SENATE COMMITTEE ON RULES

 

 

August 26, 2003                                                                                               Hearing Room HR B

8:30 A.M.                                                                                                                           Tape  134

 

MEMBERS PRESENT:         Sen. Kate Brown, Co-chair, Presiding

Sen. Roger Beyer, Co-chair 

Sen. Jason Atkinson, Vice-chair

Sen. Ginny Burdick, Vice-chair

Sen. Tony Corcoran

Sen. Bill Fisher

 

STAFF PRESENT:                 Jim Stembridge, Committee Administrator

Patricia Nielsen, Committee Assistant

 

MEASURE/ISSUES HEARD:           HB 2899C – 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 134, A

005

Co-chair Brown

Calls the meeting to order at 8:33 a.m.  Opens work session on
HB 2899C.

2899C – WORK SESSION

010

Judith Callens

Committee Administrator.  Presents overview of HB 2899C, which establishes fee on dredge vessels to recover costs of reviewing spill response plans and for conducting inspections, training and other activities related to spill prevention.  Discusses -C17 amendments dated 8-25-03 (EXHIBIT A).

025

Sen. Beyer

MOTION:  Moves to ADOPT HB 2899C-17 amendments dated 8/25/03.

030

Co-chair Brown

Asks for approval from interested parties present.

035

Liz Frenkel

League of Women Voters.  Asks to testify regarding an additional proposed amendment.

 

 

VOTE:  6-0

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

045

Jon Christenson

Sen. Margaret Carter staff member.  Expresses concern and proposes additional amendments (EXHIBIT B).  Discusses background of mitigation banking concept.  Raises concern that the bank instrument can include one or more watersheds, but the original concept was to keep the resource within one region or watershed.

065

Co-chair Brown

Asks about drafting by Legislative Counsel.

070

Christenson

Predicts the draft will be ready 11:30 a.m. today.

075

Co-chair Brown

Asks if all parties agree to the proposed amendments.

077

Phil Scoles

Terra Science, Inc.; wetland consultant. Agrees.

079

Frenkel

Agrees.

080

Ross Day

Oregonians in Action.  Asks for time to review the amendments, but probably cannot support.

087

Christenson

Expresses concern over wide geographical spread between locations.

090

Sen. Burdick

Asks about inclusion of two or three watersheds.

092

Christenson

Responds the language allows ten or fifteen watersheds.

094

Sen. Burdick

Asks whether limitation to two watersheds is too restrictive.

095

Christenson

Suggests not, because watersheds are large.

100

Co-chair Brown

Expresses concern that parties are not in agreement.

102

Sen. Burdick

Recaps concern over opening the process to the whole state.

110

Christenson

Agrees and requests resource be addressed within the region or watershed.

120

John Lilly

Assistant Director, Division of State Lands (DSL).  Explains the issue is that unique wetlands can be widespread, and the measure provides for replacement within a larger area:

·       Wording allows bank to have larger service area

·       Contract between the banker, the Army Corps of Engineers and the DSL for the mitigation, which defines wetland functions to be replaced

135

Co-chair Brown

Asks how the proposed amendments change the structure.

137

Lilly

Responds the purpose during drafting was to leave flexibility for a wider geographical area.  Suggests the proposed amendments are well-meaning and might work but would restrict.  Explains there are seven banks currently in state and some in progress.  Predicts there will be only a few more.

150

Sen. Beyer

Asks about control over banks.

155

Lilly

Explains the bank is a three-way partnership between the private banker, the state, and the Army Corps of Engineers; with the legislature establishing the statutory structure for the banks. 

160

Sen. Beyer

Clarifies DSL approves the wetland transfers within the banks.

162

Lilly

Confirms.

165

Sen. Beyer

MOTION:  Moves HB 2899C to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  6-0

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. DUKES will lead discussion on the floor.

168

Brendan McCarthy

Legislative Counsel.  Advises there is a new amendment to resolve a conflict.

170

Co-chair Brown

Recesses the committee at 8:47 a.m.

**************************

RECESS         **************************

171

Co-chair Brown

Reconvenes the committee at 8:48 a.m.

175

Sen. Burdick

MOTION:  Moves to RECONSIDER the vote by which the committee MOVED HB 2899C to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0

EXCUSED:  1 – Atkinson

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

180

Jim Stembridge

Committee Administrator.  Explains the -C18 amendments dated
8-26-03 (EXHIBIT C) resolve a conflict, and that the -C18 includes the -C17 amendments.

185

McCarthy

Confirms the -C18 amendments include the -C17 amendments with no other changes except amendments to resolve conflicts.

190

Sen. Burdick

MOTION:  Moves to RECONSIDER the vote by which the committee adopted HB 2899C-17 amendments dated 8/25/03.

 

 

VOTE:  5-0

EXCUSED:  1 – Atkinson

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

195

McCarthy

Reiterates the -C18 amendments include the -C17 amendments with no other changes except amendments to resolve conflicts.  Discusses conflicts.

205

Sen. Burdick

MOTION:  Moves to ADOPT HB 2899C-18 amendments dated 8/26/03.

 

 

VOTE:  6-0

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

215

Sen. Burdick

MOTION:  Moves HB 2899C to the floor with a DO PASS AS AMENDED recommendation.

240

Day

Returns to testify in support of HB 2899C as amended, with or without Sen. Carter’s proposed amendments.

 

 

VOTE:  6-0

 

Co-chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. DUKES will lead discussion on the floor.

245

Co-chair Brown

Closes work session on HB 2899C.  Adjourns the committee at 8:52 a.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2899, -C17 amendments (8-25-03), staff, 30 pp

B – HB 2899C, proposed amendments, Jon Christenson, 1 p

C – HB 2899, -C18 amendments (8-26-03), staff, 40 pp