SENATE COMMITTEE ON WATER AND LAND USE

January 29, 2003 Hearing Room D

3:00 p.m. Tapes 6 - 7

MEMBERS PRESENT: Sen. Ted Ferrioli, Chair

Sen. Charlie Ringo, Vice-Chair

Sen. Jason Atkinson

MEMBER EXCUSED: Sen. Rick Metsger

STAFF PRESENT: Judith Callens, Committee Administrator

Megan Jensen, Committee Assistant

MEASURE/ISSUES HEARD: Informational Meeting

Department of Environmental Quality overview

Community Solutions Team update

SB 251 - Public Hearing

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 6, A
005	Chair Ferrioli	Calls meeting to order at 3:10 pm. Opens informational meeting.
INFORMATIONAL MEETING
010	Mike Llewelyn	Department of Environmental Quality (DEQ) Water Quality Division Administrator. Discusses DEQ water clean-up plans and the Total Maximum Daily Load (TMDL) program. Submits written testimony (EXHIBITS A, B, C, D, E). Discusses the legal and technical implications of the Hawes decision, a legal case involving the State of Oregon’s authority to determine TMDLs on water bodies that are impacted by only nonpoint source pollution.
075	Chair Ferrioli	Comments on the confusion of the Hawes case.
090	Llewelyn	Responds.
109	Chair Ferrioli	Asks what should be considered point and nonpoint source pollution.
113	Llewelyn	Indicates that the federal law defines point and nonpoint source pollution and refers to Section 402 of the Clean Water Act.
116	Chair Ferrioli	Questions whether the definition is clear.
118	Llewelyn	Comments on the gray area existing between the definitions of point and nonpoint sources.
136	Chair Ferrioli	Inquires if the gray area exists for streams listed for temperature.
138	Llewelyn	Clarifies the definitions of point source and nonpoint source.
141	Chair Ferrioli	Suggests further discussions about the Hawes case.
150	Llewelyn	Refers to Department of Justice Assistant Attorney General Richard Whitman.
155	Sen. Ringo	Requests a copy of the legal decision.
160	Chair Ferrioli	Asks that a copy be given to the Committee Administrator.
163	Llewelyn	Discusses DEQ process improvement initiatives: Advisory committee for onsite sewage disposal program issues Blue ribbon committee for waste water program for municipal and industrial permits State revolving-loan program administration
240	Llewelyn	Advocates opening the state revolving-loan program to both point and nonpoint sources.
270	Chair Ferrioli	Refers to the Leaking Underground Storage Tank (LUST) program and comments that there is a history of potential problems involving revolving loan funds.
300	Llewelyn	Indicates that DEQ will be looking at those issues.
307	Chair Ferrioli	Comments on helping small communities obtain permits and asks about DEQ’s policy on permit access for waste water programs.
330	Llewelyn	Points out that there is a backlog in the permit waiting list and that DEQ would like to improve the response time.
356	Chair Ferrioli	Comments that DEQ has appropriations and policy issues and suggests DEQ bring the committee its policy recommendations.
397	Sen. Atkinson	Asks for policy recommendations to speed cleanup of old gas stations in small rural communities. Inquires about the status of the DEQ Deputy Director.
423	Llewelyn	Confirms that Paul Slymon is Deputy Director of DEQ.
430	Sen. Atkinson	Comments that policy recommendations will be very helpful in clarifying issues.
TAPE 7, A
030	Chris Warner	Community Solutions Team Director. Gives overview of Community Solutions Team. Discusses Governor’s request for Community Solutions Team to provide an assessment and help rural Oregon access agencies.
073	Sen. Ringo	Inquires about the location of Community Solutions Team office and if its focus is on rural areas and not the Willamette Valley.
078	Warner	Responds.
083	Sen. Atkinson	Refers to the Council of Governments (COG) plan from the 1970s and asks about the difference between Community Solutions Team and COG.
097	Warner	Offers to research and report back to the committee.
100	Sen. Atkinson	Requests clarification about the goals of Community Solutions Team.
110	Warner	Explains that the goal is to bring government entities together to streamline processes in a community-based way.
136	Sen. Atkinson	Suggests that it should be the job of legislators.
142	Chair Ferrioli	Comments that it can be difficult to get the right information between agencies and that the Community Solutions Team can bring government agencies together to facilitate the process. Suggests that the community solutions model is a good model for government.
220	Sen. Ringo	Comments that Community Solutions Team has been successful in the past but may be losing some effectiveness.
237	Chair Ferrioli	Responds.
250	Sen. Atkinson	Continues discussion of COG system in southern Oregon.
270	Chair Ferrioli	Comments that the community-based solutions idea is good for government. Closes informational meeting and opens public hearing SB 251.
SB 251 - PUBLIC HEARING
296	Judith Callens	Committee Administrator. Gives overview of SB 251 and -1 amendments (EXHIBIT F).
333	Chair Ferrioli	Asks why the amendments are necessary.
336	Bob Rindy	Department of Land Conservation and Development (DLCD). Responds.
395	Chair Ferrioli	Suggests that the drafting error was obviously inadvertent and should be fixed.
TAPE 6, B
015	Rindy	Responds that DLCD thought it was correct but then learned of the error, which the amendment will fix.
030	Chair Ferrioli	Points out that some witnesses were not available to testify, so he will hold the bill for more witness testimony.
040	Sen. Atkinson	Suggests that some housing policies are not flexible for smaller towns such as Jacksonville.
070	Chair Ferrioli	Comments that without access to affordable housing in those small communities, the communities will be places for only rich people.
075	Rindy	Responds that the statute provides for flexibility in affordable housing issues in any town.
082	Chair Ferrioli	Closes public hearing on SB 251. Adjourns meeting at 4:20 p.m.

EXHIBIT SUMMARY

A – DEQ, Strategic Directions brochure, M. Llewelyn, 12pp

B – DEQ, Cleaning Up the Willamette Fact Sheet, M Llewelyn, 1 p

C – DEQ, SB 196: Hazardous Waste Work and Fee Modifications Fact Sheet,

M. Llewelyn, 1 p

D – DEQ, Fee Ratifications SB 197, M. Llewelyn, 1 p

E – DEQ, written testimony, M. Llewelyn, 16 pp

F – SB 251, 251-1 amendments dated 1/29/03, staff, 1 p