SENATE COMMITTEE ON WATER AND LAND USE

 

March 03, 2003                                                                                                       Hearing Room D

3:00 p.m.                                                                                                                       Tapes 20 - 22

 

MEMBERS PRESENT:         Sen. Ted Ferrioli, Chair

Sen. Charlie Ringo, Vice-Chair

Sen. Jason Atkinson

Sen. Rick Metsger

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

Megan Jensen, Committee Assistant

 

MEASURE/ISSUES HEARD:           SB 398 Public Hearing

                                                SB 399 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 20, A

005

Chair Ferrioli

Calls meeting to order at 3:06 p.m. and opens public hearings on SB 398 and SB 399.

SB 398 and SB 399 – PUBLIC HEARING

010

Sen. Ken Messerle

Senate District 5. Gives testimony in support of SB 398 and SB 399.

068

Sen. Ringo

Inquires who purchases farmland for wetlands preservation.

075

Messerle

Replies that private nonprofit organizations and state and federal government agencies purchase farmland for wetlands preservation.

080

Sen. Ringo

Asks if that land is taken out of the tax base.

087

Messerle

Replies that the biggest concern is that the land is removed from the farming economy.

089

Chair Ferrioli

Asks about the repealed sections of the bill.

091

Messerle

Defers to Coos County Commissioner.

099

Chair Ferrioli

Closes public hearing on SB 399.

SB 398 – PUBLIC HEARING

110

John Griffith

Coos County Commissioner. Gives testimony in support of SB 398 (EXHIBIT A). Provides an overview of SB 398 and explains that Coos County is losing agricultural areas to federal acquisitions.

205

Chair Ferrioli

Asks about the revenue loss to Coos County.

210

Griffith

Replies that the revenue loss is minimal and elaborates.

218

Chair Ferrioli

Inquires if agricultural land prices are being inflated by the federal purchases prices.

220

Griffith

Affirms.

247

Don Schellenberg

Oregon Farm Bureau. Provides testimony in support of SB 398 (EXHIBIT B). Believes that local governments should participate in the planning process of its land.

269

Sen. Ringo

Asks about a possible amendment to SB 398 to allow the county to approve land use purchases notwithstanding a state decision.

279

Schellenberg

Agrees an amendment might be necessary.

 

Glen Stonebrink

Oregon Cattlemen Association. Provides testimony in support of SB 398 (EXHIBIT C). Recommends amendments to the bill.

387

Chair Ferrioli

Asks if the committee should consider adding the repealed clauses back to the bill.

389

Stonebrink

Affirms.

393

Chair Ferrioli

Requests information on repealed sections in SB 398.

TAPE 21, A

002

Griffith

Clarifies.

018

Tom Bowerman

Lane County. Provides testimony against SB 398.

048

Brendan McCarthy

Legislative Counsel. Explains constitutional issues regarding SB 398 (EXHIBIT D).

091

Chair Ferrioli

Requests clarification of the requirement that the federal government acquire a state’s consent to purchase lands for environmental purposes.

095

McCarthy

Explains.

104

Chair Ferrioli

Inquires if the state would have to approve any county land acquisitions under SB 398.

125

McCarthy

Advises that the Legislature’s consent would only be necessary if the state deemed it desirable to give the federal government exclusive jurisdiction on lands that it had acquired.

138

Chair Ferrioli

Repeats that if the state is willing to concede exclusive jurisdiction to the federal government on lands it acquired, the state would go through a process of approval to release its jurisdiction.

154

McCarthy

Responds and clarifies.

176

Chair Ferrioli

Summarizes the bill and suggests an amendment is in order. Closes public hearing on SB 398 and opens public hearing on SB 399.

The following prepared testimony is submitted for the record without public testimony for SB 398:

 

Robin Hartmann

Submits written testimony (EXHIBIT K).

SB 399 – PUBLIC HEARING

219

Judith Callens

Committee Administrator. Gives overview of SB 399.

275

Teresa Miller

Nature Conservancy. Gives testimony in opposition to SB 399 (EXHIBIT E).

287

Chair Ferrioli

Asks about the Nature Conservancy’s view on the protection of farm zones for wetland use.

290

Miller

Offers to present that information at a later date.

316

Sen. Atkinson

Inquires if the Defenders of Wildlife organization owns land.

318

Miller

Responds that the Defenders of Wildlife most likely does own land and offers to research the subject.

320

Sen. Atkinson

Asks how SB 399 would derail progress in wetlands preservation.

330

Miller

Offers to research that information.

360

Chair Ferrioli

Inquires how much land the Nature Conservancy owns in Oregon.

370

Miller

Offers to research that information.

383

Mark Knaupp

Polk County. Provides testimony against SB 399 (EXHIBIT F). Believes that restrictions on wetlands restoration could have negative implications on farm operations.

467

Sen. Atkinson

Inquires if he owns farmland zoned for exclusive farm use.

TAPE 20, B

003

Knaupp

Affirms.

018

Sen. Metsger

Asks for clarification on how conservation compensation programs work.

024

Knaupp

Explains the compensation program.

039

Chair Ferrioli

States that a farmer could use money received from wetlands preservation to purchase more land for agricultural use.

042

Knaupp

Affirms.

048

Chair Ferrioli

Asks about taxes on the wetlands.

050

Knaupp

Replies that property taxes remain the same.

052

Chair Ferrioli

Asks if his conversion to wetlands is irrevocable.

053

Knaupp

Affirms.

056

Sen. Metsger

Asks about permanent and temporary conversion programs.

058

Knaupp

Responds that there are both permanent and temporary program and elaborates.

067

Sen. Atkinson

Suggests that SB 399 might be too broad. Asks if the Oregon Plan has been as successful as the Conservation Reserve Program.

097

Chair Ferrioli

Asks when wetlands restoration projects began on his land.

100

Knaupp

Replies that the initial project began in 1996.

102

Chair Ferrioli

Inquires if the wetlands mitigation bank was a result of the current farm bill.

104

Knaupp

Clarifies the wetlands mitigation process.

112

Chair Ferrioli

Inquires if the program is funded by the state of Oregon.

113

Knaupp

Replies that the mitigation banks are funded by farmers.

118

Chair Ferrioli

Asks how mitigation credits are sold.

120

Knaupp

Explains the process.

128

Chair Ferrioli

Asks who is in charge of mitigation banks.

130

Knaupp

Replies that the Division of State Lands is responsible.

132

Chair Ferrioli

Talks about conversion of private lands to public property.

150

Knaupp

Discusses the conversion of his farmland to public wetlands.

194

David Buchanan

Benton County. Provides testimony against SB 399 (EXHIBIT G).

259

Chair Ferrioli

Asks if his tax base changed after converting farmland to wetlands.

260

Buchanan

Responds that the tax rate has risen slightly.

274

Tom Jones

Ducks Unlimited. Provides testimony against SB 399 (EXHIBIT H). Believes that without an active program of wetland restoration, waterfowl hunting would decrease.

331

Sen. Atkinson

Asks for his organization’s position on SB 398.

336

Jones

Responds that SB 399 is more significant to Ducks Unlimited.

346

Chair Ferrioli

Asks why Ducks Unlimited might have difficulties working with county jurisdictions.

351

Jones

Responds that it would deter farmers’ willingness to proceed with conversion projects.

362

Chair Ferrioli

Suggests that Ducks Unlimited has been very successful.

380

Jones

Talks about the Ducks Unlimited program.

TAPE 21, B

002

Sen. Atkinson

Comments that the number of waterfowl has decreased in southern Oregon.

011

Sen. Metsger

Comments on the growing numbers of non-migratory Canadian geese.

030

Glen Stonebrink

Oregon Cattlemen Association. Gives testimony in support of SB 399.

065

Don Schellenberg

Oregon Farm Bureau. Provides testimony in support of SB 399 (EXHIBIT I). Believes that exclusive farm use zones should remain farmland. Discusses the permit process for non-farm use of farm zone land.

093

Chair Ferrioli

Asks if there is a public process regarding the issue of the permit.

095

Schellenberg

Describes the public hearing process and discusses amendments options for SB 399.

154

Richard Angstrom

Oregon Concrete and Aggregate Producers. Gives testimony in support of SB 399 and suggests an amendment to the bill.

195

Tom Bowerman

Lane County. Provides testimony against SB 399.

228

John Griffith

Coos County Commissioners. Provides testimony in support of SB 399. Suggests amendments to the bill.

303

Sen. Atkinson

Asks how much Coos County land is being turned into public land.

305

Griffith

Replies that 5000 acres are public lands.

321

Sen. Atkinson

Inquires how much land is included in South Slough.

323

Griffith

Responds that the South Slough is 4000 acres.

327

Sen. Metsger

Asks if SB 398 could be limited to specific areas of the state.

340

Griffith

Responds that it could be an option.

350

Chair Ferrioli

Discusses issues surrounding SB 399.

TAPE 22, A

010

Karlene McCabe

Greenbelt Land Trust. Gives testimony against SB 399 (EXHIBIT J). Discusses work done by the Greenbelt Land Trust and expresses the concern that it puts another hurdle in the process of land conservation projects.

050

Chair Ferrioli

Confirms that the Greenbelt Land Trust would not like the bill to pass.

052

McCabe

Affirms.

063

Sen. Atkinson

Asks for clarification about the Greenbelt Land Trust.

064

McCabe

Explains.

069

Sen. Atkinson

Asks what easement the Greenbelt Land Trust works for.

070

McCabe

Replies that it is an easement to protect wetlands along both sides of Muddy Creek.

072

Chair Ferrioli

Inquires if the project is funded by the Oregon Watershed Enhancement Board.

074

McCabe

Responds that the project is funded by the North American Wetland Conservation Act.

The following prepared testimony is submitted for the record without public testimony for SB 399:

 

Robin Hartmann

Submits written testimony (EXHIBIT L).

077

Chair Ferrioli

Closes public hearing on SB 399 and adjourns the meeting at 5:00 p.m.

 

EXHIBIT SUMMARY

 

A – SB 398, written testimony by John Shank, J. Griffith, 12 pp.

B – SB 398, written testimony, Don Schellenberg, 1 p.

C – SB 398, written testimony, Glen Stonebrink, 1 p.

D – SB 398, written testimony, staff, 1 p.

E – SB 399, written testimony, Teresa Miller, 2 pp.

F – SB 399, written testimony, Mark Knaupp, 1 p.

G – SB 399, written testimony, David Buchanan, 1 p.

H – SB 399, written testimony, Tom Jones, 2 pp.

I – SB 399, written testimony, Don Schellenberg, 3 pp.

J – SB 399, written testimony, Karlene McCabe, 2 pp.

L – SB 399, written testimony, Robin Hartman, 3 pp.

 

The following exhibit is listed out of order in the body of the tape log:

K – SB 398, written testimony, Robin Hartmann, 3 pp.