HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

March 13, 2003   Hearing Room HR E

8:30 AM Tapes  35 - 36

 

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 2545 – Public Hearing and Work Session

                                                HM 1 – Public Hearing

 

 

 

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 35, A

003

Chair Garrard

Calls the meeting to order at 8:40 A.M. and opens a public hearing on HB 2545.

HB 2545 – PUBLIC HEARING

010

Chair Garrard

Announces the -1 amendments to HB 2545 (EXHIBIT A).

015

Harlan Levy

Oregon Association of Realtors (OAR).  Submits (EXHIBIT B) and introduces HB 2545.  Speaks in favor of adopting the –1 amendments, thus dropping the Department of Veteran Affairs  from the present statute.

062

Rep. Greenlick

Speaks to mineral rights and asks Levy if he would be amenable to an amendment addressing an unusual case.

079

Levy

Speaks to the mineral rights provision and states that the likelihood of any transgression occurring is very minimal, but agrees that he would be amenable to such an amendment.

090

Rep. Greenlick

Asks for confirmation of the issues inherent in such an amendment.

095

Levy

Confirms that that type of amendment would be acceptable and states that OAR has no intention to take from the state.

102

Jim Hall

Submits (EXHIBIT C) and (EXHIBIT D) in support of HB 2545 and offers his personal anecdote detailing problems with the Division of State Lands (DSL) with regard to mineral rights.

224

John Totten

Oregon Appraisal Institute.  Recommends the passage of HB 2545 as the Oregon lands subject to this bill have no mineral value.  Asserts that there is little fiscal impact if any in this bill and that it solves a myriad of problems.

349

Rep. Greenlick

Asks a theoretical question regarding mineral rights and the church appraisal.

356

Totten

States the effect under the hypothetical situation.

363

Rep. Greenlick

Asks Totten to affirm the fair market value and what it includes.

370

Totten

Affirms the bases for market value in this case.

384

Cory Neu

Submits (EXHIBIT E) and testifies in favor of HB 2545 in that no state agency should benefit at the expense of Oregon consumers.

TAPE 36, A

003

Steve Purchase

Assistant Director for Field Operations, Division of State Lands (DSL). Submits (EXHIBIT F) and testifies in opposition to HB 2545.  Addresses the -2 amendments.

041

Rep. Doyle

Asks if this issue relating to mineral rights is new.

043

Purchase

States that it is not, and that mineral rights have been an issue since statehood.

055

Rep. Doyle

Asks why it has taken such a long time to work out the issue.

058

Purchase

Notes the process, which they are presently trying to streamline.

066

Rep. Doyle

Expresses consternation that it has taken so many years to deal with this issue.

071

Rep. Richardson

Asks for the figure charged for appraisal.

075

Purchase

Addresses the appraisal process and the reasons for the costs.

085

Rep. Richardson

Confirms DSL’s appraisal process and its effects on the land owner. Asks if it would be better to relieve DSL from this process.

099

Purchase

Agrees with Rep. Richardson.  Cites State Attorney General’s report and speaks to concerns with the process.

104

Rep. Richardson

Asks Purchase how he would right the administrative rule.

106

Purchase

Responds with DSL’s plan and notes that those changes have already been submitted to OAR.

131

Rep. Richardson

States that this might be a good chance to lessen some of the complexities in the system. 

144

Rep. Rosenbaum

Asks Purchase’s opinion about the Realtors’ opinion of the inability to mine on these properties.

157

Purchase

Explains mineral rights in light of the fact that we are not a mineral-rich state.

184

Rep. Rosenbaum

Asks why rights would be waived. 

192

Purchase

Asserts that DSL is concerned with that issue.

200

Rep. Rosenbaum

Asks if DSL is involved with the Department of Veteran’s Affairs.

205

Purchase

Speaks to the jurisdictions of DSL and the Department of Veteran’s Affairs and the services they provide.

224

Chair Garrard

Notes that this bill deals with land of less than three acres and asks if it would even be possible to mine on such land.

234

Purchase

Affirms that it would not.

238

Chair Garrard

Asserts that this is an additional reason why HB 2545 is a good idea.

241

Purchase

Agrees with Chair Garrard.  Adds that there might be some varying circumstances, however which warrant further study.

255

Rep. Zauner

Asks about the process for administrative rule-making.

260

Purchase

Asserts that the public is heavily involved and review is important in the process.

276

Rep. Ackerman

States concern as to administrative rules. 

286

Purchase

Informs as to criteria contained in the administrative rules.

301

Rep. Ackerman

Confirms his reading of the meaning of parcel with regard to mineral rights.  

305

Purchase

States DSL’s definition of isolated and states their position.

315

Charles Gehley

Administrator of DAS Veteran Services.  States support for the             -1 amendments removing Veteran Services from the process.

334

Chair Garrard

Closes the public hearing on HB 2545 and opens a work session on  HB 2545.

HB 2545 – WORK SESSION

341

Rep. Zauner

MOTION:  Moves to ADOPT HB 2545-1 amendments dated 3/12/03.

344

 

VOTE:  7-0

346

Chair Garrard

Hearing no objection, declares the motion CARRIED.

350

Rep. Zauner

MOTION:  Moves HB  2545A to the floor with a DO PASS AS AMENDED recommendation.

360

 

VOTE:  7-0

366

Chair Garrard

Hearing no objection, declares the motion CARRIED.

HM 1 - PUBLIC HEARING

380

Sue Kupillas

Jackson County Commissioner.  Speaks in favor of HM 1.

395

Rep. Richardson

Testifies on the behalf of HM 1 in order to complete the construction of Elk Creek Dam.

TAPE 35, B

011

Kupillas

Gives background regarding the Elk Creek Dam and its importance in the area, which is especially important in times of drought.

025

Rep. Richardson

Introduces 11-minute video promoting the completion of the Elk Creek Dam, as critical to Jackson County.

165

Kupillas

Speaks to Rick Holt’s role in the video and propagation in DC.

180

Chair Garrard

Asks why the Corp of Engineers originally halted the building of the dam.

190

Kupillas

Replies that a law suit brought forth by Oregon Natural Resources Council derailed the project.

200

Chair Garrard

Asks Kupillas if the Environmental Impact Statement concerns are being addressed.

202

Kupillas

Responds that they are.

205

Rep. Richardson

Announces that this bill needs one amendment to the bill and urges passage of HM 1.

222

Chair

Asks how long he needs for the amendment to come forth.

230

Rep Richardson

States that the amendment should be able to be completed by Tuesday.

235

Jim Welsh

Oregon State Grange.  Speaks in favor in HM 1 as it provides comprehensive multiple-use benefits.

268

Chair Garrard

Closes the public hearing on HM 1.  Announces that HB 2431, the wetland bills will be moved to the water committee and adjourns the meeting at 9:59.

 

 

 

EXHIBIT SUMMARY

 

A – HB 2545, -1 amendments, staff, 1 p.

B – HB 2545, written testimony, Harlan Levy, 7 pp.

C – HB 2545, written testimony, Jim Hall, 2 pp.

D – HB 2545, written materials, Jim Hall, 2 pp.

E – HB 2545, written testimony, Cory Neu, 1 p.

F – HB 2545, written testimony, Steve Purchase, 2 pp.