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

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.

 

 

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

 

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.

 

 

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.

 

 

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

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.

 

 

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

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

 

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

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

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.

SB 347 – PUBLIC HEARING

 

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