SENATE COMMITTEE ON ENVIRONMENT & LAND USE
March 15, 2005 Hearing Room B
7:00 A.M. Tapes 43 - 44
MEMBERS PRESENT: Sen. Charlie Ringo, Chair
Sen. Jason Atkinson, Vice-Chair
Sen. Roger Beyer
Sen. Ginny Burdick
Sen. Frank Shields
STAFF PRESENT: Matt Shields, Committee Administrator
Katie Lowry, Committee Assistant
MEASURES/ISSUES HEARD:
SB 410 – Public Hearing and Work Session
SB 529 – Public Hearing
SB 848 – Public Hearing and Work Session
SB 696 – Public Hearing
HB 2083 – Public Hearing and Work Session
SJM 4 – 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.
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TAPE/# |
Speaker |
Comments |
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TAPE 43, A |
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|
005 |
Chair Ringo |
Calls meeting to order at 7:11 a.m. Thanks everyone for coming. Opens public hearing on SB 410. |
|
SB 410 – PUBLIC HEARING |
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|
011 |
Sen. Jason Atkinson |
Represents Senate District 2. Testifies in support of SB 410. Refers to visual aid which is an example of a recycling kiosk. |
|
050 |
Sen. Beyer |
Makes remark about sponsorship of SB 410. |
|
052 |
Sen. Atkinson |
Responds. |
|
055 |
Sen. Beyer |
Refers to statement made by Sen. Atkinson stating that lead and toxins that aren’t used anymore can be recycled. Points out that not everyone is a fly fisherman, and many fishermen do still use lead. |
|
057 |
Sen. Atkinson |
Agrees and explains that all of it will be recycled. |
|
065 |
Sen. Shields |
Makes remark about sponsorship of SB 410. |
|
066 |
Sen. Atkinson |
Explains sponsorship of SB 410. Apologizes to Sen. Beyer. |
|
070 |
Sen. Shields |
Makes comment. |
|
072 |
Sen. Atkinson |
Makes comment. |
|
073 |
Chair Ringo |
Asks who pays for the recycling kiosks. |
|
074 |
Sen. Atkinson |
Gives details. |
|
085 |
Art Israelson |
Association of Northwest Steelheaders. Testifies in support of SB 410. |
|
095 |
Roy Elicker |
Oregon Department of Fish and Wildlife (ODFW). Testifies in support of SB 410. Submits written testimony (EXHIBIT A) and a report titled “Keep Oregon’s Rivers Clean Pilot Program for the Collection, Recycling and Proper Disposal of Fishing Tackle” (EXHIBIT B). |
|
115 |
Chair Ringo |
Asks about fiscal impact of SB 410. |
|
118 |
Elicker |
Explains that the program is mostly volunteer driven. |
|
120 |
Chair Ringo |
Wants to move SB 410 straight to the Senate floor and rescind the referral to Ways and Means. |
|
125 |
Rhine Messmer |
ODFW. Discusses fiscal impact. |
|
140 |
Chair Ringo |
Asks if witness is referring to a written document. Asks if witness has a written fiscal impact. |
|
145 |
Messmer |
Replies yes. |
|
147 |
Chair Ringo |
Asks if the committee can look at the fiscal impact. |
|
148 |
Elicker |
Replies yes. States that the fiscal he is looking at does not show any cost to the ODFW. |
|
150 |
Sen. Shields |
Thinks committee should rescind the referral to the Ways and Means Committee. |
|
155 |
Messmer |
Discusses annual report. |
|
170 |
Chair Ringo |
Closes public hearing and opens work session on SB 410. |
|
SB 410 – WORK SESSION |
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|
171 |
Sen. Atkinson |
MOTION: Moves SB 410 to the floor with a DO PASS recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED. |
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|
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VOTE: 5-0-0 |
|
180 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. SEN. ATKINSON will lead discussion on the floor. |
|
190 |
Chair Ringo |
Closes work session on SB 410 and opens public hearing on SB 529. |
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SB 529 – PUBLIC HEARING |
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|
195 |
Celeste Crimi |
Oregon Spay and Neuter Task Force. Submits fact sheet and graph (EXHIBIT C). Explains SB 529. |
|
210 |
Matt Shields |
Committee Administrator. Gives overview of SB 529. Discusses 529-1 amendments (EXHIBIT D), 529-2 amendments (EXHIBIT E), and 529-3 amendments (EXHIBIT F). |
|
228 |
Crimi |
Explains SB 529. Discusses costs. |
|
235 |
Chair Ringo |
Asks what state witness mentioned. |
|
236 |
Crimi |
Replies New Hampshire. Continues discussing costs. |
|
248 |
Chair Ringo |
Asks how much a dog license is. |
|
250 |
Crimi |
Explains that it varies based on location. |
|
251 |
Chair Ringo |
Asks how much a dog license is where the witness lives. |
|
252 |
Crimi |
Replies $10. |
|
253 |
Chair Ringo |
Verifies that SB 529 would change the cost from $10 to $13. |
|
254 |
Crimi |
Confirms this. Explains that the counties may decide how to accommodate the tax. |
|
255 |
Sen. Shields |
Wonders if Multnomah County has a cat license as well. Wonders if that would be added. |
|
260 |
Crimi |
Discusses cat licenses in Multnomah County. |
|
265 |
Sen. Beyer |
Verifies that witness said it is optional whether the counties add three dollars to the dog license fee or take the three dollars from the existing fee. Points out language in section 2 of the amendments. |
|
276 |
Crimi |
Asks if that is what the amendments say. |
|
277 |
Sen. Beyer |
Replies yes. Remarks that the language doesn’t seem optional. |
|
278 |
Crimi |
Responds that if the amendments say that, then the counties will add the three dollars to the existing fee. |
|
280 |
Chair Ringo |
Explains fee options. States that it doesn’t seem likely that the counties would take the three dollars out of the existing fee. |
|
283 |
Crimi |
Discusses intent of SB 529. |
|
285 |
Sen. Burdick |
Explains fee options. |
|
290 |
Chair Ringo |
States that SB 529 will be held. Closes public hearing on SB 529 and opens public hearing on SB 848. |
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SB 848 – PUBLIC HEARING |
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|
295 |
Gerald Kubiak |
Government Affairs Staff, Washington County and representing Clean Water Services. Submits written testimony (EXHIBIT G) and 848-1 amendments (EXHIBIT H). Testifies in support of SB 848. Mentions that he knows of no opposition to SB 848. Explains 848-1 amendments. Introduces Mark Johnson. |
|
375 |
Chair Ringo |
Notes that SB 848 is clearly focused on Washington County. Asks why SB 848 needs to be drafted to focus on Washington County. Asks why the same issue wouldn’t apply to other areas of the state. |
|
385 |
Kubiak |
Explains. |
|
402 |
Chair Ringo |
Asks witness to repeat phrase. |
|
405 |
Kubiak |
Repeats phrase. Continues explaining reasons for focusing SB 848 on Washington County. |
|
415 |
Sen. Shields |
Gives an illustration of why SB 848 is an efficiency bill. |
|
425 |
Kubiak |
States that is correct. Explains in detail. |
|
TAPE 44, A |
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|
012 |
Mark Johnson |
Water Resources Manager, Clean Water Services. Testifies in support of SB 848. |
|
025 |
Chair Ringo |
Closes public hearing on SB 848 and opens work session on SB 848. |
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SB 848 – WORK SESSION |
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|
027 |
Chair Ringo |
MOTION: Moves to ADOPT SB 848-1 amendments dated 03/14/05. |
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|
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VOTE: 5-0-0 |
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030 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
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031 |
Sen. Atkinson |
MOTION: Moves SB 848 to the floor with a DO PASS AS AMENDED recommendation. |
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|
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VOTE: 5-0-0 |
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034 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor. |
|
035 |
Chair Ringo |
Closes work session on SB 848 and opens public hearing on SB 696. |
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SB 696 – PUBLIC HEARING |
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|
040 |
Kristina McNitt |
Oregon Water Resources Congress. Submits and reads written testimony in support of SB 696 (EXHIBIT I). |
|
070 |
Chair Ringo |
Asks how money would be saved. Wonders if it is because the maps would not have to be redone. |
|
071 |
McNitt |
States that she will use a visual aid at the end of her testimony which will help explain. |
|
075 |
McNitt |
Continues reading testimony (EXHIBIT I). |
|
085 |
Chair Ringo |
Asks if the property owner pays anything if they are brought in through an inclusion process. |
|
086 |
McNitt |
Explains in detail. |
|
090 |
Chair Ringo |
Verifies that witness is talking about a situation where the property owner wants to be brought in. |
|
091 |
McNitt |
Confirms this. |
|
092 |
Chair Ringo |
Mentions statement in testimony that said “such an inclusion can be made without the consent of the property owner.” |
|
093 |
McNitt |
Replies yes. |
|
094 |
Chair Ringo |
Wonders what the cost will be to a property owner who is included without the property owner’s consent. |
|
095 |
McNitt |
Replies zero. |
|
096 |
Chair Ringo |
Verifies that is because they are not using any water. |
|
097 |
McNitt |
Confirms this. |
|
098 |
McNitt |
Explains using a visual aid. |
|
115 |
Sen. Burdick |
Asks about effect on allocation. |
|
120 |
McNitt |
Explains. |
|
135 |
Sen. Burdick |
Wonders what happens to the water right when a user cancels their water but is still in the district. |
|
140 |
McNitt |
States that it would depend on the type of water right. Explains the variety of water rights. |
|
148 |
Sen. Burdick |
Believes SB 696 makes sense from an administrative standpoint, however she wants to make sure that SB 696 does not alter water rights. |
|
155 |
McNitt |
Assures committee that SB 696 does not alter water rights. Offers to provide committee with statutory reference after committee hearing. Explains that SB 696 only deals with the boundaries of the district. |
|
160 |
Chair Ringo |
States that SB 696 appears to give the Board of Directors the authority to deny a petition for exclusion, and right now they do not have that authority. |
|
165 |
McNitt |
Replies yes. |
|
166 |
Chair Ringo |
Makes comments. |
|
170 |
McNitt |
Discusses ORS 545.099. |
|
174 |
Chair Ringo |
States that the Committee Administrator clarified an issue for him. |
|
175 |
Glen Stonebrink |
Oregon Cattlemen Association. Refers to Line 19 of SB 696 and discusses costs. States that he has had some people state uncertainty of SB 696. |
|
205 |
McNitt |
Discusses costs. |
|
217 |
Chair Ringo |
Asks if Sen. Beyer has any input since he sponsored SB 696. |
|
220 |
Sen. Beyer |
States that he does not have any input and that SB 696 was introduced as a courtesy to the irrigation users. |
|
221 |
Chair Ringo |
Asks Sen. Burdick if she has some discomfort with SB 696. |
|
224 |
Sen. Burdick |
Wants to be reassured that SB 696 will not have any impact on allocation. |
|
227 |
Chair Ringo |
Asks if Adam Sussman is prepared to testify. |
|
230 |
Adam Sussman |
Water Resources Department (WRD). Addresses Sen. Burdick’s question. |
|
245 |
Chair Ringo |
Asks if witness has read SB 696 and if the WRD has any problems with it. |
|
246 |
Sussman |
States that he has not read SB 696. |
|
247 |
Chair Ringo |
Wants to hold SB 696. |
|
250 |
Sen. Shields |
States that it seems like a simple mapping bill. States that he doesn’t have a problem with SB 696. |
|
260 |
Chair Ringo |
Explains that it appears that more authority is being given to the Board of Directors in terms of denying requests for exclusion. Points out concerns raised by Mr. Stonebrink. States that he would like to hold SB 696 and hear from the WRD at a later time. |
|
265 |
Sen. Burdick |
Emphasizes that she is in favor of the fundamental purpose of SB 696, but she wants to make sure there are not unintended consequences. |
|
270 |
Chair Ringo |
Closes public hearing on SB 696 and opens public hearing on HB 2083. |
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HB 2083 – PUBLIC HEARING |
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|
275 |
Adam Sussman |
Water Resources Department (WRD). Submits and highlights written testimony in support of HB 2083 (EXHIBIT J). States that there is no known opposition to HB 2083. |
|
330 |
Sen. Burdick |
Discusses process that the WRD went through to delete obsolete provisions. Asks if this was a directive for all state agencies or whether the WRD took this on. |
|
335 |
Sussman |
Responds. |
|
345 |
Chair Ringo |
Closes public hearing and opens work session on HB 2083. |
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HB 2083 – WORK SESSION |
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|
346 |
Sen. Atkinson |
MOTION: Moves HB 2083 to the floor with a DO PASS recommendation. |
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|
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VOTE: 5-0-0 |
|
348 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. SEN. ATKINSON will lead discussion on the floor. |
|
353 |
Chair Ringo |
Closes work session on HB 2083 and opens public hearing on SJM 4. |
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SJM 4 – PUBLIC HEARING |
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|
355 |
Chair Ringo |
Explains SJM 4. |
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The following prepared testimony is submitted for the record without public testimony: |
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|
|
Scott Silver |
Executive Director, Wild Wilderness. Submits written testimony in support of SJM 4 (EXHIBIT K). |
|
370 |
Chair Ringo |
Closes public hearing and opens work session on SJM 4. |
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SJM 4 – WORK SESSION |
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|
372 |
Sen. Atkinson |
MOTION: Moves SJM 4 be sent to the floor with a BE ADOPTED recommendation. |
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|
|
VOTE: 5-0-0 |
|
|
Chair Ringo |
Hearing no objection, declares the motion CARRIED. SEN. RINGO will lead discussion on the floor. |
|
380 |
Chair Ringo |
Closes work session and adjourns meeting at 8:05 a.m. |
EXHIBIT SUMMARY
A. SB 410, written testimony, Roy Elicker, 2 pp
B. SB 410, article, Roy Elicker, 23 pp
C. SB 529, fact sheet and graph, Celeste Crimi, 2 pp
D. SB 529, -1 amendments, Staff, 2 pp
E. SB 529, -2 amendments, Staff, 1 p
F. SB 529, -3 amendments, Staff, 4 pp
G. SB 848, written testimony, Gerald Kubiak, 1 p
H. SB 848, -1 amendments, Gerald Kubiak, 1 p
I. SB 696, written testimony, Kristina McNitt, 2 pp
J. HB 2083, written testimony, Adam Sussman, 5 pp
K. SJM 4, written testimony, Scott Silver, 1 p