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.

 

TAPE/#

Speaker

Comments

TAPE 43, A

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

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

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.

 

 

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.

SB 529 – PUBLIC HEARING

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.

SB 848 – PUBLIC HEARING

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

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.

SB 848 – WORK SESSION

027

Chair Ringo

MOTION:  Moves to ADOPT SB 848-1 amendments dated 03/14/05.

 

 

VOTE:  5-0-0

030

Chair Ringo

Hearing no objection, declares the motion CARRIED.

031

Sen. Atkinson

MOTION:  Moves SB 848 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  5-0-0

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.

SB 696 – PUBLIC HEARING

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.

HB 2083 – PUBLIC HEARING

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.

HB 2083 – WORK SESSION

346

Sen. Atkinson

MOTION:  Moves HB 2083 to the floor with a DO PASS recommendation.

 

 

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.

SJM 4 – PUBLIC HEARING

355

Chair Ringo

Explains SJM 4.

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

 

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.

SJM 4 – WORK SESSION

372

Sen. Atkinson

MOTION:  Moves SJM 4 be sent to the floor with a BE ADOPTED recommendation.

 

 

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