SENATE COMMITTEE ON ENVIRONMENT & LAND USE
April 08, 2005 Hearing Room E
9:00 A.M. Tapes 79 - 82
MEMBERS PRESENT: Sen. Charlie Ringo, Chair
Sen. Jason Atkinson, Vice-Chair
Sen. Roger Beyer
Sen. Ginny Burdick
MEMBER EXCUSED: Sen. Frank Shields
STAFF PRESENT: Matt Shields, Committee Administrator
Katie Lowry, Committee Assistant
MEASURES/ISSUES HEARD:
SB 389 – Public Hearing and Work Session
SB 351 – Work Session
SB 733 – Work Session
SB 834 – Work Session
SB 890 – Work Session
SB 593 – Work Session
SB 696 – Work Session
SB 570 – Public Hearing
SB 869 – Public Hearing
SB 529 – Work Session
SB 245 – Work Session
SB 347 – 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 79, A |
||
|
005 |
Chair Ringo |
Calls meeting to order at 9:07 a.m. Makes opening comments. Opens public hearing on SB 389. |
|
SB 389 – PUBLIC HEARING |
||
|
|
Matt Shields |
Committee Administrator. Submits SB 389-3 amendments for the record (EXHIBIT A). |
|
015 |
Jerod Broadfoot |
Oregon Chapter, Safari Club International. Gives background information on SB 389.Testifies in support of SB 389. |
|
029 |
Chair Ringo |
Asks which amendments witness is supporting. |
|
030 |
Broadfoot |
Replies the -3 amendments and explains. |
|
040 |
Roy Elicker |
Deputy Director, Fish and Wildlife Programs, Oregon Department of Fish and Wildlife (ODFW). Introduces Ron Anglin. States that the ODFW supports the -3 amendments. Submits written testimony (EXHIBIT B). |
|
042 |
Chair Ringo |
Asks about fiscal impact. |
|
043 |
Elicker |
Responds. |
|
044 |
Chair Ringo |
Makes comment. Closes public hearing on SB 389 and opens work session on SB 389. |
|
SB 389 – WORK SESSION |
||
|
045 |
Sen. Atkinson |
MOTION: Moves to ADOPT SB 389-3 amendments dated 04/06/05. |
|
|
|
VOTE: 3-0-2 EXCUSED: 2 - Burdick, Shields |
|
046 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
|
048 |
Sen. Atkinson |
MOTION: Moves SB 389 to the floor with a DO PASS AS AMENDED recommendation. |
|
|
|
VOTE: 3-0-2 EXCUSED: 2 - Burdick, Shields (Note: See Tape 80, B at 256 and page 8 of these minutes.) |
|
049 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. SEN. BEYER will lead discussion on the floor. |
|
050 |
Chair Ringo |
Closes work session on SB 389 and opens work session on SB 351. |
|
SB 351 – WORK SESSION |
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|
060 |
Matt Shields |
Gives overview of SB 351. Submits and discusses the -3 amendments (EXHIBIT C), the -4 amendments (EXHIBIT D) and the -6 amendments (EXHIBIT E). |
|
087 |
Joe Rohleder |
Oregon Aquaculture Association. Gives overview of SB 351. States support for the -4 and the -6 amendments. |
|
100 |
Chair Ringo |
Verifies that the -3 amendments added the advisory committee. |
|
101 |
Rohleder |
Replies no and explains the -3 amendments. |
|
112 |
Chair Ringo |
Verifies that witness wants the -3 amendments held. |
|
113 |
Rohleder |
Replies yes. |
|
115 |
Chair Ringo |
Asks about fiscal impact. |
|
119 |
Rohleder |
Responds. |
|
128 |
Chair Ringo |
Asks if witness would support the -3 amendments if the imposed fee was sufficient to cover the funding issues so SB 351 could be moved directly to the Senate floor. |
|
130 |
Rohleder |
Responds. |
|
133 |
Sen. Beyer |
Prefers to adopt the -4 and the -6 amendments and move SB 351 to Ways and Means. Makes comments. |
|
142 |
Chair Ringo |
Replies. |
|
143 |
Chair Ringo |
MOTION: Moves to ADOPT SB 351-4 amendments dated 03/28/05. |
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|
|
VOTE: 3-0-2 EXCUSED: 2 - Burdick, Shields |
|
144 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
|
145 |
Chair Ringo |
MOTION: Moves to ADOPT SB 351-6 amendments dated 03/30/05. |
|
|
|
VOTE: 3-0-2 EXCUSED: 2 - Burdick, Shields |
|
146 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
|
149 |
Chair Ringo |
MOTION: Moves SB 351 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference. |
|
|
|
VOTE: 3-0-2 EXCUSED: 2 - Burdick, Shields |
|
150 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
|
160 |
Chair Ringo |
Closes work session on SB 351 and opens work session on SB 733. |
|
SB 733 – WORK SESSION |
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|
|
Matt Shields |
Committee Administrator. Submits SB 733-1 amendments for the record (EXHIBIT F). |
|
167 |
Jeff Bissonnette |
Fair and Clean Energy Coalition. Introduces John Miller. Discusses SB 733 and the -1 amendments. Submits written testimony (EXHIBIT G). |
|
185 |
Sen. Atkinson |
MOTION: Moves to ADOPT SB 733-1 amendments dated 04/06/05. |
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|
|
VOTE: 3-0-2 EXCUSED: 2 - Burdick, Shields |
|
187 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
|
188 |
Sen. Atkinson |
MOTION: Moves SB 733 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Revenue. |
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|
|
VOTE: 3-0-2 EXCUSED: 2 - Burdick, Shields |
|
189 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
|
190 |
Chair Ringo |
Closes work session on SB 733 and opens work session on SB 834. |
|
SB 834 – WORK SESSION |
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|
195 |
Eric Schmidt |
Association of Oregon Counties. Testifies in support of SB 834. |
|
205 |
Sen. Atkinson |
MOTION: Moves SB 834 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means by prior reference. |
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|
|
VOTE: 3-0-2 EXCUSED: 2 - Burdick, Shields |
|
208 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
|
209 |
Chair Ringo |
Closes work session on SB 834 and opens work session on SB 890. |
|
SB 890 – WORK SESSION |
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|
211 |
Matt Shields |
Committee Administrator. Gives overview of SB 890. Submits and discusses the -1 amendments (EXHIBIT H). |
|
225 |
Chair Ringo |
Discusses SB 890. |
|
230 |
Sen. Beyer |
Verifies that the cap is left blank. |
|
231 |
Chair Ringo |
Replies yes. |
|
235 |
Sen. Atkinson |
MOTION: Moves to ADOPT SB 890-1 amendments dated 04/07/05. |
|
|
|
VOTE: 3-0-2 EXCUSED: 2 - Burdick, Shields |
|
237 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
|
240 |
Sen. Atkinson |
MOTION: Moves SB 890 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Revenue by prior reference. |
|
|
|
VOTE: 3-0-2 EXCUSED: 2 - Burdick, Shields |
|
241 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
|
243 |
Chair Ringo |
States that SB 354, SB 294, SB 861, and SB 352 will not be heard today. |
|
250 |
Chair Ringo |
Closes work session on SB 890 and opens work session on SB 593. |
|
SB 593 – WORK SESSION |
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|
|
Matt Shields |
Committee Administrator. Submits SB 593-1 amendments for the record (EXHIBIT I). |
|
253 |
Cheryl Humman |
Defenders of Wildlife. Gives background information on SB 593. |
|
262 |
Sen. Beyer |
Assumes that the mentioned lands are currently either under agricultural or forestry special assessments. |
|
263 |
Humman |
Replies yes, the majority of them are. |
|
264 |
Sen. Beyer |
Asks what the difference is between those assessments and the special assessments in SB 593. |
|
265 |
Humman |
Explains. |
|
274 |
Sen. Beyer |
Asks for clarification. |
|
275 |
Humman |
Responds. |
|
280 |
Sen. Beyer |
Makes suggestion to Chair Ringo. |
|
287 |
Humman |
Responds. States that the Oregon Department of Forestry supports SB 593. |
|
292 |
Sen. Beyer |
Asks if the land values would remain the same as they are in the forestry assessment. |
|
293 |
Humman |
States that the land value may not remain the same, but that the assessed value would. |
|
298 |
Sen. Beyer |
Clarifies that he is asking if the assessed value would remain the same. |
|
302 |
Humman |
Replies yes and explains. |
|
307 |
Sen. Beyer |
Asks if the land would be able to be transferred between assessments. |
|
308 |
Humman |
Replies yes and explains. |
|
309 |
Sen. Beyer |
Asks if the back tax that came with the provision would be the same as the land use change. |
|
312 |
Humman |
Asks for clarification. |
|
313 |
Sen. Beyer |
Clarifies question. |
|
320 |
Humman |
Responds. |
|
323 |
Chair Ringo |
Asks if Sen. Beyer is comfortable with SB 593. |
|
324 |
Sen. Beyer |
Replies yes and makes comments. |
|
325 |
Humman |
Makes comments. |
|
335 |
Sen. Beyer |
MOTION: Moves to ADOPT SB 593-1 amendments dated 03/11/05. |
|
|
|
VOTE: 3-0-2 EXCUSED: 2 - Burdick, Shields |
|
336 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
|
337 |
Sen. Beyer |
MOTION: Moves SB 593 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Revenue by prior reference. |
|
|
|
VOTE: 3-0-2 EXCUSED: 2 - Burdick, Shields |
|
340 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
|
343 |
Chair Ringo |
States that SB 542, SB 529, SB 352, SB 861, SB 294 and SB 659 will be carried over until the next regularly scheduled meeting. States that the committee will not meet on Monday, April 11, 2005. Makes comments. |
|
370 |
Chair Ringo |
Closes work session on SB 593 and opens work session on SB 696. |
|
SB 696 – WORK SESSION |
||
|
372 |
Anita Winkler |
Oregon Water Resources Congress. Discusses questions raised at the last hearing on SB 696. Believes that the questions have been resolved. |
|
380 |
Chair Ringo |
Remarks that he had some questions about the operation of SB 696. Says that he is now satisfied with SB 696 as drafted. |
|
395 |
Sen. Beyer |
MOTION: Moves SB 696 to the floor with a DO PASS recommendation. |
|
|
|
VOTE: 3-0-2 EXCUSED: 2 - Burdick, Shields |
|
397 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. SEN. BEYER will lead discussion on the floor. |
|
400 |
Chair Ringo |
Closes work session on SB 696. Makes comment about SB 347. Opens public hearing on SB 570. |
|
SB 570 – PUBLIC HEARING |
||
|
419 |
Rick North |
Oregon Physicians for Social Responsibility. Explains SB 570. Testifies in support of SB 570. Submits written testimony (EXHIBIT J). |
|
TAPE 80, A |
||
|
001 |
North |
Continues testimony in support of SB 570. |
|
050 |
Chair Ringo |
Asks where most of the test plots are located. |
|
051 |
North |
Gives locations. |
|
053 |
Chair Ringo |
Asks what kinds of crops are the subjects of those test plots. |
|
054 |
North |
Responds corn, soybeans, tobacco and rice. |
|
057 |
Chair Ringo |
Asks if there are any test plots in California. |
|
058 |
North |
Replies yes and explains in detail. |
|
067 |
Chair Ringo |
Asks witness to explain his concerns about food crops. |
|
068 |
North |
Responds. |
|
077 |
Chair Ringo |
Verifies that witness is not opposed to genetically modified foods. |
|
078 |
North |
States that is a different issue. States that he has concern for genetically engineered foods. |
|
079 |
Chair Ringo |
Verifies that SB 570 has nothing to do with genetically modified foods. |
|
080 |
North |
Confirms this and explains. |
|
081 |
Chair Ringo |
Asks about pharmaceuticals. |
|
086 |
North |
Explains in detail. |
|
093 |
North |
Concludes testimony in support of SB 570. |
|
097 |
North |
Submits and reads part of written testimony on behalf of Richard Sessions, CEO of Znomics, Inc., in support of SB 570 (EXHIBIT K). |
|
114 |
Martin Donohoe, M.D., FACP |
Chief Science Advisor, Oregon Physicians for Social Responsibility; Adjunct Lecturer, Department of Community Health, Portland State University. Submits and reads written testimony in support of SB 570 (EXHIBIT L). |
|
161 |
Chris Schreiner |
Oregon Tilth. Gives background information on Oregon Tilth. Submits and reads written testimony in support of SB 570 (EXHIBIT M). |
|
215 |
Katy Coba |
Director, Oregon Department of Agriculture (ODA). Testifies on SB 570. Discusses bio-pharming. Submits written testimony (EXHIBIT N). |
|
245 |
Chair Ringo |
Asks what the process is for a request to carry out bio-pharming. |
|
250 |
Coba |
Responds. Discusses technology. Concludes testimony on SB 570. |
|
295 |
Dr. David Stone |
Environmental Toxicologist, Office of Public Health Systems, Department of Human Services. Submits and reads written testimony on SB 570 (EXHIBIT O). |
|
323 |
Sen. Beyer |
Appreciates Ms. Coba’s comments that this is a national issue. Asks about location of test crops and cross-pollination. |
|
342 |
Coba |
Responds. |
|
385 |
Terry Witt |
Executive Director, Oregonians for Food and Shelter. Submits and reads written testimony in opposition to SB 570 (EXHIBIT P). |
|
TAPE 79, B |
||
|
001 |
Witt |
Continues testimony in opposition to SB 570. |
|
060 |
Chair Ringo |
Comments that this is a difficult issue and that there are a lot of public policy issues involved. States that the decision needs to be science based. Remarks that it does not help when witness refers to the proponents of SB 570 as extremists. Makes comment on Dr. Stone’s testimony. |
|
070 |
Witt |
Replies that much of the debate has not been based on science. |
|
071 |
Chair Ringo |
States that it needs to be. |
|
072 |
Witt |
Makes comment. |
|
073 |
Chair Ringo |
Makes comment. |
|
075 |
Witt |
Agrees that the debate should be based on science. Comments on Dr. Stone’s testimony. |
|
082 |
Chair Ringo |
Responds. |
|
083 |
Katie Fast |
Oregon Farm Bureau. Testifies in opposition to SB 570. Submits written testimony (EXHIBIT Q). |
|
127 |
Chair Ringo |
Asks about bio-fuels bill. |
|
128 |
Fast |
Responds. |
|
133 |
Bitty Roy |
Botanist, University of Oregon. States that she is speaking as a private citizen. Testifies in support of SB 570. Submits written testimony (EXHIBIT R). |
|
155 |
Chair Ringo |
Clarifies that witness said ninety-seven (97) percent. |
|
156 |
Roy |
Replies yes. Continues testimony in support of SB 570. |
|
205 |
Joseph Cortright |
Economist, Impresa. Testifies on SB 570. Submits written testimony (EXHIBIT S). |
|
265 |
Chair Ringo |
Asks Katy Coba to follow up on Mr. Cortright’s testimony. Asks about risk to the economy. |
|
275 |
Coba |
Responds. |
|
318 |
Mel Bankoff |
Founder, Emerald Valley Kitchens. Testifies in support of SB 570. |
|
412 |
Chair Ringo |
Asks if witness has written testimony. |
|
413 |
Bankoff |
Replies no. |
|
414 |
Chair Ringo |
Asks witness to continue testimony. |
|
415 |
Bankoff |
Continues testimony in support of SB 570. |
|
TAPE 80, B |
||
|
010 |
Steve Strouss |
Professor, Oregon State University; Chair, Outreach in Resource Biotechnology. States position of neutrality to SB 570. |
|
015 |
Chair Ringo |
Asks witness what his area of expertise is. |
|
020 |
Strouss |
Replies geneticist and biotechnologist. |
|
021 |
Strouss |
Submits and highlights written testimony in neutrality to SB 570 (EXHIBIT T). |
|
The following prepared testimony is submitted for the record without public testimony: |
||
|
|
Rick North |
Oregon Physicians for Social Responsibility. Submits written testimony on behalf of Peter Lind, Co-Chair Public Health Committee, Oregon Doctors of Chiropractic, in support of SB 570 (EXHIBIT U). Submits written testimony on behalf of Mary H. O’Brien, Ph.D. in Botany, in support of SB 570 (EXHIBIT V). Submits written testimony on behalf of Peter Kenagy, Kenagy Family Farm in Albany, in support of SB 570 (EXHIBIT W). |
|
093 |
Chair Ringo |
Closes public hearing on SB 570 and recesses committee at 10:44 a.m. |
|
094 |
Chair Ringo |
Calls meeting back to order at 10:54 a.m. Opens public hearing on SB 869. |
|
SB 869 – PUBLIC HEARING |
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|
100 |
Sen. Bruce Starr |
Represents Senate District 16. Gives background information on SB 869. |
|
153 |
Chair Ringo |
States that he has had conversation with some people about a code of ethics for planners. Discusses the way SB 869 is drafted. |
|
162 |
John Chandler |
Oregon Home Builders Association (OHBA). Discusses the issue addressed in SB 869. States that the OHBA will be part of an interim discussion. |
|
193 |
Sen. Beyer |
Asks about term used by witness. |
|
194 |
Chandler |
Responds. |
|
202 |
Art Schlack |
Association of Oregon Counties. Discusses SB 869. Says that they have had conversation with Sen. B. Starr and are beginning to understand the issue. Says they have concerns with the current form of SB 869. States willingness to work with Sen. B. Starr and an interim workgroup. |
|
235 |
Chair Ringo |
Makes comment on SB 869. Closes public hearing on SB 869. Discusses SB 529. Opens work session on SB 529. |
|
SB 529 – WORK SESSION |
||
|
240 |
Sen. Burdick |
MOTION: Moves SB 529 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Ways and Means by prior reference. |
|
|
|
VOTE: 4-0-1 EXCUSED: 1 – Shields |
|
245 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
|
255 |
Chair Ringo |
Closes work session on SB 529 and re-opens work session on SB 389. |
|
SB 389 – WORK SESSION |
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|
256 |
Sen. Beyer |
MOTION: Requests unanimous consent that the rules be SUSPENDED to allow SEN. BURDICK to BE RECORDED as voting AYE on the motion to move SB 389 to the floor with a DO PASS AS AMENDED recommendation. |
|
|
|
VOTE: 4-0-1 EXCUSED: 1 – Shields |
|
257 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
|
|
|
VOTE: 4-0-1 EXCUSED: 1 – Shields (Note: See Tape 79, A at 048 and page 2 of these minutes.) |
|
258 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. |
|
265 |
Chair Ringo |
Closes work session on SB 389 and opens work session on SB 245. |
|
SB 245 – WORK SESSION |
||
|
|
Matt Shields |
Committee Administrator. Submits SB 245-1 amendments for the record (EXHIBIT X). |
|
275 |
Randy Tucker |
Legislative Affairs Manager, Metro. Introduces other witnesses. |
|
280 |
Rod Park |
Metro Councilor. Testifies in support of SB 245. |
|
350 |
John Chandler |
Oregon Home Builders Association. Agrees with Mr. Park. Testifies in support of SB 245. |
|
392 |
Sen. Beyer |
Mentions concerns about a bill heard in committee earlier in session relating to Metro. Says that it seems like SB 245 will only make these problems worse. |
|
412 |
Tucker |
Refers to page 2, lines 25-28 of the -1 amendments (EXHIBIT X). |
|
425 |
Dick Benner |
Senior Deputy Counsel, Metro. Discusses concerns raised by SB 730 (2005). |
|
TAPE 81, A |
||
|
019 |
Sen. Beyer |
Clarifies that the City of Hillsboro and others know about the -1 amendments and have had a chance to review them. |
|
020 |
Chair Ringo |
States that we just received the amendments today. States that SB 245 will be held over until the next scheduled meeting. |
|
029 |
Chair Ringo |
Closes work session on SB 245 and opens public hearing on SB 347. |
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SB 347 – PUBLIC HEARING |
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|
|
Matt Shields |
Committee Administrator. Submits SB 347-1 amendments for the record (EXHIBIT Y). |
|
035 |
Dave Leland |
Manager, Drinking Water Program, Department of Human Services (DHS). Submits and highlights written testimony in support of SB 347 (EXHIBIT Z). |
|
064 |
Chair Ringo |
Asks clarifying question. |
|
065 |
Leland |
Responds. |
|
070 |
Leland |
Discusses the -1 amendments. States support for the -1 amendments. |
|
082 |
Willie Tiffany |
League of Oregon Cities. Discusses SB 347. |
|
093 |
Chair Ringo |
Asks who was a part of the mentioned work group. |
|
094 |
Tiffany |
Responds. |
|
095 |
Tiffany |
Discusses a change desired in the -1 amendments. |
|
105 |
Chair Ringo |
Asks witness to define the word “validated”. |
|
106 |
Tiffany |
Explains. |
|
111 |
Leland |
Explains. |
|
118 |
Chair Ringo |
States that, to him, the word validated means that it has been double checked. |
|
120 |
Leland |
Replies that is a good way to look at it and explains. |
|
126 |
Tiffany |
States that the validated result is the same result that the municipality would receive. |
|
130 |
Sen. Beyer |
Asks who the labs work for. |
|
131 |
Tiffany |
Replies. |
|
132 |
Sen. Beyer |
Verifies that in this case the labs are working for the cities. |
|
133 |
Tiffany |
Replies. States that many municipalities contract with private labs to do these tests. |
|
134 |
Sen. Beyer |
Wonders why an independent third party would be asked to send the results somewhere else. Asks what is wrong with the system of having the municipalities send the non-conforming results to DHS. |
|
140 |
Chair Ringo |
Responds. |
|
148 |
Sen. Beyer |
Makes comments. Gives an illustration. |
|
154 |
Tiffany |
Makes closing remarks. |
|
159 |
Sen. Burdick |
Mentions audit done by the Secretary of the State’s office. Asks if the Secretary of the State’s office directed witness to this approach. |
|
164 |
Leland |
Replies yes and explains. |
|
185 |
John Nielsen |
Past President and Founder, Oregon Environmental Laboratory Association; Board Member, Drinking Water Advisory Committee, DHS; Board Member, Oregon Technical Advisory Committee; owner and operator, Nielsen Research Corporation. Testifies in opposition to SB 347. |
|
215 |
Chair Ringo |
Makes comment. States that his goal is to ensure safe drinking water. Asks if witness can see any harm in dual reporting of a positive result. |
|
223 |
Nielsen |
Responds. |
|
233 |
Chair Ringo |
Asks about reporting the positive reports. |
|
236 |
Nielsen |
Responds that in SB 347, all the reports go to DHS, and DHS would have to sort out the positive and the negative results. |
|
239 |
Chair Ringo |
Asks if witness is referring to the -1 amendments. |
|
240 |
Nielsen |
Replies no, he is speaking to the original bill. |
|
241 |
Chair Ringo |
Asks witness to focus on the -1 amendments. |
|
242 |
Nielsen |
States that both are up for consideration. |
|
243 |
Chair Ringo |
Makes comments regarding work group. Asks all witnesses to direct comments to the -1 amendments. |
|
244 |
Nielsen |
Discusses the -1 amendments. Discusses 24-hour reporting requirement. Discusses the Secretary of the State’s audit. |
|
260 |
Chair Ringo |
Asks how many positive, validated results are found in witness’ lab in a given amount of time. |
|
264 |
Nielsen |
Responds. |
|
267 |
Chair Ringo |
Asks how many of those tests are positive, validated test results. |
|
268 |
Nielsen |
Replies that it varies. Explains in detail. |
|
280 |
Sen. Burdick |
Asks why the test, once it is validated, couldn’t be sent off to the DHS. |
|
281 |
Nielsen |
Verifies that the test would be sent off after it is validated. |
|
282 |
Sen. Burdick |
Replies yes. |
|
286 |
Nielsen |
States that the responsibility of reporting would be shifted to the labs. |
|
290 |
Sen. Burdick |
Points out that the witness has already taken responsibility because the lab has made the phone call. Asks if witness could make a copy of the report and mail it off because the report is already separated. |
|
291 |
Nielsen |
Replies that the lab will make a copy of the report. States that the public water system currently has the responsibility to notify DHS. Explains that the lab reports to the public water system and the public water system reports to DHS. |
|
294 |
Sen. Burdick |
Asks if there is a contract when the lab works for a public water system. |
|
295 |
Nielsen |
Replies no and explains. |
|
296 |
Sen. Burdick |
Verifies that the public water systems don’t set up a contract to pay the laboratory. |
|
297 |
Nielsen |
Replies no and explains. |
|
298 |
Chair Ringo |
Confirms that there is at least an agreement that the lab will get paid for their services. |
|
300 |
Nielsen |
Replies yes. |
|
301 |
Chair Ringo |
Asks witness to focus on the -1 amendments. Wonders why SB 347 is an impediment. |
|
309 |
Nielsen |
States that the liability issue is the major complaint of all the laboratories. Explains in detail. Wonders about violations. Discusses timeline for water testing. |
|
338 |
Chair Ringo |
Responds. |
|
340 |
Sen. Beyer |
Remarks about shift of responsibility and liability. |
|
342 |
Nielsen |
Says that the liability issue is 99.99 percent of the objection to SB 347. |
|
343 |
Chair Ringo |
Verifies 99.99 percent objection. |
|
344 |
Nielsen |
Reiterates that the liability issue is the major concern. |
|
345 |
Chair Ringo |
Makes comment. |
|
350 |
Beth Myers |
Waterlab Corporation, Salem. Testifies in opposition to SB 347. Submits written testimony (EXHIBIT AA). |
|
400 |
Chair Ringo |
Asks how witness would transmit a report to the DHS if SB 347 were passed with the -1 amendments. |
|
405 |
Myers |
Replies by fax. |
|
409 |
Chair Ringo |
Asks how many validated positives for public drinking water there are. |
|
410 |
Myers |
Clarifies compliant, validated samples. |
|
411 |
Chair Ringo |
Asks how often that happens. |
|
412 |
Myers |
Replies not very often. |
|
413 |
Chair Ringo |
Points out that the witness mentioned additional costs. Wonders what the extra expense is to also fax the report to DHS. |
|
420 |
Myers |
Makes comment. |
|
421 |
Chair Ringo |
Asks how many faxes. |
|
422 |
Myers |
Replies maybe five a month. |
|
423 |
Chair Ringo |
Verifies that five faxes a month is what the witness is concerned about. |
|
424 |
Myers |
Asks why it is a concern whether the report goes in. |
|
425 |
Chair Ringo |
Replies that is a different issue. States that one question is whether there is a problem and that is an issue worth discussing. Points out that witness mentioned that it would raise her costs a lot. |
|
427 |
Myers |
Replies only if the lab has to send in all of the reports. Verifies that under the -1 amendments it would be fewer reports. |
|
429 |
Chair Ringo |
Mentions that witness said it would only be about five reports a month. |
|
431 |
Myers |
Replies yes. |
|
432 |
Chair Ringo |
Asks what witness’ costs are in sending five faxes a month. |
|
433 |
Myers |
Responds. |
|
434 |
Chair Ringo |
Remarks on credibility of witness. |
|
440 |
Sen. Beyer |
Discusses liability issue and cost of liability insurance. |
|
TAPE 82, A |
||
|
003 |
Chair Ringo |
Agrees that is an important issue. Remarks about credibility of witness’ testimony. |
|
005 |
Nielsen |
Makes additional comments on increased costs. |
|
020 |
Keith Chapman |
Water Analyst, City of Salem. States that he has tested the water provided by the City of Salem for 18 years and in that time there have been two positive choloform tests. |
|
022 |
Chair Ringo |
Verifies that witness said two positive tests in 18 years. |
|
023 |
Chapman |
Confirms this. States that the system was never out of compliance. Explains that compliance is more complicated than a single sample. Believes that the City of Salem is neutral on SB 347. States opposition to SB 347 as the lab director. States reasons for opposition. States that it makes sense to do this for choloform bacteria andEscherichia coli (E. coli). |
|
074 |
Chair Ringo |
Asks if it makes sense to report positive choloform bacteria and E. coli tests to DHS also. |
|
075 |
Chapman |
Replies yes. States that it is too complicated to do the rest of them. |
|
080 |
Chair Ringo |
Asks Ms. Myers and Mr. Nielsen the same question. |
|
081 |
Nielsen |
States that only reporting the choloform bacteria might be something the organization would consider. Reiterates issue of liability and relieving the public water system of the responsibility of reporting. |
|
084 |
Chair Ringo |
Says that he does not want that. Asks Ms. Myers for a response. |
|
085 |
Myers |
Discusses responsibility of water systems and labs. |
|
087 |
Chair Ringo |
Wants to follow up with Mr. Leland and Mr. Tiffany. |
|
088 |
Chair Ringo |
Asks about the idea that SB 347 would shift responsibility to the labs so the water districts wouldn’t report. |
|
091 |
Tiffany |
States that SB 347-1 does not remove any liability from the municipal water supplier because they are required under law to report the samples. States that the municipal water supplier is responsible for the quality of the drinking water. Discusses liability of labs if they declined to report directly to DHS. |
|
099 |
Chair Ringo |
Asks who the labs would be liable to. |
|
100 |
Tiffany |
Replies to DHS for failure to report but not for the quality of the report. Reiterates that the municipal water supplier is responsible for the quality of water that is provided to its citizens. |
|
102 |
Chair Ringo |
Mentions comment made that DHS is too busy to look at these reports. Asks what would happen if DHS received a fax of a report that was positive for E. coli. |
|
105 |
Leland |
Replies. Comments on the small number of reports that show there are contaminants. Discusses the process when a positive report is received. |
|
118 |
Chair Ringo |
Asks about testimony that said that one sample doesn’t mean anything and that it is an average of 50 to 100 samples. |
|
119 |
Leland |
Replies that is correct and explains. Mentions the audit done by the Secretary of the State’s office and discusses results that were not received by DHS. Points out that the issue is whether or not there is timely and appropriate follow-up to reports that show there may be a problem. |
|
132 |
Chair Ringo |
Asks about narrowing the requirements to only reporting choloform bacteria and E. coli. Wonders if those requirements are too narrow because of contaminants such as lead and nitrate that would be missed. |
|
137 |
Leland |
Believes that is correct. States that DHS is most concerned with the bacteriological quality of the water. Discusses other chemicals that have health consequences. |
|
141 |
Chair Ringo |
Closes public hearing on SB 347 and adjourns meeting at 11:57 a.m. |
EXHIBIT SUMMARY
A. SB 389, -1 amendments, Staff, 4 pp
B. SB 389, written testimony, Roy Elicker, 1 p
C. SB 351, -3 amendments, Staff, 6 pp
D. SB 351, -4 amendments, Staff, 1 p
E. SB 351, -6 amendments, Staff, 1 p
F. SB 733, -1 amendments, Staff, 18 pp
G. SB 733, written testimony, Jeff Bissonnette, 4 pp
H. SB 890, -1 amendments, Staff, 1 p
I. SB 593, -1 amendments, Staff, 1 p
J. SB 570, written testimony, Rick North, 3 pp
K. SB 570, written testimony of Richard Sessions, Rick North, 1 p
L. SB 570, written testimony, Martin Donohoe, 1 p
M. SB 570, written testimony, Chris Schreiner, 1 p
N. SB 570, written testimony, Katy Coba, 3 pp
O. SB 570, written testimony, David Stone, 2 pp
P. SB 570, written testimony, Terry Witt, 2 pp
Q. SB 570, written testimony, Katie Fast, 2 pp
R. SB 570, written testimony, Bitty Roy, 1 p
S. SB 570, written testimony, Joseph Cortright, 2 pp
T. SB 570, written testimony, Steve Strouss, 3 pp
U. SB 570, written testimony of Peter Lind, Rick North, 1 p
V. SB 570, written testimony of Mary H. O’Brien, Rick North, 1 p
W. SB 570, written testimony of Peter Kenagy, Rick North, 1 p
X. SB 245, -1 amendments, Staff, 4 pp
Y. SB 347, -1 amendments, Staff, 2 pp
Z. SB 347, written testimony, Dave Leland, 3 pp
AA. SB 347, written testimony, Beth Myers, 36 pp