SENATE COMMITTEE ON WATER AND LAND USE

 

 

March 26, 2003                                                                                                       Hearing Room D

3:00 PM                                                                                                                          Tapes 35-36

 

MEMBERS PRESENT:         Sen. Ted Ferrioli, Chair

Sen. Jason Atkinson

Sen. Rick Metsger

 

MEMBER EXCUSED:          Sen. Charlie Ringo, Vice-Chair

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

Megan Jensen, Committee Assistant

 

MEASURE/ISSUES HEARD:           SB 219 Public Hearing

                                                SB 364 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 35, A

005

Chair Ferrioli

Calls meeting to order as a subcommittee at 3:00 p.m. and opens public hearings on SB 219 and SB 364.

SB 336 – PUBLIC HEARING

SB 219 – PUBLIC HEARING

016

Ann Hanus

Department of State Lands (DSL). Provides testimony in support of SB 219 and SB 394 (EXHIBIT A):

  • DSL permit streamlining goals and efforts
  • Wetland and waterway permitting policies
  • Removal-fill permit process
  • 404 assumption

233

Chair Ferrioli

Inquires what in the state assumption of the 404 permitting process would preclude federal court decisions from affecting Oregon.

239

Hanus

Responds that with 404 assumption, the state would be linked to the Environmental Protection Agency (EPA) and not the Army Corps of Engineers (Corps).

243

Eric Metz

Explains that EPA would periodically review the program and that the program would be more flexible than the Corps.

252

Chair Ferrioli

Talks about the clarification of federal authority.

267

Metz

Clarifies the assumption process.

275

Chair Ferrioli

Comments on DEQ assumption of the Clean Water Act.

292

Hanus

Responds that with assumption, EPA will still retain the right to recapture the program.

297

Metz

Comments on the EPA review process.

304

Chair Ferrioli

Provides an example of federal and state interaction with DEQ and Clean Water Act issues.

315

Hanus

Reaffirms that EPA has the ability to recapture the program.

320

Chair Ferrioli

Expresses concern that there is not absolute certainty in state assumption of the program.

325

Hanus

Concludes testimony in support of SB 219 and SB 394.

355

Sen. Atkinson

Asks about timely assumption of the program.

360

Hanus

Talks about timeliness and consistency of the permit process.

365

Chair Ferrioli

Requests DSL remain to answer further questions.

370

Sen. Atkinson

Inquires how long DSL takes to make permit decisions.

375

Hanus

Explains that the average completion period is 20 to 25 days.

382

John Lily

DSL. Replies that DSL meets the 90 day requirement.

400

Chair Ferrioli

Clarifies that 219 and 364 are identical except for the emergency clause in 219.

TAPE 36, A

007

Jack Chapin

Marion County. Provides testimony against SB 219 and SB 364. Expresses concerns regarding the removal-fill permit process as it relates to his farm operation. Requests ORS 215.203 incorporated into SB 219 and SB 364.

103

Chair Ferrioli

Asks for other recommendations.

114

Chapin

Remarks on accepted farming practices and states his belief that farmers should not have to work under the threat of fines.

152

Chair Ferrioli

Talks about how authority is wielded by state and federal agencies.

178

Chris Bayham

Association of Oregon Counties, Oregon Association of County Engineers and Surveyors. Provides testimony in support of SB 219 and SB 364.

191

Sen. Atkinson

Asks for more information about the group he represents.

194

Bayham

Offers to provide that information.

197

Sen. Atkinson

Mentions doubt that some of the members support SB 219.

205

Chair Ferrioli

Inquires about his direct experience interfacing with the Corps regarding permitting issues.

210

Bayham

Responds that he has not worked with the Corps.

213

Chair Ferrioli

Comments that the committee will ask for testimony from those who have direct experience working with federal and state agencies.

225

Tim Acker

Applied Technology Wetlands and Forestry Consultants. Provides testimony against SB 364 (EXHIBIT B). Expresses concern over DSL’s assumption of the Corps’ section 404 program and believes it will not lead to regulatory streamlining based on the standards of timeliness, predictability and consistency.

385

Mel Stewart

Marion County. Provides testimony against SB 219. Discusses DSL compliance with state statutes.

TAPE 35, B

002

Stewart

Continues testimony against SB 219.

040

Chair Ferrioli

Asks for specific statutes.

043

Stewart

Offers to provide that information.

046

Jean Wilkinson

Oregon Farm Bureau. Provides testimony against SB 219 and SB 364.

099

Glen Stonebrink

Oregon Cattlemen Association, Oregon Hay and Forage Association. Provides testimony against SB 219 and SB 364 (EXHIBIT C). Believes SB 219 and SB 364 are unworkable and too regulatory.

142

Lynn Beaton

Oregon Economic and Community Development Department. Provides testimony in support of SB 219. Believes interactions with DSL are more trouble-free than interactions with the Corps.

211

Chair Ferrioli

Talks about issues of perception.

220

Patrick Allen

Office of Regulatory Streamlining. Gives overview of the Office of Regulatory Streamlining and provides information on SB 219.

238

Chair Ferrioli

Inquires about the executive order establishing the Office of Regulatory Streamlining.

240

Allen

States that Executive Order 03-01 established the agency. Discusses functions of the Office of Regulatory Streamlining.

266

Chair Ferrioli

Asks for assistance reconciling the discrepancies of experiences with DSL and the Corps.

279

Allen

Agrees.

293

Kristina McNitt

Provides testimony against SB 219 and SB 364 (EXHIBIT D). Expresses concerns and believes more time is required to fully understand the issues.

355

Chair Ferrioli

Asks about safe harbor sections regarding certainty by agreement with the landowner and the sections regarding compulsory habitat conservation requirements.

359

McNitt

Affirms and elaborates. Continues testimony against SB 219 and SB 364.

408

Chair Ferrioli

Asks DSL to consider concerns expressed in the testimony and summarizes SB 219 and SB 364.

TAPE 36, B

030

Sen. Atkinson

Discusses issues surrounding SB 219 and SB 364 and recommends more work on the bills.

045

Hanus

Agrees that more work should take place. Offers to respond to the concerns raised.

053

Chair Ferrioli

Closes public hearings on SB 219 and SB 364.

The following prepared testimony is submitted for the record without public testimony for SB 219 and SB 364:

 

Robert Kerivan

Submits written testimony (EXHIBIT E).

 

Bill Moshofsky

Submits written testimony (EXHIBIT F).

 

Linda Stelting

Submits written testimony (EXHIBIT G).

 

Keith Nelsen

Submits written testimony (EXHIBIT H).

 

C. H. Vanderlinden

Submits written testimony (EXHIBIT I).

The following prepared testimony is submitted for the record without public testimony for SB 219:

 

William Wise

Submits written testimony (EXHIBIT J).

055

Chair Ferrioli

Adjourns meeting at 4:40 p.m.

 

EXHIBIT SUMMARY

 

A – SB 219 and SB 364, written testimony, Ann Hanus, 11 pp.

B – SB 219 and SB 364, written testimony, Tim Acker, 7 pp.

C – SB 219 and SB 364, written testimony, Glen Stonebrink, 1 p.

D – SB 219 and SB 364, written testimony, Kristina McNitt, 2 pp.

E – SB 219 and SB 364, written testimony, Robert Kerivan, 1 p.

F – SB 219 and SB 364, written testimony, Bill Moshofsky, 3 pp.

G – SB 219 and SB 364, written testimony, Linda Stelting, 1 p.

H– SB 219 and SB 364, written testimony, Keith Nelsen, 1 p.

I – SB 219 and SB 364, written testimony, C. H. Vanderlinden, 1 p.

J – SB 219, written testimony, William Wise, 1 p.