HOUSE COMMITTEE ON

 ENVIRONMENT AND LAND USE

 

 

January 16, 2003   Hearing Room E

8:30 AM    Tapes  1 – 3

 

 

MEMBERS PRESENT:            Rep. Bill Garrard, Chair

                                                Rep. Dennis Richardson, Vice-Chair

Rep. Cliff Zauner, Vice-Chair

Rep. Robert Ackerman

Rep. Dan Doyle

Rep. Mitch Greenlick

Rep. Diane Rosenbaum

 

STAFF PRESENT:                  Ray Kelly, Committee Administrator

David Peffley, Committee Assistant

 

ISSUES HEARD:                     Organizational Meeting

                                                         Adoption of Committee Rules

                                                     Informational Meeting

                                                         Invited Testimony:

                                                            Michael Carrier, Oregon Parks and Recreation

                                                            Jon Chandler, Legislative Advocates, Inc.

                                                            Ross Day, Oregonians In Action

                                                            Randy Tucker, 1000 Friends of Oregon

                                                            Lauri Aunan, Department of Environmental Quality (DEQ)

 

 

 

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 1, A

005

Chair Garrard

Calls the meeting to order at 8:30 a.m. and opens the organizational meeting.

ORGANIZATIONAL MEETING

010

Chair Garrard

Presents proposed committee rules.

013

Chair Garrard

MOTION:  Moves to ADOPT the proposed Committee Rules.

014

Chair Garrard

VOTE:  5-0

EXCUSED:  2 - Zauner, Doyle

020

Chair Garrard

Hearing no objection, declares the motion CARRIED.

020

Chair Garrard

Closes the organizational meeting and opens the informational meeting. 

INFORMATIONAL MEETING

029

Chair Garrard

Invites committee members to introduce themselves.

035

Rep. Rosenbaum

HD 42. States a willingness to learn and work with the committee. Affirms that her constituents care a great deal about environmental quality.

046

Rep. Greenlick

HD 33.  States that he is honored to be on the committee and that land use issues are critical to his constituency which contains both rural and urban elements. 

055

Vice-Chair Richardson

HD 4.  Represents rural southern Oregon, which maintains farming, fishing, and forestry as primary concerns.

063

Vice-Chair Zauner

HD 22. States that Woodburn has some land use issues to deal with.

074

Rep. Ackerman

HD 13. States that he is serving his sophomore term in the legislature and is a practicing attorney.

098

Chair Garrard

Introduces Rep. Doyle, HD 19.

101

Chair Garrard

Reviews invited testimony.  Introduces committee staff.

116

Chair Garrard

Invites witnesses to sign in and recesses briefly.

163

Michael Carrier

Parks and Recreation Director.  Submits (EXHIBIT B) and discusses annual report. 

204

Carrier

Introduces six legislative concepts (EXHIBIT C).

222

Carrier

States that Parks and Recreation will introduce three bills which deal with Oregon’s Pioneer Cemetery Program.

268

Rep. Ackerman

Questions the allocation of lottery funds and whether Parks and Recreation is solely responsible for the allocation of those funds.

273

Carrier

Responds that those funds are appropriated to the agency.

278

Rep. Ackerman

Asks how those funds are allocated.

283

Carrier

Explains how Measure 66 funds are allocated.

330

Vice-Chair Zauner

Questions enforcement of penalties of HB 2206.  Asks what the difference is between Class A and C misdemeanors.

340

Carrier

Apologizes that he is not sure about the specifics.

350

Rep. Ackerman

Makes an educated guess at the difference between Class A and Class C misdemeanors.

358

Carrier

States that he will do a follow-up.

382

Vice-Chair Zauner

Asks Mr. Carrier why Parks and Recreation wants to eliminate fees.

384

Carrier

Responds that fee waivers can reward employees or support local programs.

393

Rep. Greenlick

Asks for a formal definition of what a park is.

406

Carrier

Responds that statutes do not define a park.  A park is commonly thought of as any place for public recreation.

419

Rep. Greenlick

Asks how you know when you have a state park as opposed to a piece of nice green space for recreation.

433

Carrier

Responds that Administrative Rules set the designations.

TAPE 2, A

009

Rep. Greenlick

Asks what the difference is between a “state natural area” and a park.

017

Carrier

Responds that the difference is based on the level of development, the nature of the use, and the inherent natural qualities of the area; such as old growth forest.

022

Rep. Greenlick

Asks if state parks have mixed uses or if they are used specifically for recreation. 

025

Carrier

Answers that there is no private development within parks.

028

Rep. Greenlick

Asks whether natural resource areas have other uses.

029

Carrier

Responds that there is very little development within parks, perhaps a bathroom or trails.

033

Vice-Chair Zauner

Asks whether Parks and Recreation offers concessions.

037

Carrier

Answers that they do offer some concessions and are presently bidding to do more. 

053

Rep. Rosenbaum

Asks about the funding and maintenance of Pioneer Cemetery and whether or not the problem has been resolved.

055

Carrier

Responds that a portion of it is secure and that they are asking for small grants to enhance and protect the Pioneer Cemetery.

064

Rep. Rosenbaum

Asks if the only General Fund money is for one part-time staffer

065

Carrier

Responds that the program operates without General Fund money;  the project is funded with Measure 66 dollars.

080

Jon Chandler

Legislative Advocates, Inc. States that land use planning is good for business, communities, and the state. Gives an overview of land use planning since 1973. Introduces bills of concern.

160

Chandler

Introduces principles inherent in these bills.

277

Rep. Greenlick

Asks what proposals will come forth regarding the short-term supply of industrial lands.

283

Chandler

Responds that issues regarding zoning, infrastructure, and planning will be brought forth.

319

Rep. Greenlick

Asks about the problems on industrial sites and commercial uses of sites.

331

Chandler

Responds that zoning jurisdiction needs to be looked at.

375

Rep. Ackerman

Expresses concern about the revisit of Measure 7 and the thwarting of development. 

TAPE 1, B

005

Ross Day

Director of Legal Affairs for Oregonians in Action (OIA).  Reviews his background as an attorney and appointee to the State Capitol Planning Commission. 

071

Day

Discusses OIA’s agenda, including the sale of property and zoning. 

098

Vice-Chair Zauner

States constituents’ concerns with the layers of bureaucracy.

108

Day

Responds that the elimination of duplication and triplication of jurisdiction is necessary.

170

Randy Tucker

1000 Friends of Oregon.  Provides an overview of 1000 Friends of Oregon. Submits (EXHIBIT D)1000 Friends newsletter, which chronicles the successes of land use policy.  Asserts the need to revisit statutes.

256

Tucker

Discusses Governor Atiyeh’s task-force which determined that land use laws did not hinder economic development.  States a willingness to work with the governor’s office and this committee to come to a fair solution.

341

Tucker

Continues testimony and states a desire to cooperate with Oregon Realtors and other groups in coming to a solution.

TAPE 2, B

017

Rep. Richardson

Inquires whether availability to appeal by those adversely affected should have limitations.

022

Tucker

Responds that the process should be open to more people, not less. 

040

Rep. Greenlick

Asks what kind of legislation can be expected from 1000 Friends.

048

Tucker

Responds that 1000 Friends will not be introducing new legislation, but coalitions will address this issue.

075

Rep Greenlick

Asks what positions 1000 Friends has on schools and urban growth boundaries. 

079

Tucker

Responds that he hopes the issue has been resolved as they compromised on a bill last session which addressed the issue.  Reiterates 1000 Friends’ solution-oriented approach.

115

Lauri Aunan

Department of Environmental Quality.  Testifies and submits written materials.  (EXHIBIT E), (EXHIBIT F), and (EXHIBIT G). 

171

Aunan

States three main principles of DEQ

  • enhance ability of businesses to locate and thrive in Oregon
  • maintain environmental protections which have helped to with clean air and water
  • desire to enforce regulations at the state, not the federal level. 

223

Aunan

SB 196 (EXHIBIT F)  is important to implement hazardous waste disposal.

234

Aunan

SB 197 (EXHIBIT G), a bill of concern to DEQ.

247

Rep. Richardson

Questions who makes decisions regarding civil penalties.

251

Aunan

Responds by referring to a chain of referrals and stating that DEQ’s main goal is  compliance with regulations.

278

Rep. Richardson

Questions whether a shift of civil penalties from the General Fund to technical assistance would cause more civil penalties to be inflicted on the public.

280

Aunan

Responds that a strict policy on penalties would still be enforced, but Rep. Richardson’s concern is justified.

294

Vice-Chair Zauner

Asks why all the assessed fines are not collected. 

302

Aunan

Explains why.  Wants to assure that egregious violations are collected.

315

Vice-Chair Zauner

Inquires why the DEQ does not collect the fines, themselves.

322

Aunan

Answers DEQ does the follow up.

330

Rep. Greenlick

Asks for input on Governor Kitzhaber’s plan to reduce toxins into the water system.

346

Aunan

Describes the plan to reduce toxins such as mercury. 

375

Rep. Greenlick

Asks if DEQ is thinking about providing some education?

385

Aunan

Responds that education is absolutely the best approach and that DEQ is presently working with other agencies.

408

Rep. Greenlick

Asks about water supply management bills.

414

Aunan

Responds that it is in the jurisdiction of Oregon Health Services.

428

Rep. Ackerman

Asks if there is a process by which they can be docketed as judgments.

434

Aunan

Responds that she does not understand the legal issues involved and will follow up.

TAPE 3, A

014

Chair Garrard

States that testimony will continue on Tuesday and apologizes to witnesses who didn’t get a chance to testify.

026

Chair Garrard

Adjourns meeting at 10:30 AM.

 

 

EXHIBIT SUMMARY

 

A – Committee rules, staff, 3 pp

B – Informational, Biennial Report, Michael Carrier, 13 pp

C – Informational, Legislative Concepts,  Carrier, 1 p

D – Informational, Oregon packet, Randy Tucker, (oversized – see archives)

E – Informational, Quality Fact Sheet, Lauri Aunan, 1 p

F – Informational, Senate Bill 196 Fact Sheet, Lauri Aunan, 1 p

G – Informational, Senate Bill 197 Fact Sheet, Lauri Aunan, 1 p