SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

February 23, 2001 Hearing Room B

8:00 a.m. Tapes 40

MEMBERS PRESENT: Sen. Ken Messerle, Chair

Sen. Frank Shields, Vice-Chair

Sen. Roger Beyer

Sen. Ginny Burdick

Sen. Ryan Deckert

Sen. Bill Fisher

MEMBER EXCUSED: Sen. Jason Atkinson

STAFF PRESENT: Jennifer Solomon, Committee Administrator

Cheryl Young, Committee Assistant

MEASURE/ISSUES HEARD: SB 315, Public Hearing and Work Session

HB 2160, Public Hearing and Work Session

SB 715, 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 40, A
004	Chair Messerle	Opens meeting at 8:05. Announces that SB 310 will be pulled until another time. Opens Public Hearing on SB 315
SB 315, PUBLIC HEARING
005	Staff	Summarizes SB 315
	Chair	No testimony. Closes Public Hearing on SB 315. Opens Work Session on SB 315. Asks for motion
SB 315, WORK SESSION
	Sen. R. Beyer	MOTION: Moves SB 315 to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 5-0 EXCUSED: 2 - Sen. Atkinson, Sen. Deckert
	Chair	Hearing no objection, declares the motion CARRIED. SEN. R. BEYER will lead discussion on the floor.
008	Chair	Opens Public Hearing on HB 2160
HB 2160, PUBLIC HEARING
	Staff	Summarizes HB 2160.
	Chair	No testimony. Closes Public Hearing on HB 2160. Opens Work Session on HB 2160
HB 2160, WORK SESSION
	Chair	Asks for motion.
	Sen. R. Beyer	MOTION: Moves HB 2160 to the floor with a DO PASS recommendation.
		VOTE: 5-0 EXCUSED: 2 - Sen. Atkinson, Sen. Deckert
	Chair	Hearing no objection, declares the motion CARRIED. SEN. R. BEYER will lead discussion on the floor.
	Chair Messerle	Opens Public Hearing on SB 715.
SB 715, PUBLIC HEARING
	Staff	Summarizes SB 715
008	Sen. Beyer	States that he has introduced this bill at the request of Mike and Leann Collins who are here to testify on its behalf. Are going to listen to issues and then go to Legislative Council and ask for some amendments to be drafted.
012	Leann Collins and Mike Collins	States that they want to have the ability to partition their property so that each of the three homes can have their own tax lot. Expands on testimony. Submits written testimony. (EXHIBIT A).
044	Sen. Burdick	Asks what is the surrounding area like around their property, and do they actively manage the trees.
047	Ms. Collins	Responds that they have replanted the back of their property in trees, and one side is forestland, and expands on explanation.
054	Sen. Burdick	Asks if the larger lots are privately owned, or State or Federal lands.
056	Ms. Collins	Responds that it is all private land.
059	Chair.	Asks if they are considering dividing property into three equal parts.
061	Ms. Collins	Responds.
063	Mr. Collins	Gives the committee further information on the property.
072	Sen. Shields	Asks the significance of the Nov. 4, 1993 date in bill.
075	Ron Eber	Responds that the effective date of HB 3661 in the ’93 session that changed all the standards.
081	Sen. Shields	Asks about the history on the other two houses on the property.
083	Ms. Collins	States that before the zoning was there, people owned the property and they put in houses for their relatives. They purchased the land ‘as is’.
089	Sen. Shields	So someone in some point of time, bought two extra pieces of property so it all became one piece of property?
091	Ms. Collins	Replies, no.
094	Sen. Shields	Asks if there were three separate pieces of property on which three houses were built, or was it always one piece, and someone built them as rentals.
097	Mr. Collins	Responds and clarifies.
115	Ron Eber	Farm and Forest Land Specialist for the Department of Land Conservation and Development. States that they can support this bill with some amendments. Continues with testimony. Submits written testimony. (EXHIBIT B).
145	Chair	Asks how much demand does he think there is for this bill across the state.
147	Eber	States that he thinks it would be used on a fairly routine basis. Expands on statement.
156	Chair	Asks if he has had requests in past for estates?
163	Eber	Responds yes, and elaborates on his answer regarding estate situations.
167	Sen. Burdick	Asks what kind of impact, if any, would a situation like this have on family forest operations.
176	Eber	Responds.
187	Sen. Burdick	States her concerns regarding possible serious conflicts between those practicing forestry and those just building homes on this property.
196	Chair	Asks Mr. Eber if this bill has a minimum lot size of the parcels divided off.
198	Eber	Responds no, it does not. Expands on response.
215	Chair	Asks if it would be appropriate to have a minimum two-acre lot size, so there is not a ‘community’ in the middle of a forest zone.
219	Sen. Burdick	Agrees that it could be one approach, but her concern is that you could take a working forest area that was a family operation and end up with some forestry some non-forestry with tremendous conflicts. Perhaps the approach of the overall parcel being under a certain size would be the better way to go.
226	Chair	Suggests two ways of looking at it. Keeping the forestland as big as you can, or dividing it up with a forest unit in each of the divisions.
230	Sen. Beyer	States that he is having difficulty finding where the conflict is.
245	Sen. Shields	Suggests that they wait for a work session to discuss that issue.
251	Sen. Fisher	Asks Mr. Eber if this bill in any way changes the zoning.
252	Eber	Responds, no, it does not.
258	Art Schlack	Association of Oregon Counties. States that they have some concerns regarding this bill. Expands on testimony.
301	Chair Messerle	States that as he reads the bill it does designate simply forestland, in two areas.
305	Schlack	Replies that ‘at least a part’ of the land.
310	Chair Messerle	Asks for clarification of that statement and suggests that Sen. Beyer , Mr. Eber and Mr. Schlack work together to make sure the amendments cover the concerns.
312	Sen. Fisher	States that the relating clause does not relate to part, it strictly relates to forestland.
318	Chair	Closes Public Hearing on 715. Opens Work Session on SB 315.
SB 315, WORK SESSION
329	Sen. Messerle	MOTION: Requests unanimous consent that the rules be SUSPENDED to allow SEN. DECKERT to BE RECORDED as voting AYE on SB 315.
		VOTE: 1-0
	Chair	Hearing no objection, declares the motion CARRIED. SEN. R. BEYER will lead discussion on the floor.
333	Chair Messerle	Closes Work Session on SB 315. Opens Work Session on HB 2160.
	Sen. Messerle	MOTION: Requests unanimous consent that the rules be SUSPENDED to allow SEN. DECKERT to BE RECORDED as voting AYE on HB 2160.
		VOTE: 1-0
	Chair	Hearing no objection, declares the motion CARRIED. SEN. R. BEYER will lead discussion on the floor.
335	Chair Messerle	Closes Work Session on HB 2160. Adjourns meeting at 8:33 a.m.

Submitted By, Reviewed By,

Cheryl Young, Jennifer Solomon,

Committee Assistant Administrator

EXHIBIT SUMMARY

A – SB 715, written testimony, Mike & Leann Collins, 2pp.

B – SB 715, written testimony, Ron Eber, 1p.