SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

 

 

March 26, 2001   Hearing Room B

8:00 a.m.  Tapes 67 - 69

 

MEMBERS PRESENT:            Sen. Ken Messerle, Chair

Sen. Frank Shields, Vice-Chair

Sen. Jason Atkinson

Sen. Roger Beyer

Sen. Ryan Deckert

Sen. Bill Fisher

 

MEMBER EXCUSED:             Sen. Ginny Burdick

 

STAFF PRESENT:                  Jennifer Solomon, Committee Administrator

Cheryl Young, Committee Assistant

 

 

MEASURE/ISSUES HEARD:            SB 724, Public Hearing and Possible Work Session

                                                SB 725, Public Hearing and Possible Work Session

                                                SB 928, Public Hearing and Possible Work Session

                                                HB 2158, Public Hearing and Possible Work Session

                                                HB 2967, Public Hearing and Possible 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 67, A

006

Chair Messerle

Calls meeting to order at 8: 07. Opens Public Hearing on SB 724.

SB 724, PUBLIC HEARING

008

Staff

Summarizes SB 724.

014

Sen. Atkinson

Introduces this bill at the request of several of his constituents regarding land use time line permits.

042

Harlan Levy

Staff Attorney for the Oregon Association of Realtors. Speaks in support of this bill. Submits written testimony. (EXHIBITS A & B).

078

Carl Offenbacher

Realtor from Jackson County. Speaks in favor of slow development of farm and forestlands. Encourages support on this bill. Submits written testimony. (EXHIBIT C).

118

Larry Frank

Current President for the Rogue Valley Association of Realtors. Speaks in support of this bill and urges a do-pass recommendation.

147

Sen. Atkinson

Asks for clarification of exactly what they expect from this bill.

157

Offenbacher

Responds and clarifies.

167

Frank

Expands on Mr. Offenbacher’s statement.

182

Art Schlack

Association of Oregon Counties. Expresses concern for this bill regarding the extension of time for all permits.

215

Sen. Fisher

Asks what the county charges for a one year permit renewal.

217

Schlack

Responds that it’s about $75, for a two year extension.

221

Sen. Fisher

Notes a discrepancy and asks for clarification.

223

Schlack

Supports a clarification of two-year extension.

232

Carrie Kuerschner

Staff Attorney at 1000 Friends of Oregon. Opposes SB 724. Submits written testimony. (EXHIBIT D).

268

Chair Messerle

Asks for clarification on the statement ‘increase the likelihood of non-conforming uses.’

274

Kuerschner

Responds and clarifies.

286

Chair Messerle

States that he sees it differently.

290

Sen. Shields

Asks for further clarification on the non-conforming uses and notes that he sees a big difference between this and previous years.

333

Schlack

Responds and clarifies.

380

Sen. Shields

States that he doesn’t have a problem with the residential dwelling, but he does not understand the retroactivity part if it’s kept residential.

382

Schlack

States that they would take another look at the retroactivity if it were limited to residential.

387

Ron Eber

Farm and Forestland Specialist for the Department of Land Conservation and Development. Notes their concerns regarding extension and standards. Submits written testimony. (EXHIBIT E).

434

Chair Messerle

Asks if he thinks the present time frames are too short.

438

Eber

States that he will have to go back to the people at the department.

457

Sen. Atkinson

States his irritability with those who have not gotten to him with complaints or suggestions and of being blind-sided at this meeting.

Tape68, A

050

Chair Messerle

Instructs the people who have problems with the bill to work with Sen. Atkinson and if amendments are needed, it may be brought back up to the committee.

053

Sen. Fisher

Comments about the many delays that can happen before finishing a building project on their land.

070

Chair Messerle

States that he plans on moving this bill, and for the folks to get together and work out an amendment. Closes Public Hearing on SB 724. Opens Public Hearing on SB 725.

SB 725, PUBLIC HEARING

073

Staff

Summarizes SB 725.

080

Don Schellenberg

Associate Director of Government Affairs for the Oregon Farm Bureau. Speaks in favor of SB 725 and the land use system.

152

Herb Huddleston

OSU Extension Specialist. States that he is here to provide a resource to answer any questions about the technical merits of this protocol.

170

Marc Paulman

Citizen, and Regional Manager for Region 16 for the Farm Bureau. Speaks in favor of this bill. Submits written testimony.  (EXHIBIT F).

213

Mike Kerr

Farmer and Nurseryman in the Salem Area. Currently chairs the Oregon Farm Bureau Land Use Advisory Committee.  Speaks in support of SB 725. Submits written testimony. (EXHIBIT G).

278

Sen. Deckert

Asks Mr. Huddleston if the model takes into compliance the federal clean air and water laws.

283

Huddleston

Responds that it could and expands on answer.

290

Sen. Deckert

Asks if the Land Evaluation & Site Assessment System (LESA) model used in Linn County was used solely to look at the land zoning or was a broader perspective taken regarding the development of non-sustainable development.

301

Huddleston

Responds that the LESA system is an information-gathering tool.

320

Sen. Atkinson

Asks the witnesses to explain how the system would evaluate the protection of desirable vs. secondary agriculture land.

340

Huddleston

Responds and clarifies.

361

Chair Messerle

Temporarily recesses SB 725. Opens Public Hearing on HB 2967.

HB 2967, PUBLIC HEARING

375

Marc Simmons

Speaker of the House, State Representative of District 58. Lends his support to this bill.

448

Chair Messerle

Submits color pictures of a cougar attack on a family dog into the record from Rep. Kreiger. (EXHIBIT H).

464

Sen. Beyer

Asks if the –1 amendments were requested by Rep. Simmons.

471

Rep. Betsy Close

Chairman of the House Water Environment Committee. Speaks in support of this bill. Notes that bears were included in the original bill, and that bears were not added to the bill by her committee. Submits written testimony. (EXHIBIT I).

Tape 67, B

035

Rep. Close

Continues testimony.

047

Chair Messerle

Asks for clarification of a letter received from the Governors office.

049

Rep. Close

Verifies the receipt of a letter.

052

Chair Messerle

Asks if it conflicts with earlier indications that the Governor was supporting the bill.

054

Rep. Close

Agrees.

059

Rep. Greg Smith

State Representative from District 59. Lends support to HB 2967.

073

Sen. Fisher

Asks why stalking was not included in this bill.

079

Rep. Close

Responds to issue.

08

Sen. Deckert

Asks what the feeling is of removing bears from the bill.

091

Rep. Simmons

Responds to question.

098

Chair Messerle

Closes Public Hearing on HB 2967. Reopens Public Hearing on SB 725.

SB 725, Public Hearing

110

Chair Messerle

States that Sen. Atkinson has not heard from any of the witnesses regarding this bill.

112

Art Schlack

Association for Oregon Counties. Notes that with respect to Sen. Atkinson he has been in conversation with the Farm Bureau for three weeks. States concerns with this bill.

154

Chair Messerle

Discusses frustrations with the LESA project in the past. Points out for the record that this bill is encouraging not requiring.

171

Sen. Atkinson

Asks for any suggestions for under the word ‘encourage’.

174

Schlack

Will bring back several systems.

177

Sen. Atkinson

Asks if he was going to bring them to the legislative process.

180

Schlack

Responds to that issue.

192

Sen. Atkinson

Interested in having more evaluation of what we want to protect and how to protect it. Asks if there are any other creative ways to have both. 

237

Carrie Kuerschner

Staff Attorney of 1000 Friends of Oregon. Speaks in opposition of SB 725. Submits written testimony. (EXHIBIT I).

290

Ron Eber

Department of Land Conservation and Development. Speaks of concerns regarding SB 725.  Submits written testimony. (EXHIBIT J).

347

Chair Messerle

Asks if the counties and cities already have plans in place, where else would he put it.

350

Eber

Responds regarding evaluations of individual lots or parcels.

362

Chair Messerle

Asks if he feels it would be more appropriate to use it on an individual zone change coming to the planning committee.

365

Eber

Responds.

382

Chair Messerle

Closes Public Hearing on SB 725. Opens Public Hearing SB 928.

SB 928, PUBLIC HEARING

385

Staff

Summarizes SB 928. Written testimony submitted on behalf of Representative Mark Simmons. (EXHIBIT K).

412

Bill Cross

Representing the Oregon Association of Convention and Visitors Bureaus. Notes that they requested this legislation to be introduced, and requests his name be removed and replaced with the Oregon Association of Convention and Visitors Bureaus. Speaks in support of SB 928.  Submits written testimony. (EXHIBIT L).

428

Connie Pound-Lewis

Executive Director, Baker County Visitor and Convention Bureau. Speaks in favor of this bill.

Tape 68, B

017

Cross

Continues with further testimony regarding the restrictions created by this legislation. Notes that they have some amendments.

038

Pound-Lewis

Makes further clarification.

064

Chair Messerle

Asks if their amendments are covered under the –1.

065

Pound- Lewis

Agrees and continues with testimony.

077

Cross

Further clarifies parts of the original bill.

095

Pound-Lewis

Continues with testimony.

119

Rep. Greg Smith

Speaks in support of SB 928 and to repeal the sunset. Farmers and ranchers in eastern Oregon have a life style different from the rest of state. Small business owners must diversify and this is an opportunity for them to diversity if they wish.

145

Sen. Ferrioli

Speaks in support of SB 928. Speaks of –1 amendments. Urges keeping ranching families viable.

183

Carrie Kuerschner

Staff Attorney, 1000 Friends of Oregon. Speaks in opposition to SB 928. Submits written testimony. (EXHIBIT M).

288

Don Schellenberg

Associate Director of Government Affairs for the Oregon Farm Bureau. States his position is neutral until they see amendments. Supports the concept.

330

Ron Eber

Department of Land Conservation and Development. States his position is neutral until they can evaluate the amendments.

391

Sen. Deckert

Refers to the 1997 bill requiring a report to the legislature and asks why wasn’t one drafted.

401

Schellenberg

States that they are still prepared to submit something in writing or orally.

418

Sen. Deckert

Asks how many guest ranches there are, and the nature of their activities.

426

Schellenberg

States that he has other details, and will submit them in writing.

437

Chair Messerle

Closes the Public Hearing on SB 928. Opens Public Hearing on HB 2158.

HB 2158, PUBLIC HEARING

457

Katie Cate

Representing the Oregon Cattlemen’s Association. Speaks in support of this bill. Submits written testimony. (EXHIBIT N).

Tape 69,A

040

Hilary Abraham

Director of Government Relations for Nature Conservancy of Oregon. Speaks in favor of this bill. Submits written testimony. (EXHIBIT O).

053

Sally Mackler

Representing Humane Oregon Political Action Committee. Neutral on bill and makes further comments.

079

Chair Messerle

Written testimony submitted. (EXHIBIT P). Closes Public Hearing on HB 2158. Opens Public Hearing on HB 2967.

088

James Ince

Representing Ranchers Against HB 2967. Speaks in opposition of HB 2967.

136

Sally Mackler

Representing the Predator Defense Institute’s Humane Oregon Political Action Committee, and the Rogue Group Sierra Club.  Speaks in opposition to SB 2967.

208

Chair Messerle

Makes clarification regarding testimony entered into the record.

221

Sen. Shields

States that he would like copies of any testimony that did not make it into the record.

232

Chair Messerle

Asks that Ms. Mackler contact Jennifer Solomon for the appropriate procedures.


 


242

Chair Messerle

Closes Public Hearing on HB 2967. Adjourns meeting at 10:18 a.m.

 

 

Submitted By,                        Reviewed By,

 

 

 

Cheryl Young,                        Jennifer Solomon,

Committee Assistant                        Administrator

 

EXHIBIT SUMMARY

 

A – SB 724, written testimony, Harlan E. Levy, 1p.

B – SB 724, written testimony, by Harlan E. Levy for Rick Harris, 2pp.

C – SB 724, written testimony, Carl Offenbacher, 1p.

D – SB 724, written testimony, Carrie Kuerschner, 1p.

E – SB 724, written testimony, Ron Eber for Richard P. Benner, 1p.

F – SB 725, written testimony, Marc Paulman, 1p.

G –SB 725, written testimony, Michael Kerr, 2pp.

H –HB 2967, color cougar photo, Rep. Krieger, 1p.

I - HB 2967, written testimony, Rep. Greg Smith, 1p.

J – SB 725, written testimony, Ron Eber for Richard Benner, 1p.

K – SB 928, written testimony, House Speaker Mark Simmons, 1p.

L – SB 928, written testimony, Bill Cross, 5pp.

M – SB 928, written testimony, Carrie Kuerschner, 3pp.

N – HB 2158, written testimony, Katie Cate, 3pp.

O – HB 2158, written testimony, Hilary Abraham, 2pp.

P – HB 2158, written testimony, Rep. Greg Smith, 1p.

Q – HB 2967, written testimony, Kelly Peterson, 1p.

R – HB 2967, written testimony, Michelle Blake, 1p.

S - HB 2967, written testimony, Sally Mackler, 1p.

T – HB 2967, written testimony, Meg Miller, 2pp.

U – HB 2967, written testimony, by Sen. R. Beyer for Olivia N. Clark, 1p.

V – HB 2967, written testimony, William Montgomery, 1p.