SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

February 23, 2005                                                                                                   Hearing Room B

3:00 P.M.                                                                                                                     Tapes  29 - 30

 

MEMBERS PRESENT:         Sen. Charlie Ringo, Chair

Sen. Jason Atkinson, Vice-Chair

Sen. Roger Beyer

Sen. Ginny Burdick

Sen. Frank Shields

 

VISITING MEMBER:                       Rep. Jackie Dingfelder

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 290 – 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 29, A

005

Chair Ringo

Calls meeting to order at 3:04 p.m. and opens public hearing on SB 290.

SB 290 – PUBLIC HEARING

015

Matt Blevins

Legislative Affairs Director, Oregon Environmental Council (OEC). Explains that there is a set of amendments regarding fee. The amendments have been requested, but were not ready for today. Explains amendments.

025

Laura Weiss

Program Director, OEC. Submits informational packet including written testimony, fee chart by state, and an editorial from the Oregonian (EXHIBIT A). Reads written testimony in support of SB 290.

070

Chair Ringo

Asks witness to discuss how the fee is paid.

075

Weiss

Clarifies question.

077

Chair Ringo

Asks who pays the fee.

078

Weiss

Explains.

080

Chair Ringo

Asks if the fee is imposed per product.

081

Weiss

Confirms this.

082

Chair Ringo

Asks if there is someone who is going to testify about the specific human health impacts of pesticides.

083

Weiss

Believes that there will be someone to testify on that topic.

085

Chair Ringo

Gives example of human health impacts of pesticides and asks if that kind of testimony will be heard today.

088

Weiss

Discusses studies that link exposure to pesticides to a range of health effects.

100

Dr. Andrew Harris

Physician, Salem. Submits and reads written testimony in support of SB 290 (EXHIBIT B).

135

Dr. Joan Rothlein

Research Scientists, Center for Research on Occupational and Environmental Toxicology (CROET), Oregon Health and Sciences University. Submits and reads written testimony in support of SB 290 (EXHIBIT C).

170

Dr. William Lambert

Research Scientist, CROET. Explains that his remarks are included with Dr. Rothlein’s testimony (EXHIBIT C).

180

Mark Yeager

Principal Utilities Engineer, City of Albany. Submits and reads written testimony in support of SB 290 (EXHIBIT D).

216

 Sen. Atkinson

Asks if witnesses are opposed to reporting by zip code rather than how it is currently written.

220

Rothlein

Clarifies that Sen. Atkinson is asking about urban areas.

225

Sen. Atkinson

Discusses different proposals of methods for reporting. Asks if witnesses have a preference.

226

Rothlein

States preferences.

228

Sen. Atkinson

Asks if both urban and rural should be treated the same.

229

Rothlein

Explains.

230

Chair Ringo

Wonders if it could be reported both by zip code and by Section/Township/Range.

231

Rothlein

Confirms this.

234

Yeager

Discusses method of reporting.  Urges committee to require reporting by a land based system such as Section/Township/Range.

255

Chair Ringo

Asks for definitions of Section/Township/Range.

260

Sen. Beyer

Gives explanations of a township, a section and a range.

265

Chair Ringo

Clarifies that township and range are the same thing.

268

Sen. Beyer

Confirms this. Gives details using an example.

275

Chair Ringo

Confirms that witness wants a measuring system that doesn’t move around.

276

Yeager

Confirms this.

280

Chair Ringo

States that opponents are concerned that it is too small geographically. States that there should be some way to reconcile these concerns.

284

Yeager

Explains that it depends on how specific the information is.  Gives illustration regarding a canal. Discusses scale necessary.

300

Chair Ringo

Asks what scale is needed.

301

Yeager

Explains.

305

Sen. Shields

Discusses the Willamette stone where every measurement in the state is based. Discusses CROET. Asks if calculations have been done on what the lack of information is costing the state.

340

Rothlein

Discusses competing for federal dollars and research designs.

360

Sen. Shields

States that he has sat on the CROET board for a long time. States that CROET is good at competing for grant monies. Asks if they can bring information on how much grant money has been lost due to the lack of information.

380

Rothlein

Offers to work on numbers and return information to the committee.

385

Chair Ringo

Asks about connection of research to human health impacts.

395

Rothlein

Discusses a study CROET is currently working on which correlates a toxic substance and a health effect.

410

Katy Coba

Director, Oregon Department of Agriculture (ODA). Submits and reads written testimony on SB 290 (EXHIBIT E).

TAPE 30, A

025

Chair Ringo

Asks what the impact would be if the proposed amendments discussed earlier were adopted.

030

Coba

Explains.

040

Chair Ringo

Asks about fees and distribution of products.

045

Lisa Hanson

Assistant Director, ODA. Believes that the fee was intended to be an equal fee to all pesticide products registered in Oregon.

049

Chair Ringo

Asks if there was consideration to change that.

050

Hanson

Explains that she was not working with the program when the initial legislation was implemented.

051

Coba

Continues reading testimony (EXHIBIT E).

070

Sen. Atkinson

Asks witness to comment on the repeal of the sunset. Asks if that is good public policy.

072

Coba

Supports HB 2152 which extends the sunset seven years. Explains.

083

Sen. Beyer

Asks if there is a fiscal impact statement issued for SB 290.

084

Matt Shields

Committee Administrator. States that a fiscal impact statement has not been issued yet but that it is being worked on.

085

Chair Ringo

States that SB 290 has a subsequent referral to the Ways and Means Committee.

086

Shields

Confirms this.

090

Louis Pitt, Jr.

Director of Government Affairs and Planning, Confederated Tribes of Warm Springs Reservation of Oregon. Submits and reads written testimony in support of SB 290 (EXHIBIT F).

125

Pitt

Discusses visual aid. Concludes reading written testimony (EXHIBIT F).

180

Terry Witt

Executive Director, Oregonians for Food and Shelter (OFS). Submits and reads written testimony in opposition to SB 290 (EXHIBIT G).

235

Chair Ringo

Asks if witness supports general funding for pesticide use reporting.

236

Witt

Replies yes.

237

Chair Ringo

Asks at what level.

238

Witt

Explains that OFS supports it at the level of matching dollars. Discusses funding. Discusses definition of pesticide user in statute and talks about new language of ‘any person’ in SB 290.

272

Chair Ringo

Verifies that witness would like this language clarified if SB 290 is passed out of committee.

274

Witt

Confirms that the language needs to be clarified or taken out of SB 290.

275

Witt

Discusses conflict of reporting location.

300

Chair Ringo

Asks if witness has a suggestion for the reporting location.

301

Witt

Gives suggestion for urban areas.

305

Chair Ringo

Asks about rural areas.

308

Witt

Discusses reporting in rural areas. Discusses concerns of confidentiality.

340

Witt

Disagrees with comments made earlier that use information data will give information about exposure to humans. States that use does not equal exposure.

355

Chair Ringo

States that, even though the information is not definitive, it is useful in the investigation.

360

Witt

Remarks that it may be useful information , but one has to weigh the cost of that useful information.

362

Chair Ringo

Asks if witness accepts that there is a link between pesticides and cancer.

365

Witt

Replies that laboratory data have shown that there can be links between laboratory animals and high exposures to pesticides.

366

Chair Ringo

Asks if OFS is connected to the pesticide industry.

368

Witt

 Explains. Reports that the majority of OFS members are pesticide users rather than suppliers.

370

Chair Ringo

Asks if witness accepts that pesticides will run off into the public waterways.

371

Witt

Agrees that pesticides can run off. Discusses run off.

372

Chair Ringo

Asks if witness accepts that the public has a right to clean waterways.

373

Witt

Replies yes.

374

Chair Ringo

Asks if witness is willing to help committee achieve that goal.

375

Witt

Discusses use of pesticides. States that OFS does not defend people who use pesticides irresponsibly.

395

Rep. Dingfelder

Refers to level of reporting at the watershed scale. Asks if there was an agreement as to the size of the watershed.

405

Witt

Replies no and explains.

410

Sen. Shields

Asks for clarification of what group the witness was a part of.

TAPE 29, B

007

Witt

Explains details of stakeholders group. Explains outcomes of meetings.

020

Sen. Shields

Asks if some of the details were voted on by members of mentioned group.

021

Witt

Explains.

035

Chair Ringo

States that the question is what should be done in 2005.

036

Chair Ringo

Asks witness if he wants to report by zip code or watershed in the rural areas.

037

Witt

Believes that reporting should be done by watershed in the rural areas.

040

Chair Ringo

Asks if resistance to reporting by a smaller scale is related to eco-terrorism.

042

Witt

Explains.

045

Chair Ringo

Asks if there has ever been any eco-terrorist act related to pesticide use.

048

Witt

Believes that no other state has a reporting program like the proposed program.

050

Barry Bushue

Farmer, Gresham and President, Oregon Farm Bureau Federation. States that he was a member of the pesticide use reporting group appointed by Governor Kitzhaber.  Submits and reads written testimony in opposition to SB 290 (EXHIBIT H).

063

Chair Ringo

Believes Governor Kitzhaber was interested in the public interest.

065

Bushue

Continues reading testimony (EXHIBIT H).

085

Bushue

Discusses public interest in quality of water and watersheds.

095

Bushue

Continues reading testimony (EXHIBIT H).

115

Chair Ringo

Believes everyone needs to do their fair share for clean water. Believes there is a broad concern of public interest in improving water quality.

125

Witt

Addresses earlier question regarding registration fee. Discusses pesticides registered in the state. Talks about increasing the registration fee and amount of registrations in the state.

146

Chair Ringo

Refers to question earlier regarding registration fee based on amount of use.

150

Witt

Remarks that he is not sure how one would obtain this information and wonders about the cost of generating an uneven registration process.

155

Chair Ringo

Comments on the uneven registration process.

158

Witt

Submits another way to look at it.

170

Diane Drum

Oregon Nurses’ Association, Member of Health Policy Cabinet; Public Health Nurse, with specialty in Maternal-Child Health; Mother of 3 Children. Submits and reads written testimony in support of SB 290 (EXHIBIT I).

303

Chair Ringo

Thanks Diane Drum for her compelling testimony.

305

Michael Heumann

Environmental, Occupational and Epidemiology Program Manager; Health Services, Office of Disease Prevention and Epidemiology; Oregon Department of Human Services. Submits and reads written testimony is support of SB 290 (EXHIBIT J).

385

Chair Ringo

Asks if witness is an epidemiologist.

386

Heumann

Replies yes.

387

Chair Ringo

Asks what that means.

388

Heumann

Explains.

395

Chair Ringo

Refers to previous testimony about cancers. Asks if there is a proven link between the application of pesticides and cancers.

400

Heumann

Discusses research done in other states.

412

Chair Ringo

Observes that if it has been proven in Minnesota, then it can be assumed that the same is true in Oregon even if the study wasn’t done here.

413

Heumann

Points out that it cannot be assumed that the same pesticides used in Minnesota are used in Oregon. Talks about crops and notes that many pesticides are specific to certain crops, insect pests, plant pests or some other disease.

420

Chair Ringo

Verifies that in the last 30 years the incidence of cancer in society has risen dramatically.

421

Heumann

Confirms this.

422

Chair Ringo

Asserts that this is not only due to pesticides but also a variety of toxics that find ways into our bodies.

435

Heumann

Discusses potential causes.

TAPE 30, B

008

Chair Ringo

Asks if the link between pesticides and cancers applies only to farm workers and families who live on the farms or also apply to the people who consume those products.

010

Heumann

Discusses effect of exposure and the impact to different groups of people. Gives illustration.

020

Sen. Atkinson

Believes that Americans eat poorly. Discusses examples. Asks if there is a connection between fluoride and cancer.

035

Heumann

Explains that fluoride is a naturally occurring element as opposed to a manufactured chemical. Discusses levels. Mentions animal toxicity.

045

Sen. Beyer

States that he is curious to know how one agency can come in to support SB 290 and another one comes in with concerns and potential opposition to SB 290.

052

Heumann

States that that is a good question. Discusses HB 2152. Mentions that he did not discuss the costs at all in his testimony because they are not part of the Governor’s budget.

060

Drum

Makes further comments about pesticides.

080

Tulsi Wallace

Eugene Water and Electric Board (EWEB). Submits informational packet including written testimony, and charts from a report by United States Geological Survey titled “Distribution of Dissolved Pesticides and Other Water Quality Constituents in Small Streams, and their Relative Land Use, in the Willamette River Basin.” Reads written testimony in support of SB 290 (EXHIBIT K).

136

Wallace

Discusses the idea of reporting by Section/Township/Range versus reporting by watershed.

150

Camille Hukari

Orchardist, Hood River. Submits and reads written testimony in opposition to SB 290 (EXHIBIT L). Discusses registration fee. Believes the public should be paying for the program if it benefits the general public. Mentions HB 2152 and states that SB 290 is more acceptable.

200

Chair Ringo

Believes that concerns raised can be addressed.

206

Hukari

Stresses that confidentiality is very important.

207

Chair Ringo

Addresses issue of confidentiality versus the need for specificity.

215

Sen. Beyer

Refers to charts in (EXHIBIT K). Asks Ms. Wallace a clarifying question.

228

Tulsi

Provides clarification.

245

Bob Dettwyler

Grass seed farmer, Silverton. Testifies in opposition to SB 290.

262

Chair Ringo

Asks if witness is opposed to SB 290 because he doesn’t want to be paying for the program. Asks if witness wants the program paid for by the general fund.

265

Dettwyler

States that this is one of the reasons he opposes SB 290.

266

Chair Ringo

Asks if there are any other reasons.

267

Dettwyler

Discusses points of opposition.

288

Chair Ringo

Discusses funding for program.

296

Dettwyler

Talks about reporting requirement. Wants to see it as a watershed and explains why.

318

Chair Ringo

Asks about identification of fields.

320

Dettwyler

Explains. Believes that the sunset clause should not be eliminated.

325

Robert Reynolds

President, Molalla River Improvement District. Testifies in support of SB 290. Submits written testimony in support of SB 290 (EXHIBIT M).

370

Rhett Lawrence

Oregon State Public Interest Research Group. Testifies in support of SB 290. Submits written testimony (EXHIBIT N).

395

Randy Tucker

Legislative Affairs Manager, Metro. Submits and highlights written testimony in support of SB 290 (EXHIBIT O).

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

 

Kelly Brooks

Legislative Analyst, City of Eugene. Submits written testimony in support of SB 290 (EXHIBIT P).

 

Michael Grimm

Chair, Regional Water Providers Consortium Board. Submits written testimony in support of SB 290 (EXHIBIT Q).

 

Gina Valeri

Director of Legislative Affairs and General Counsel, American Pet Products Manufacturers Association, Inc. Submits written testimony on SB 290 (EXHIBIT R).

 

John Ledger

Vice President of External Affairs, Association of Oregon Industries. Submits written testimony in opposition to SB 290 (EXHIBIT S).

 

Jenny Holmes

Environmental Ministries Director, Ecumenical Ministries of Oregon. Submits written testimony in support of SB 290 (EXHIBIT T).

450

Chair Ringo

Closes public hearing on SB 290 and adjourns meeting at 4:59 p.m.

 

 

EXHIBIT SUMMARY

 

A.     SB 290, informational packet, Laura Weiss, 5 pp

B.     SB 290, written testimony, Andrew Harris, 1 p

C.     SB 290, written testimony, Joan Rothlein, 1 p

D.    SB 290, written testimony, Mark Yeager, 2 pp

E.     SB 290, written testimony, Katy Coba, 1 p

F.      SB 290, written testimony, Louis Pitt, Jr., 2 pp

G.    SB 290, written testimony, Terry Witt, 4 pp

H.    SB 290, written testimony, Barry Bushue, 2 pp

I.       SB 290, written testimony, Diane Drum, 3 pp

J.      SB 290, written testimony, Michael Heumann, 2 pp

K.    SB 290, informational packet, Tulsi Wallace, 8 pp

L.     SB 290, written testimony, Camille Hukari, 1 p

M.  SB 290, written testimony, Robert Reynolds, 3 pp

N.    SB 290, written testimony, Rhett Lawrence, 2 pp

O.    SB 290, written testimony, Randy Tucker, 2 pp

P.      SB 290, written testimony, Kelly Brooks, 1 p

Q.    SB 290, written testimony, Michael Grimm, 2 pp

R.    SB 290, written testimony, Gina Valeri, 2 pp

S.      SB 290, written testimony, John Ledger, 1 p

T.     SB 290, written testimony, Jenny Holmes, 1 p