HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

February 27, 2003   Hearing Room  E

8:30 AM   Tapes  27-28

 

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

 

 

MEASURE/ISSUES HEARD:            Informational Hearing

                                                           Invited Testimony:

                                                               Nan Evans

                                                               Randy Franke

                                                LC 1479 – Work Session

                                                HJR 17 – 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 27, A

003

Chair Garrard

Calls the meeting to order at 8:41 and opens an informational meeting.  Welcomes Nan Evans and Randy Franke. 

INFORMATIONAL MEETING

017

Nan Evans

Interim Director, Department of Land Conservation and Development.  Defers to her commission chair, Randy Franke. 

021

Randy Franke

Chair, Land Conservation and Development Commission (LCDC). Introduces Vice-Chair, John Van Landingham. Offers a look ahead and point out the direction that LCDC will be taking.  Asserts that LCDC can help move Oregon’s economy forward.  

102

Evans

Offers the perspective of the current mission of LCDC.  States that the sets of problems today are different than those in 1973, but reaffirms that they are still vital to our economy. 

137

Rep. Doyle

Asks Evans to elaborate on the changing of the issues since the 1970’s.

140

Evans

Summarizes her background working with coastal issues.  States that growth, development and commercial issues are different today.  Addresses the budgetary problems of the 72nd Legislative Session.  Notes that the realities of the budget problems require different and creative solutions. 

181

Rep. Doyle

Asks Franke how LCDC is trying to reconcile development demands and land policy. 

192

Franke

Cites the example of Portland Metro in dealing with the diverse needs of different areas and developing a regional analysis.  Also cites the governor’s initiative looking at the implementation of efficient land use rules.  Offers areas in which the department can improve.

275

Rep. Greenlick

Asks if the goals originally addressed by SB 100 are the same or in need of updating. 

294

Franke

States that the original goals were visionary and are still applicable.  Mentions that the methods of execution of those goals have changed.  Cites priorities in 1973 and how they have changed.  States that land use has protected forestry over the past three decades.   Addresses issues relating to industrial land zoning and urban growth boundaries.

TAPE 28, A

002

Evans

Addresses the Nineteen Land Use Planning Goals and the methods for implementing these goals. 

011

Rep. Richardson

Asks Franke how LCDC is balancing rural with urban concerns.

016

Franke

States that LCDC is having meetings and investigating rural areas, in order to become more informed on the issues concerning rural Oregon. 

051

John Van Landingham

Informs the committee that rural Oregonians have expressed gratitude to the field staff.

057

Rep. Richardson

Asks Evans how LCDC can improve their perception by rural Oregonians. 

061

Evans

Addresses Rep. Richardson’s concern.  States that they do have people in the field and would like to expand. 

072

Rep. Richardson

Asserts that there is a perception in Southern Oregon that LCDC is not concerned with their issues and that they are very dictatorial and unresponsive.  Asks about the regionalization of the department.

091

Evans

Responds that regionalization is important.  Addresses Rep. Richardson’s concerns and a potential task force to carry out reforms.  Also raises concerns about cost-effectiveness given limited resources.

111

Franke

Follows up that LCDC has been moving toward regionalize within the department in recent years.  Confirms a desire to serve rural Oregonians’ interests best. 

126

Rep. Zauner

Addresses Woodburn’s problems with the urban growth boundaries vis-à-vis expansion.  Asks what the next step is. 

138

Franke

States that he is aware of the situation, but that he is not too sure about the details.

157

Rep. Zauner

Asks who the City of Woodburn can follow up with.

160

Evans

States that she’ll get back with Rep. Zauner.

166

Rep. Rosenbaum

Reference committee issues related to Measure 7 and asks if LCDC takes positions on issues such as these. 

172

Franke

Notes that Measure 7 has been something which has been considered and states that LCDC does take positions on issues. 

200

Rep. Rosenbaum

Follows up that LCDC could certainly help to educate this committee on some of these issues.

206

Franke

Points out that Ron Eber and Bob Rendy hope to help with the education and clarification of these issues. 

221

Chair Garrard

Asks Franke to explain the make-up of the commission. 

227

Franke

Discusses the make-up and jurisdiction of the seven member committee.  Emphasizes that LCDC attempts to maintain a balance in representation. 

273

Chair Garrard

Asks how often the committee meets and how business is conducted. 

278

Franke

Responds that the committee meets once every six weeks.  Addresses public hearings and other orders of business.

296

Van Landingham

Adds information about the appeals process and LUBA’s hand in the process. 

302

Chair Garrard

Asks the circumstances of the past director’s departure from LCDC. 

334

Franke

Readdresses the mission of LCDC.  Notes that he can not address all of the circumstances about the leaving of the director due to  legal reasons.

364

Van  Landingham

Notes that the director was not fired, but left on his own accord.  Adds though, that the director did lose the confidence of some staff members.

398

Chair Garrard

Asks why LCDC historically does not have a great rapport with the Legislature.

405

Van Landingham

States that he hasn’t been with the department long enough to address the disagreements.

411

Franke

Adds his understanding to the historical conflict.

TAPE 27, B

002

Chair Garrard

Asks what the committee can do to enhance the relationship between the legislature and LCDC. 

006

Franke

Responds that communication is very important to good relations.  Affirms that LCDC will be honest and open.

014

Evans

Addresses Chair Garrard’s concerns regarding rule-making and the involved, open, and deliberate process. 

040

Chair Garrard

Closes the informational meeting and opens a work session on                 LC 1479.

LC 1479 – WORK SESSION

055

Rep. Greenlick

MOTION:  Moves LC 1479 BE INTRODUCED as a committee bill.

063

 

VOTE:  7-0

065

Chair Garrard

Hearing no objection, declares the motion CARRIED.

066

Chair Garrard

Closes the work session on LC 1479 and opens a public hearing on HJR 17. 

HJR 17 – PUBLIC HEARING

071

Ray Kelly

Summarizes HJR 17 and addresses the fiscal impact. 

083

Bob Rindy

DLCD. Submits (EXHIBIT A), and provides informational testimony on the issue of regionalization of land use planning.  Speaks to the present difference in the treatment of urban and rural areas.  States concern that the focus of this task force could be too narrow.

210

Rep. Ackerman

References regional problem solving techniques in Rindy’s testimony and asks if he is referring to those found in ORS 197.652.

217

Rindy

Replies that he is.

218

Rep. Ackerman

Asks if a task force is an effective way to address regional problem solving.

226

Rindy

Responds to the need for regional planning, but that it requires regional funding.

246

Rep. Ackerman

Asks about the financial prudentiality of the plan for regionalization. 

256

Rindy

States that the regional problem solving project would certainly add to the budget.  States belief that LCDC addressing the issue might be more cost-effective.

282

Rep. Ackerman

Expresses his concerns as to the viability and cost-effectiveness of  HJR 17. 

300

Rindy

Speaks to the broad vision which HJR 17 seeks to address. 

314

Rep. Ackerman

States that it does seem consistent with the regionalization concept of land use planning. Believes that collaborative regional problem solving would be a better vehicle than a task force.  Introduces  ORS 197.652 (EXHIBIT B) into the records.

348

Jon Chandler

Speaks to the regionalization of the system and it’s feasibilities.  Offers neutral testimony, although he doesn’t believe that this legislation will be very effective.  States that the issue should perhaps be revisited.

TAPE 28, B

003

Randy Tucker

1000 Friends of Oregon.  Submits (EXHIBIT C) and testifies that regional differences are already recognized, thus HJR 17 is rendered unnecessary.   Reemphasizes that 1000 Friends support regional differences and that this issue could use another look, but that HJR 17 is not necessary. 

070

Don Schellenberg

Oregon Farm Bureau (OFB).  States neutrality on this bill.  Offers that OFB has concerns regarding funding in the implementation of HJR 17.  Also states that maybe perhaps this issue should be readdressed.

091

Harlan Levy

Oregon Realtors Association (ORA).  States that ORA has concerns about the perception of the one size fits all approach of LCDC.  Asserts that HJR 17 would assuage some of these concerns. 

124

Chair Garrard

Asks how many cities in Oregon have populations greater than 25,000.

130

Levy

States that he is uncertain.  Guesses that there are about twenty.

131

Tucker

Asserts that there are about twelve to sixteen.

132

Rep. Rosenbaum

Asks Chandler if the task force which he is drafting is in the form of a bill.

138

Chandler

States that it is an Legislative Concept.

141

Rep. Rosenbaum

Notes that that this bill is a joint resolution and an unusual way to address this issue.  Expresses concern in bypassing the governor.

145

Tucker

States that the governor has expressed interest in Chandler’s legislation.

151

Chair Garrard

Closes the public hearing and opens a work session on HJR 17.

HJR 17 – WORK SESSION

153

Rep. Zauner

MOTION:  Moves HJR 17 be sent to the floor with a DO PASS recommendation.

155

Rep. Ackerman

States that in light of the fact that Oregon is financially insolvent, the committee should oppose any bill with additional expenditures.  Asserts that this is merely duplication since we already have a regional planning process on record. 

193

Rep. Rosenbaum

Expresses surprise that the committee is moving HJR 17.  Reasserts opposition that this legislation will bypass the governor.  Opposes this legislation but believes that some elements should be used as the basis for another bill.  Also cites the current budget crisis.

214

Rep. Doyle

States the urban versus rural differences and that this bill reflects rural frustrations.  States that the fiscal impact is a legislative expense,  which would not impact the budget.  Affirms that he will vote aye.

253

Rep. Richardson

States that this bill will help with a public perception of the rural-urban divide.  Affirms support for this legislation.

287

Chair Garrard

Requests Rep. Zauner to amend his motion to “be adopted” rather than “do pass.”

290

Rep. Zauner

MOTION:  Moves HJR  17 be sent to the floor with a BE ADOPTED recommendation.

294

 

VOTE:  4-3

AYE:            4 - Rep. Doyle, Rep. Zauner, Rep. Richardson, Chair Garrard

NAY:            3 - Rep. Rosenbaum, Rep. Ackerman, Rep. Greenlick

298

Chair Garrard

The motion Carries.

REP. GREG SMITH will lead discussion on the floor.

300

Chair Garrard

Adjourns the meeting at 10:30 AM.

 

 

 

EXHIBIT SUMMARY

 

A – HJR 17, written materials, Bob Rindy, 2 pp.

B -  HJR 17, written materials, Representative Robert Ackerman, 2 pp.

C – HJR 17, written materials, Randy Tucker, 2 pp.