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.