HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

February 06, 2003   Hearing Room HR E

8:30 AM   Tapes  14-15

 

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

 

 

MEASURES HEARD:                     HB 2369 – Public Hearing

                                                HB 2208 – Public Hearing and 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 14, A

003

Chair Garrard

Calls the meeting to order and opens a public hearing on HB 2369.

HB 2369 – PUBLIC HEARING

009

Ray Kelly

Summarizes HB 2369. 

022

Rep. Tootie Smith

Submits (EXHIBIT A) and testifies in favor of HB 2369 in order to correct unfairness to land owners in asking LCDC to establish new standards for the $80,000 test.

052

Rep. Ackerman

Asks for clarification on the parcels lot size owned by the land owner.

061

Rep. Smith

Asserts that she is referring to the parcel owned by the owner.

066

Rep. Ackerman

Asks for a clarification of the capability and what it relates to.

070

Rep. Smith

States the intention to mean the capability to produce crops for the purpose of forestry.

075

Rep. Ackerman

Asks for a clarification of the meaning of the word adjacent.

078

Rep. Smith

Responds that the term is open to interpretation due to varying lot sizes.

084

Rep. Ackerman

Questions the meaning of agricultural activities.

088

Rep. Smith

Responds that it is not defined.

095

Rep. Ackerman

Asks if there is an amendment which would address the starter castle situation.

097

Rep. Smith

Responds that there isn’t and that she wouldn’t know how to address that issue. 

107

Rep. Richardson

Asks if this bill will actually solve the $80,000 rule issue.

112

Rep. Smith

Responds that this bill will not eliminate the $80,000 rule.  States that it just asks for considerations when the rule is applied.

120

Rep. Rosenbaum

Asks if Rep. Smith is seeking changes only in the high-value farm land.

129

Rep. Smith

Elaborates on the 80K$ rule in relation to the land owner. 

150

Chair Garrard

Recesses the hearing on HB 2369 opens a public hearing on HB 2208.

HB 2208 – PUBLIC HEARING

155

Michael Carrier

Director, Oregon Parks and Recreation.  Explains the -1 amendment (EXHIBIT J) to HB 2208 and testifies in favor of its passage. 

200

Chair Garrard

Closes the public hearing HB 2208 and opens a work session on

HB 2208.

HB 2208 – WORK SESSION

214

Rep. Zauner

MOTION:  Moves to ADOPT HB  2208-1 amendments dated 2/3/03.

215

 

VOTE:  7-0

217

Chair Garrard

Hearing no objection, declares the motion CARRIED.

224

Rep. Richardson

Requests clarification of the amendments to HB 2208 on lines 21-26. 

238

Carrier

Explains the striking of the exemption in the -1 amendment as a corrected mistake by Legislative Counsel.

264

Rep. Greenlick

Reaffirms that the strike is from the amendment, not the existing statute.

268

Rep. Zauner

MOTION:  Moves HB 2208 to the floor with a DO PASS AS

                    AMENDED recommendation.

270

 

VOTE:  7-0

272

Chair Garrard

Hearing no objection, declares the motion CARRIED.

REP. ROSENBAUM will lead discussion on the floor.

299

Chair Garrard

Closes the work session on HB 2208 and reopens a public hearing on

HB 2369.

HB 2369 – PUBLIC HEARING

320

Clif Kenagy

Submits (EXHIBIT B)  and testifies in opposition to HB 2369, due to the proliferation of conflicts it would bring to the agricultural community.  Gives examples of past and potential conflicts. 

TAPE 15, A

032

Kenagy

Continues anecdotal testimony in opposition of HB 2369.

065

Marcus Simantel

Retired farmer from Washington County submits (EXHIBIT C) and testifies in opposition to HB 2369 as he does not believe that it serves the rights of farmers, but rather impinges upon their rights.   

140

Rep. Greenlick

Asks Simantel to talk about how farmers have a tough time maintaining Washington County’s agricultural heritage. 

151

Simantel

Testifies as to the homes and speculators usurping prime farmland. 

176

Rep. Greenlick

Asks Simantel to elaborate on the problem of farm roads being converted into commuter roads. 

184

Simantel

Confirms that this is a major problem for the agricultural community.

199

Chad Johnson

Polk County property owner.  Testifies in support of HB 2369.  States that property rights will add to the taxes paid to support education.  Affirms his belief that the $80,000 rule is too stringent.

245

Glen Stonebrink

Speaks in favor of HB 2369 in order to spur business.  Testifies that land use laws don’t work.  States that we don’t have any more places that we can build. 

342

Harlan Levy

Submits (EXHIBIT D) in support of HB 2369.   States that the $80,000 rule discriminates against some farmers.  States that HB 2369 would address the inequity which does not enable farmers to build farm dwellings on their own land.

TAPE 14, B

012

Rep. Rosenbaum

Asks Levy to clarify his position on distinctions.

016

Levy

Reiterates that his position isn’t static, but that there should be some flexibility. 

022

Rep. Rosenbaum

Points out that her constituents have stated that the $80,000 rule isn’t perfect, but that a better solution has not come about.  Asks Levy if he knows of a more workable solution.

028

Levy

States his belief that the capability test would be the proper manner and would return the process to local control.

035

Rep. Greenlick

Gives his understanding for reasons of $80,000 rule.  Asks for Levy’s definition of a bonafide farmer.

044

Levy

Defines a farmer as one who contributes to the agricultural community, whether agriculture is their primary income or not.

057

Rep. Greenlick

States his understanding that the rule makes a distinction, that you must make $10,000 in profit, not just earn $10,000.

062

Levy

Agrees with Rep. Greenlick.  States his belief that the present law is elitist.

066

Rep. Greenlick

Asks if there’s a provision which states that all of one’s income must be from farming.

068

Levy

Responds that there is not.

070

Rep. Zauner

Asks for clarification as to where most of the high-value farmland falls, geographically.

079

Levy

Answers that most of the high-value farmland is in the Willamette Valley and north of Eugene.

083

Rep. Ackerman

Asks Levy to clarify the language of capability in the amendment.

089

Levy

Clarifies what capability means to the law.

090

Rep. Ackerman

Asks how we measure capability.

095

Levy

States that land use consultants do analyses on the land.

102

Rep. Ackerman

Expresses his concern with the measurements and their interpretation.

106

Levy

Responds that a commissioner would decide based on the available information.

112

Chair Garrard

Asks for the average income figure for the 11,000,000 acres of non high-value farmland. 

117

Levy

States that he really doesn’t know.

125

Don Schellenberg

Introduces (EXHIBIT E) in opposition to HB 2369.  Gives an overview of the predecessors to this bill introduced during the last session.  Testifies that the changes made over the last two years have adequately addressed the iniquities, thus HB 2369 is not justified. 

224

Rep. Doyle

Asks why these changes should not be codified.

227

Schellenberg

States that he would support a legislation codifying these laws, but that

HB 2369 does not do that.

234

Rep. Ackerman

Asks about the rule changes in relation to the Administrative Procedures Act.

244

Schellenberg

Responds to those changes.

250

Rep. Rosenbaum

Asks Schellenberg how the distinction between high and low-value farmland has benefited agriculture in the state..

259

Schellenberg

Refers to previous testimony regarding the difference between high and low value farmland.  Readdresses the concerns of disappearing farm land, a la California. 

298

Chair Garrard

Gives personal testimony about Klamath Falls farmers not being able to get water.  Points out that the land which was once considered high-value, is no longer so, due to the inability to obtain an adequate water supply.

310

Schellenberg

Concurs with Chair Garrard. 

339

Dave Hunnicutt

Responds to Rep. Rosenbaum on the difference between high and low-value farm land.  Testifies that the problem is that we have is in the distinction between what is farm land and what is not.

TAPE 15, B

018

Hunnicutt

Continues testimony.  Reiterates that Oregon is the only state in the union with income guidelines.  

026

Art Schlack

Association of Working Counties.  Testifies in support of HB 2369.  Suggests that it is an important time to reevaluate laws pertaining to this issue. 

076

Carrie MacLaren

Staff attorney, 1000 Friends of Oregon.  Submits (EXHIBIT F) in opposition to HB 2369.  Cites farm dwellings, use, and income in support of her testimony.  Concludes that additional rural residential development on Oregon’s farmland will compromise agricultural land.

188

Randy Tucker

Responds to earlier concerns by stating that farming brings more benefits than costs to Oregon.  Reiterates that the present method is not perfect, but that it is the best system we have.

240

Rep. Ackerman

Asks what class of farms are affected by this legislation.

258

MacLaren

Responds to the uniqueness of Oregon farms in relation to class.

263

Rep. Ackerman

Asks about the new LCDC rules about aggregate incomes.

265

MacLaren

Responds to the changes made by LCDC and the rationale for these changes.

286

Chair Garrard

Asks how the bill is interpreted for dwellings other than homes.      

305

MacLaren

States that agricultural dwellings are not affected. 

322

Chair Garrard

Observes that dwellings are acceptable for horses but not for people.

326

MacLaren

Clarifies the current law as it relates to farm dwellings.

331

Chair Garrard

States his concern that we’re denying people the right to inhabit a home in order to farm.

342

MacLaren

Reaffirms the involved criteria.

353

Chair Garrard

Reasserts what he considers to be a duplicitous standard.

356

Tucker

Responds that horses don’t cause the kinds of problems that people do.  Farm operations is the key here as opposed to dwellings.

The following prepared testimony has been submitted for the record without public testimony for HB 2369.

 

Carrie MacLaren

Submits the written testimony of Mike McCarthy (EXHIBIT G).

 

Stephen Bosak

Submits (EXHIBIT H).

 

Ted Lorensen

Submits (EXHIBIT I).

400

Chair Garrard

Adjourns the meeting at 10:29 AM

 

EXHIBIT SUMMARY

 

A – HB 2369, written testimony, Rep. Tootie Smith, 1 p.

B – HB 2369, written testimony, Clif Kenagy, 2 pp.

C – HB 2369, written testimony, Marcus Simantel, 2 pp.

D – HB 2369, written testimony, Harlan Levy, 1 p.

E – HB 2369, written testimony, Don Schellenberg, 2 pp.

F – HB 2369, written testimony, Carrie MacLaren, 4 pp.

G – HB 2369, written testimony of Mike McCarthy, Carrie MacLaren, 1 p.

H – HB 2369, written testimony, Stephen Bosak, 1 p.

I – HB 2369, written testimony, Ted Lorensen, 3 pp.

 

The following exhibit is listed out of order in the body of the tape log:

 

J – HB 2208, -1 amendments, Michael Carrier, 1 p.