HOUSE COMMITTEE ON

AGRICULTURE AND NATURAL RESOURCES

 

March 16, 2005   Hearing Room C

9:00 A.M. Tapes  28 - 29

 

MEMBERS PRESENT:            Rep. Patti Smith, Chair

Rep. Brian Boquist, Vice-Chair

Rep. Arnie Roblan, Vice-Chair

Rep. Terry Beyer

Rep. Chuck Burley

Rep. Mark Hass

Rep. Mac Sumner

 

STAFF PRESENT:                  Patrick Brennan, Committee Administrator

Jania Zeeb, Committee Assistant

 

MEASURES/ISSUES HEARD:

                                                HB 2581 – Public Hearing

                                                HB 2594 – 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 28, A

003

Chair Smith

Calls the meeting to order at 9:05 a.m. and opens the public hearing on HB 2581.

HB 2581 – PUBLIC HEARING

010

Patrick Brennan

Summarizes HB 2581 and discusses the Fiscal Impact Statement (EXHIBIT A).

021

Chuck Craig

Deputy Director, Oregon Department of Agriculture (ODA).  Solicits questions from the committee.

030

Chair P. Smith

Asks what the DOA’s position is in regard to HB 2581.

032

Craig

Testifies to a position of neutrality on HB 2581.  Voices support to activities that benefit agricultural practices in Oregon.

042

Chair P. Smith

Inquires about the fiscal impact statement (EXHIBIT A).

044

Craig

Responds that he was not personally contacted prior to the drafting of the fiscal impact statement.  Comments that the Department of Environmental Quality (DEQ) is usually responsible for inspecting compost facilities, which is how vermiculture operations are typically classified.  Remarks that if the DEQ is willing to continue these inspections, ODA would not need to create a staff position to implement HB 2581.

071

Chair P. Smith

Presumes that as long as the DEQ continues to monitor and inspect compost facilities ODA would not need to duplicate that monitoring.

073

Craig

Expands on the areas that the functions of ODA might intersect with DEQ.  Gives examples of how the ODA would be involved in implementation of HB 2581.

109

Rep. Roblan

Inquires if there would be no fiscal impact from HB 2581 if the DEQ continues inspections.

112

Craig

Concurs.

113

Rep. Beyer

Inquires if there is anything in the bill that would make it impossible for DEQ to continue its inspections.

119

Craig

Responds that he does not believe there is. 

141

Rep. Boquist

Inquires if he is willing to talk with the representatives of the vermiculture industry to come up with a more efficient plan to lower the fiscal impact.

147

Craig

Concurs.

149

Rep. Burley

Inquires how widespread the vermiculture industry is in Oregon.

155

Craig

Responds that he does not know.

159

Rep. Boquist

Requests that Mr. Craig talk with representatives from the industry to investigate how widespread vermiculture is in Oregon.  Comments that he is supportive of the concept, but nervous of the fiscal impact. 

168

Craig

Responds that what Rep. Boquist suggests could come out of the discussion with the industry.

171

Rep. Roblan

Asks if the DEQ could also be included in the discussion with the industry.

175

Craig

Concurs and comments that Bob Danko from DEQ has indicated that his department would continue performing the inspections. 

200

Dan Holcombe

President, Oregon Soil Corporation.  States that there are two to three dozen small farms that participate in vermiculutre on a limited basis, but that he is the only one that is involved on a large scale.

209

Chair P. Smith

Inquires if Mr. Holcombe thinks the industry might grow as a result of HB 2581.

210

Holcombe

Expresses hope that the industry would grow.  Discusses the benefits of vermiculture verses compost. 

233

Rep. Roblan

Inquire if he has talked with the small operators about HB 2581 and the effect it may have on them.

237

Holcomb

Comments that he does not think HB 2581 would affect the smaller operations because they are not participating at a level that would require regulation.

245

Rep. Roblan

Asks if the measure would affect people who raise worms in their homes.

247

Holcombe

Answers that it will not.

254

Rep. Roblan

Inquires if the larger scale farms are producing worms for the people who have worms in their home.

258

Holcombe

Responds that he thinks that the smaller producers would generate enough worms to help keep the industry moving. 

 

277

Chair P. Smith

Closes the public hearing on HB 2581 and opens a public hearing on HB 2594.

HB 2594 – PUBLIC HEARING

288

Patrick Brennan

Committee Administrator.  Summarizes HB 2594.

293

Dee Berman

Crook County Clerk.  Submits copies of prepared testimony in support of HB 2594 (EXHIBIT B).  Explains HB 2594 and discusses the problems with the current system that it is designed to prevent.   

330

Chair P. Smith

Inquires if Ms. Berman supports HB 2594.

336

Berman

States that she does support of HB 2594.

339

Jan Coleman

Yamhill County Clerk.  Distributes prepared testimony in support of HB 2594 (EXHIBIT C).  States that county clerks are seeking better legal notice for property that is quarantined. 

374

Chuck Craig

Deputy Director, Department of Agriculture (ODA).  Introduces Dan Hilburn.  Comments that bill addresses a small part of the issue and might not make a difference in the problem.  Comments that there are several types of quarantine notices and not all of them are posted with the county clerk.  Discusses the process by which land is quarantined

TAPE 29, A

022

Craig

Recommends that a work group be started with the county clerks and other industry people to come up with a proposal that would fix the problems.

034

Rep. Burley

States that the county clerks are interested in getting the quarantined properties in the deed once the area has been declared a quarantined area.  Inquires if there is an objection to doing so.

041

Craig

Responds that there is no objection.  Explains the different processes that can be used to declare a property as quarantined.  States that there is inconsistency in how all the quarantines are handled.

075

Craig

Comments that it is rare for a quarantine to still be in effect by the time a property changes hands. 

090

Rep. Roblan

Inquires what needs to happen for the quarantine notice to be sent to the county clerks, and what happens when a quarantine is lifted.

097

Craig

Gives two examples of quarantines that are filed with county clerks. 

104

Rep. Beyer

Inquires how often it happens that a quarantined property is in the process of sale.

112

Dan Hilburn

Plant Division Administrator, ODA.  Gives an example of quarantined properties in the process of sale. 

117

Craig

States that the quarantine Mr. Hilburn used as an example was accomplished by administrative rule. 

125

Rep. Burley

Requests clarification on the use of administrative rule to prevent the spread of a contagion or invasive species.   

132

Craig

Answers that while there may conceptually be a quarantine there may or may not be an actual quarantine in place.  Explains quarantines and the stigma typically attached to the word.

151

Hilburn

Comments on the different options the department has when declaring quarantines.

174

Rep. George Gilman

House District 55.  Comments that a work group is a good idea.  Says there appear to be problems beyond those that HB 2594 addresses. 

192

Chair P. Smith

Inquires if the disclosure laws in the state of Oregon take care of the problem of informing potential buyers of problems with land.

194

Rep. Gilman

Responds that might be the case but that he is uncertain. 

197

Rep. Boquist

Comments on real estate laws.  Expresses his support for a work group.

208

Rep. Gilman

Offers to serve on the work group.

214

Chair P. Smith

Asks Ms. Berman and Ms. Coleman, if they would be willing to participate in a work group.

215

Dee Berman

Responds that she would.

217

Rep. Burley

Inquires if the clerks could comment on the question regarding the disclosure laws. 

219

Berman

Comments on the difference between filing information and recording information. 

249

Rep. Burley

Asks if the clerks would prefer all quarantines filed and recorded with county clerks or if they would prefer the system with the ones that are currently sent to them changed.

257

Berman

Answers that the goal is for the documents that come to them to be recorded. 

268

Coleman

States that the requesters of the bill are primarily concerned with protecting the records in their counties.

275

Rep. Sumner

Comments on the last bullet point in (EXHIBIT B)

296

 

Chair P. Smith

 

Comments that they will put together a work group on the issue.  Closes the public hearing on HB 2594. Discusses the upcoming road meetings with the committee.  Adjourns the meeting at 9:55 a.m.

 

EXHIBIT SUMMARY

 

  1. HB 2581, fiscal impact statement, staff, 1 p
  2. HB 2594, prepared testimony, Dee Berman, 1 p
  3. HB 2594, prepared testimony, Jan Coleman, 4 pp