SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

February 02, 2005                                                                                                   Hearing Room B

3:00 P.M.                                                                                                                     Tapes  13 - 14

 

MEMBERS PRESENT:         Sen. Charlie Ringo, Chair

Sen.  Jason Atkinson, Vice-Chair

Sen. Roger Beyer

Sen. Ginny Burdick

Sen. Frank Shields

 

VISITING MEMBERS:         Rep. Jackie Dingfelder

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 125 – Public Hearing

SB 42 – Public Hearing and Work Session

SB 45 – Public Hearing

SB 44 – Public Hearing and Work Session

SB 43 – Public Hearing and 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 13, A

005

Chair Ringo

Calls meeting to order at 3:06 p.m. Opens public hearing on SB 125.

SB 125 – PUBLIC HEARING

007

Roy Elicker

Oregon Department of Fish and Wildlife (ODFW). Gives background information on legislation regarding piranhas and discusses effects of SB 125.

055

Chair Ringo

Asks how often calls are received regarding difference between species.

057

Rhine Messmer

ODFW. Submits written testimony (EXHIBIT A) in support of SB 125. Responds generally once a summer.

065

Chair Ringo

Asks why legislature allowed either species to be legal.

068

Elicker

Explains.

072

Chair Ringo

Asks if the distinction between species was intentional at that time.

073

Elicker

Confirms this.

075

Chair Ringo

Asks about -1 amendment.

076

Elicker

Explains amendment.

083

Chair Ringo

Asks how long piranhas will survive if let loose in Oregon waters.

085

Messmer

Discusses survival.

095

Chair Ringo

Asks why piranhas are illegal.

096

Elicker

Gives explanation of why piranhas are illegal.

107

Kevin Cutter

Aquarium Store owner, Marion County. States opposition to SB 125 and gives reasons for opposition.

110

Chair Ringo

Asks what piranhas are fed.

111

Cutter

Discusses what piranhas eat. Addresses concern of catching a piranha in Oregon.

125

Arnold Que Rido

Piranha owner, Washington County. Informs that he is dedicated to educating the public on piranha keeping.

130

Jeff Concannon

Hobbyist, Multnomah County. Submits article entitled “Cold Tolerance and Potential Overwintering of the Red-Bellied Piranha Pygocentrus mattereri  in the United States” (EXHIBIT B). Discusses reason for opposition to SB 125. Highlights article.

160

Sen. Atkinson

Asks how many piranhas there are in Oregon.

165

Cutter

States that he has sold 1,000 in the last year.

166

Sen. Atkinson

Asks witness if there has ever been a known problem.

167

Cutter

Responds no.

168

Sen. Atkinson

Asks what water temperature piranhas live in.

169

Cutter

Responds 74-78 degrees.

170

Concannon

States that he keeps his aquarium at 80 degrees.

171

Sen. Atkinson

Asks if that is freshwater.

172

Concannon

Confirms that this is freshwater and that the temperature that is advised to keep aquarium at is 78-82 degrees.

175

Sen. Atkinson

Asks committee staff if Oregonians can have other pets such as tigers or lions.

176

Matt Shields

Committee Administrator. Believes that there are permitting requirements.

180

Concannon

Comments regarding the ownership of dogs.

185

Sen. Atkinson

Asks Elicker if people need a permit to own a tiger.

187

Elicker

Confirms that permits are required and states conditions when a permit would be necessary.

190

Sen. Atkinson

Asks how piranhas are brought into the country.

195

Concannon

Explains process.

200

Sen. Atkinson

Asks about federal standard.

201

Cutter

Explains process.

203

Sen. Atkinson

Asks if it is legal to sell piranhas in Oregon because of legislation passed in 1995.

204

Cutter

Confirms that it is legal because of legislation passed in 1995.

205

Sen. Shields

Asks how many states there are where the sale of piranhas is legal.

208

Concannon

Refers to article (EXHIBIT B) and gives examples of states where it is illegal.

212

Sen. Shields

Asks if someone could get a bite from an established population or if the fish would live only as scavengers.

225

Que Rido

Explains that the most danger comes from stepping on them or touching them.

228

Concannon

Explains where the danger comes from.

235

Sen. Atkinson

Asks how many bodies of water in Oregon would be at 80 degrees. Gives illustration.

250

Concannon

Explains that piranhas could not survive winters in Oregon.

255

Que Rido

Explains that the initial release produces a shock that kills them.

260

Sen. Beyer

Asks question regarding article (Exhibit B).

265

Concannon

Believes map was done before the law was changed in Oregon. Refers to (EXHIBIT B, Page 6) which shows where the fish could survive in the winter.

275

Chair Ringo

Asks to move on to other bills.

280

Shields

Submits written testimony on behalf of Frank Magallenes in opposition to SB 125 (EXHIBIT C).

287

Chair Ringo

Closes public hearing on SB 125 opens public hearing on SB 42.

SB 42 – PUBLIC HEARING

295

Holly Schroeder

Administrator, Water Quality Division, Department of Environmental Quality (DEQ). Submits and reads written testimony (EXHIBIT D) in support of SB 42.

365

Chair Ringo

Asks question about length of projects.

370

Schroeder

Describes process.

375

Sen. Beyer

Confirms that this process is what DEQ is currently doing and then found out it wasn’t correct.

378

Schroeder

Confirms and explains how inconsistency was found.

390

Sen. Beyer

Asks how long DEQ has been inconsistent with the law.

392

Schroeder

Explains that DEQ discovered the discrepancy during the past biennium and has been inconsistent with the law for about a decade.

395

Sen. Beyer

Addresses Chair Ringo. Describes inconsistency with state agencies.

420

Chair Ringo

Asks when DEQ learned that the process wasn’t consistent with the law.

422

Schroeder

Informs that DEQ learned this during the past biennium. Addresses Sen. Beyer’s concern. Explains that DEQ conformed to the law after learning of the discrepancy and is asking for a change to the current law in order to give more favorable loan terms to communities.

430

Sen. Shields

Verifies that DEQ assumed it was consistent with the law up until this past biennium.

435

Schroeder

Confirms this. Explains that DEQ doesn’t think there was an intentional difference between Oregon and federal law.

448

Rep. Dingfelder

Asks question regarding revolving loan fund.

TAPE 14, A

025

Schroeder

Clarifies how the revolving loan fund works and explains that there was a reduction in received funding.

040

Rep. Dingfelder

Asks if less grants will be awarded because of reduction or if it can be made up in interest.

045

Schroeder

Confirms that there will be fewer funds available for loan disbursement.

050

Rep. Dingfelder

Explains that it is important because there is a large cumulative effect.

055

Schroeder

Remarks that it is a national problem.

065

Chair Ringo

Closes public hearing on SB 42 and opens work session on SB 42.

SB 42 – WORK SESSION

066

Sen. Atkinson

MOTION:  Moves SB 42 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

070

Chair Ringo

Closes work session on SB 42 and opens public hearing on SB 45.

SB 45 – PUBLIC HEARING

075

Holly Schroeder

Administrator, Water Quality Division, Department of Environmental Quality (DEQ). Submits and reads written testimony (Exhibit E) in support of SB 45.

140

Chair Ringo

Mentions article in Oregonian dated 01/14/2005 titled “EPA Chides Oregon’s Handling of Polluters.” Asks for more specificity in how far SB 45 will go in fixing the problems noted by the Environmental Protection Agency (EPA).

155

Schroeder

Discusses Blue Ribbon Committee.

185

Chair Ringo

Questions if a lack of manpower caused the backlog.

190

Schroeder

Describes various reasons for backlog.

200

Chair Ringo

Asks if the 3 percent increase will be enough money for DEQ to make sure that people in Oregon have clean water.

205

Schroeder

Discusses fees, increases and budget requests.

215

Chair Ringo

Asks question regarding Ways and Means Committee.

216

Schroeder

Confirms that it has been included in the Governor’s budget.

225

Chris Bayham

Environmental coordinator, Association of Oregon Counties. Expresses support for SB 45 as long as fee increases are reasonable. Gives example of unreasonable fee increases relating to indirect costs.

250

Chuck Craig

Deputy Director, Oregon Department of Agriculture (ODA). Explains that initially ODA had some concerns with SB 45, but says the -1 amendment will alleviate those concerns.

265

Kathryn VanNatta

Northwest Pulp and Paper Association. Submits and reads written testimony (Exhibit F) in support of SB 45. Explains relationship to Blue Ribbon Committee.

325

Chair Ringo

Asks what a member pays for a typical fee.

330

VanNatta

Explains fee. Offers to return information to the committee.

340

Chair Ringo

Asks if the fees generated by this proposal will be enough.

350

VanNatta

Explains process of deciding increase in fees.

385

John Ledger

Associated Oregon Industries. Explains that he represents the largest group affected. Echoes previous testimony and makes additional points.

  • This is part of an ongoing improvement happening in DEQ.
  • Has worked closely with environmental community and has a good working relationship with DEQ. Urges committee to pass SB 45 with amendments.

450

Sen. Beyer

Wants a definition for a “watershed based approach.” Explains that some assurance is needed that this will be broken into sub-basins and not just a single watershed.

TAPE 13, B

035

Ledger

Believes that DEQ does break it into manageable sizes.

045

Sen. Beyer

Stresses that it is necessary to know how and where this will be defined. States that the wording in SB 45 will need to be clear.

060

Schroeder

Believes there is not a statutory definition of language. Explains intent of SB 45.

095

Chair Ringo

Explains that the example doesn’t address Sen. Beyer’s concern.

100

Sen. Beyer

Discusses what happens when the words get challenged in court.

115

Schroeder

Explains that DEQ will be operating at a sub-basin level. Describes five year permit cycle.

150

Chair Ringo

Remarks that Sen. Beyer has raised an interesting point, and states that SB 45 will not be moved out of committee today.

152

Sen. Beyer

Discusses legislative intent.

160

Chair Ringo

Asks if witness will work with Sen. Beyer.

161

Schroeder

Responds yes.

165

Matt Blevins

Legislative Affairs Director, Oregon Environmental Council. Submits written testimony (EXHIBIT G) in support for SB 45.

180

Chair Ringo

Asks if this is enough money.

183

Blevins

States that there are still many problems around the state and that this is a small but significant part of the attempt. Explains that this is not the only thing that needs to be addressed.

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

 

Jason Heuser

City of Eugene. Submits written testimony in support of SB 45.

195

Chair Ringo

Closes public hearing on SB 45 and opens public hearing on SB 44.

SB 44 – PUBLIC HEARING

200

Matt Shields

Committee Administrator. Explains SB 44.

205

Alan Kiphut

Submits and reads written testimony (exhibit I) in support of SB 44.

270

Paul Romain

Oregon Petroleum Association (OPA). Expresses support for SB 44. States that this is a cooperative effort with the Department of Environmental Quality.

290

Chair Ringo

Closes public hearing on SB 44 and opens work session on SB 44.

SB 44 – WORK SESSION

291

Chair Ringo

MOTION:  Moves SB 44 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

295

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

300

Chair Ringo

Closes work session on SB 44 and opens public hearing on SB 43.

SB 43 – PUBLIC HEARING

305

Alan Kiphut

Land Quality Division Administrator, Department of Environmental Quality (DEQ). Submits written testimony (EXHIBIT J) and fact sheets (EXHIBIT K) in support of SB 43.

365

Bob Danko

DEQ. Addresses amendments. Explains that DEQ did not request the -2 amendments, but is okay with them.

390

Chair Ringo

Asks what the difference is between the state and federal toxic substances lists.

395

Danko

Explains the difference.

410

Chair Ringo

Asks if Oregon will lose something by aligning with the federal list.

415

Danko

Believes there would be a gain.

TAPE 14, B

015

Jim Craven

American Electronics Association. Gives background information on current law and explains SB 43.

050

Kathryn VanNatta

Northwest Pulp and Paper Association. Submits written testimony (Exhibit L) in support of SB 43. Explains why SB 43 is beneficial.

065

John Ledger

Associated Oregon Industries. Expresses support for SB 43 and explains reasons for support.

080

Matt Blevins

Oregon Environmental Council. Asks committee to adopt -2 amendments and explains why.

090

Chair Ringo

Closes public hearing on SB 43 and opens work session on SB 43.

SB 43 – WORK SESSION

091

Chair Ringo

MOTION:  Moves to ADOPT SB 43-1 amendments dated 02/01/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

093

Chair Ringo

MOTION:  Moves to ADOPT SB 43-2 amendments dated 02/02/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

095

Chair Ringo

MOTION:  Moves SB 43 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

097

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

100

Chair Ringo

Closes work session on SB 43 and adjourns meeting at 4:38 p.m.

 

 

EXHIBIT SUMMARY

 

A.     SB 125, written testimony, Rhine Messmer, 11 pp

B.     SB 125, article, Jeff Concannon, 10 pp

C.     SB 125, written testimony, Frank Magallenes, 2 pp

D.    SB 42, written testimony, Holly Schroeder, 4 pp

E.     SB 45, written testimony, Holly Schroeder, 6 pp

F.      SB 45, written testimony, Kathryn VanNatta, 1 p

G.    SB 54, written testimony, Matt Blevins, 2 pp

H.    SB 45, written testimony, Jason Heuser, 1 p

I.       SB 44, written testimony, Alan Kiphut, 4 pp

J.      SB 43, written testimony, Alan Kiphut, 4 pp

K.    SB 43, fact sheets, Alan Kiphut, 10 pp

L.     SB 43, written testimony, Kathryn VanNatta, 1 p