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 |
|
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