  Discusses increased statute of limitations.

070

Sen. Corcoran

Comments the district attorneys endorse the bill.

075

Chair Shields

Comments on discussions with field personnel about need for protection.

080

Sen. Beyer

MOTION:  Moves to ADOPT SB 385-3 amendments dated 05/12/03.

 

 

VOTE:  4-0

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

085

Sen. Beyer

MOTION:  Moves SB 385 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0

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

 

Chair Shields

The motion CARRIES.

SEN. FERRIOLI will lead discussion on the floor.

095

Chair Shields

Closes work session on SB 385.  Opens work session on SB 597.

SB 597 – WORK SESSION

100

Judith Callens

Committee Administrator.  Presents overview of SB 597, which requires person to hold shellfish license to take shellfish.  Discusses -1 amendments dated 4-14-03 (EXHIBIT B) and -2 amendments dated
4-30-03 (EXHIBIT C).

140

Sen. Corcoran

MOTION:  Moves to ADOPT SB 597-1 amendments dated 4/14/03.

 

 

VOTE:  4-0

 

Chair Shields

Hearing no objection, declares the motion CARRIED.

145

Sen. Corcoran

MOTION:  Moves SB 597 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Ways and Means by prior reference.

 

 

VOTE:  4-0

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

 

Chair Shields

The motion CARRIES.

170

Chair Shields

Closes work session on SB 597.  Opens public hearing on HB 2138A and HB 2606A.

HB 2138A and HB 2606A – PUBLIC HEARING

175

Judith Callens

Committee Administrator.  Presents overview of HB 2138A, which defines terms for purposes of Oregon Plan.  Presents overview of HB 2606A, which defines terms for purposes of salmon and trout enhancement program (STEP).

195

Rep. Bob Jenson

District 58.  Testifies in support of HB 2138A and HB 2606A.  Discusses activities of Salmon Recovery Task Force. 

320

Les Helgeson

Native Fish Society.  Testifies in support of HB 2138A and HB 2606A.

345

Ed Bowles

Fish Division Administrator,  Oregon Department of Fish and Wildlife (ODFW).  Testifies in support of HB 2138A and HB 2606A.  Explains interaction with Native Fish Conservation Policy.

370

Chair Shields

Asks about membership of task force.

375

Bowles

Discusses expertise of agency members and interested stakeholders.

405

Chair Shields

Comments the broad-based work group had a chance to discuss the issue fully.

410

Chair Shields

Closes public hearing on HB 2138A and HB 2606A.  Opens work session on HB 2138A.

HB 2138A – WORK SESSION

415

Sen. Beyer

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

 

 

VOTE:  3-0

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

EXCUSED:  1 - Corcoran

 

Chair Shields

The motion CARRIES.

SEN. BEYER will lead discussion on the floor.

420

Chair Shields

Closes work session on HB 2138A.  Opens work session on HB 2606A.

HB 2606A – WORK SESSION

425

Sen. Beyer

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

 

 

VOTE:  3-0

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

EXCUSED:  1 - Corcoran

 

Chair Shields

The motion CARRIES.

SEN. BEYER will lead discussion on the floor.

TAPE 74, A

015

Chair Shields

Closes work session on HB 2606A.  Opens public hearing on HB 2521A.

HB 2521A – PUBLIC HEARING

020

Judith Callens

Committee Administrator.  Presents overview of HB 2521A, which establishes Southwest Oregon Landowner Preference Pilot Program to provide landowner preference tags for taking elk on certain land, effective July 1, 2004, to June 30, 2008.

040

Ron Anglin

ODFW.  Testifies in support of HB 2521A.  Submits written testimony (EXHIBIT D).

050

Greg Addington

Oregon Farm Bureau.  Testifies in support of HB 2521A.  Submits written testimony (EXHIBIT E).

085

Chair Shields

Asks about process of tracking tags.

090

Addington

Discusses different possible problems still to be addressed.

095

Anglin

Comments the key is flexibility in working with landowners for issuing tags and adjusting seasons.

100

Sen. Beyer

Clarifies there are four changes:

·         Land owned, leased or rented

·         No limit on number of tags

·         No minimum acreage

·         Allow landowners to register any time

125

Chair Shields

Closes public hearing on HB 2521A.  Opens work session on HB 2521A.


 

HB 2521A – WORK SESSION

130

Sen. Beyer

MOTION:  Moves HB 2521A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0

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

 

Chair Shields

The motion CARRIES.

SEN. CORCORAN will lead discussion on the floor.

135

Chair Shields

Closes work session on HB 2521A.  Opens public hearing on HB 2915.

HB 2915 – PUBLIC HEARING

140

Judith Callens

Committee Administrator.  Presents overview of HB 2915, which modifies membership and method of appointment of Oregon Forest Resources Institute (OFRI) board of directors.

145

Ray Wilkeson

Oregon Forest Industries Council (OFIC).  Testifies in support of HB 2915.  Discusses constitutional issues facing the OFRI.

175

Barte Starker

OFRI Board.  Testifies in support of HB 2915.  Submits written testimony and brochure (EXHIBITS F, G).  Discusses need to align board structure with updated requirements stemming from federal court decisions.  Explains OFRI needs to be less vulnerable to legal challenges.

The following prepared testimony is submitted  for the record without public testimony for HB 2915:

 

Ted Lorenson

Department of Forestry.  Submits written testimony (EXHIBIT H).

265

Chair Shields

Closes public hearing on HB 2915.  Opens work session on HB 2915.

HB 2915 – WORK SESSION

270

Sen. Beyer

MOTION:  Moves HB 2915 to the floor with a DO PASS recommendation.

275

Sen. Beyer

Declares a conflict due to participation in OFRI program.

 

 

VOTE:  3-0

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

EXCUSED:  1 – Corcoran

 

Chair Shields

The motion CARRIES.

SEN. SHIELDS will lead discussion on the floor.

280

Chair Shields

Closes work session on HB 2915.  Opens public hearing on HB 3175A.

HB 3175A – PUBLIC HEARING

320

Judith Callens

Committee Administrator.  Presents overview of 3175A, which modifies the Green Permit program.

340

John Ledger

Associated Oregon Industries (AOI).  Testifies in support of HB 3175A.  Discusses Green Permits program, voluntary agreements between the Department of Environmental Quality (DEQ) and a company.  Explains the measure postpones the sunset on the existing program until the end of 2008.

380

Lauri Aunan

DEQ.  Testifies in support of HB 3175A. 

400

Chair Shields

Asks how consensus was reached.

405

Ledger

Discusses how adversarial issue was overcome by including all interested parties who thoroughly discusses the issues and gained trust.

410

Aunan

Explains further efforts to include all interested participants.

TAPE 73, B

010

Chair Shields

Asks whether the program can expand.

015

Ledger

Explains the experimental development of the program has taken time.  Discusses streamlining of program since inception.

020

Aunan

Responds Oregon has been a model for a national program.  Explains that with new budget the agency lost green permits program coordinator so extending sunset gives the program a chance to remain in place until resources are developed

030

Chair Shields

Closes public hearing on HB 3175A.  Opens work session on HB 3175A.

HB 3175A – WORK SESSION

040

Sen. Beyer

MOTION:  Moves HB 3175A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0

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

 

Chair Shields

The motion CARRIES.

SEN. SHIELDS will lead discussion on the floor.

045

Chair Shields

Closes work session on HB 3175A.  Opens public hearing on HB 2945A.

HB 2945A – PUBLIC HEARING

050

Judith Callens

Committee Administrator.  Presents overview of HB 2945A, which allows the State Department of Geology and Mineral Industries (DOGAMI) to impose conditions on new or existing surface mining operating permit necessary to mitigate off-site effects to ground water resources caused by removal of water from surface mine.

055

Gary Lynch

Assistant Director, DOGAMI.  Testifies in support of HB 2945A.  Discusses agency work with industry and the Water Resources Department (WRD) to reach consensus. 

065

Rich Angstrom

Oregon Concrete Aggregate Producers Association (OCAPA).  Testifies in support of HB 2945A.  Submits written testimony (EXHIBIT I).

070

Adam Sussman

WRD.  Discusses overlapping jurisdiction between WRD and DOGAMI.  Explains streamlining in bill.  Describes current uncertainty whether water right permit is required for dewatering a surface mine.  Expresses WRD support.  Submits written testimony (EXHIBIT J).

075

Chair Shields

Closes public hearing on HB 2945A.  Opens work session on HB 2945A.

HB 2945A – WORK SESSION

085

Sen. Beyer

MOTION:  Moves HB 2945A to the floor with a DO PASS recommendation.


 

 

 

VOTE:  3-0

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

EXCUSED:  1 – Corcoran

 

Chair Shields

The motion CARRIES.

SEN. FISHER will lead discussion on the floor.

090

Chair Shields

Closes work session on HB 2945A.  Opens public hearing on HB 2887A.

HB 2887A – PUBLIC HEARING

095

Judith Callens

Presents overview of HB 2887A, which adds the definition of point source and nonpoint source for purposes of water pollution statutes.

105

Katie Fast

Oregon Cattlemen’s Association.  Testifies in support of HB 2887A.  Submits written testimony (EXHIBIT K).

130

Jean Wilkinson

Oregon Farm Bureau Federation.  Testifies in support of HB 2887A.  Discusses water quality regulations as applied to agricultural industry.

145

Karen Tarnow

Water Quality Division, DEQ.  Testifies as neutral on bill.  Concurs with statement that water quality standards will be easier to use.

155

Chair Shields

Asks about change to DEQ workload or policies.

160

Tarnow

Clarifies may make it easier for public to reference the Clean Water Act (CWA) statute.

175

Chair Shields

Closes public hearing on HB 2887A.  Opens work session on HB 2887A.

HB 2887A – WORK SESSION

200

Sen. Beyer

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

 

 

VOTE:  4-0

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

 

Chair Shields

The motion CARRIES.

SEN. CORCORAN will lead discussion on the floor.

210

Chair Shields

Closes work session on HB 2887A.  Opens public hearing on HB 2344A.

HB 2344A – PUBLIC HEARING

215

Rep. Jeff Kropf

District 17.  Testifies in support of HB 2344A, which directs state agencies to adopt and implement policies and management plans to restore and recover forestlands burned by fire.  Submits written testimony (EXHIBIT L).  Discusses need for a policy requiring all state agencies with oversight of state forest lands to have reforestation plan in place.  Explains the bill directs each agency to adopt policies.

265

Sen. Fisher

Asks about location of the burned forest toured by Rep. Kropf.

270

Rep. Kropf

Explains.

285

Bill Kluting

Western Council of Industrial Workers.  Testifies in support of HB 2344A.  Points out forest health is necessary for saving mills and jobs, and saving timber by recovery is a must to maintain economy.  Also expresses support for HB 3152A.

300

Chair Shields

Closes public hearing on HB 2344A.  Opens work session on HB 2344A.

HB 2344A – WORK SESSION

305

Sen. Beyer

MOTION:  Moves HB 2344A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0

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

 

Chair Shields

The motion CARRIES.

SEN. FISHER will lead discussion on the floor.

315

Chair Shields

Closes work session on HB 2344A.  Opens public hearing on HB 3152A.

HB 3152A – PUBLIC HEARING

330

Judith Callens

Committee Administrator.  Presents overview of HB 3152A, which directs certain state agencies to adopt forest management plans that address forest health and forest fuel accumulation.

335

Chair Shields

Acknowledges support previously expressed by Mr. Kluting.

350

Chair Shields

Closes public hearing on HB 3152A.  Opens work session on HB 3152A.

HB 3152A – WORK SESSION

355

Sen. Beyer

MOTION:  Moves HB 3152A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0

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

 

Chair Shields

The motion CARRIES.

SEN. BEYER will lead discussion on the floor.

365

Chair Shields

Closes work session on HB 3152A.  Opens public hearing on HB 3376A.

HB 3376A – PUBLIC HEARING

370

Judith Callens

Committee Administrator.  Presents overview of HB 3376A, which directs Public Utility Commission (PUC) to set date on which electric companies must announce prices that will be charged for electricity in subsequent calendar year.

385

Joe Gilliam

Oregon Grocers Association (OGA).  Testifies in support of HB 3376A.  Discusses need of grocery industry for predicting electricity prices to aid the budget process.  Clarifies this changes “three days” to “three business days.”  Explains buyers would receive estimated rates five days out, which aids retail community making decisions as consumers.

TAPE 74, B

010

Lee Beyer

PUC Commissioner.  Testifies in opposition to HB 3376A.  Explains PUC is trying to make SB 1149 (1999) work to provide direct access for customers.  Discusses Commission efforts to deal with cost transfer charges.  Acknowledges there has been an issue with the time frame.  Discusses study group work with industry on notice.  Describes how posting of estimated rate would not be accurate.

060

Sen. Beyer

Asks about “indicative price.”

065

Gilliam

Explains it is an industry term of art meaning predicted or estimated price.  Explains the three business days is a minimum.

081

Chair Shields

Asks why a utility would post the price on Friday afternoon.

085

L. Beyer

Explains the utility wants the shortest possible open time frame.  Discusses difficulties in making the bill work.  Recommends rule-making authority instead, to allow PUC ability to adjust more easily.

105

Chair Shields

Asks why Commission doesn’t already have the rule in place.

110

L. Beyer

Explains the Commission has been developing rules, keeping in mind the industry request for utilities to enter and leave the open market.  Discusses how the market gyrated up and down dramatically in 2000-2001, and is starting to do so again.

150

Gilliam

Explains some aspects of pricing issues have already been taken out. 

160

Chair Shields

Closes public hearing on HB 3376A.  Opens work session on HB 3376A.

HB 3376A – WORK SESSION

165

Sen. Beyer

MOTION:  Moves HB 3376A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0

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

 

Chair Shields

The motion CARRIES.

SEN. BEYER will lead discussion on the floor.

170

Chair Shields

Closes work session on HB 3376A.  Adjourns the committee at 9:58 a.m.

 

EXHIBIT SUMMARY

 

A – SB 385, -3 amendments (5-12-03), staff, 2 pp

B – SB 597, -1 amendments (4-14-03), staff, 2 pp

C – SB 597, -2 amendments (4-30-03), staff, 2 pp

D – HB 2521A, written testimony, Ron Anglin, 2 pp

E – HB 2521A, written testimony, Greg Addington, 1 p

F – HB 2915, written testimony, Barte Starker, 3 pp

G – HB 2915, brochure “Fire in Oregon’s Forests,” Barte Starker, 20 pp

H – HB 2915, written testimony, Ted Lorenson, 2 pp

I – HB 2945A, written testimony, Rich Angstrom, 2 pp

J – HB 2945A, written testimony, Adam Sussman, 2 pp

K – HB 2887A, written testimony, Katie Fast, 1 p

L – HB 2344, written testimony, Rep. Jeff Kropf, 1 p