HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

March 25, 2003   Hearing Room E

8:30 Tapes  41 - 42

 

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:            HB 2674 – Public Hearing and Work Session

                                                HB 2755 – Public Hearing

                                                HB 3176 – Work Session

                                                HB 2860 – Public Hearing

                                                HB 2912 – Public Hearing

                                                HB 3175 – Public Hearing

                                                HB 3120 – 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 41, A

003

Chair Garrard

Calls the meeting to order at 8:40 and opens a public hearing on        HB 2674.

HB 2674 – PUBLIC HEARING

020

Stephen Kafoury

Affirms dedication to the goals of land use planning. Gives overview of the issue of land use planning since 1973, and its benefits to the state.  

082

Mitch Rhose

Offers a broad overview as to why land use planning is important.  Submits (EXHIBIT A) in support of his testimony that land use planning is a win-win proposition, offering great returns for minimal regulation.   

231

Rep. Richardson

States concern about the connection between land use planning and the poor economy.

241

Rhose

Replies that there is no correlation between the poor economy and land use planning.

253

Rep. Richardson

Points out that rural Oregonians have a different perception and feel that urban Oregon doesn’t address the needs of rural Oregon. 

272

Rhose

Agrees with Rep. Richardson.

282

Rep. Greenlick

Asks how his general comments apply to HB 2674.

289

Rhose

States that this is a one-size fits all testimony and not specific to        HB 2674.

294

Kafoury

Addresses the perennial attempt to undercut land use planning and the reason they gave this one-size fits all testimony.

313

Rhose

Clarifies that there is a concern for piece-meal modifications which undermine land use planning.

322

Kafoury

Cites the mill citing bill as an example.

340

Chair Garrard

Closes the public hearing on HB 2674 and opens a work session on   HB 2674.

HB 2674 – WORK SESSION

344

Rep. Richardson

MOTION:  Moves HB  2674 to the floor with a DO PASS recommendation.

350

Rep. Doyle

Affirms support, but expresses a concern with the introduction of too many unfocused piece-meal bills. States the need for a coherent plan.

378

Chair Garrard

Addresses Rep. Doyle’s concern and the number of bills before the committee and concurs with Rep. Doyle.  Points out direction the committee will proceed.

425

Rep Ackerman

Notes agreement with Rep. Doyle’s concerns.  Points out that HB 2912 which will be heard later in the meeting would be a good vehicle for bringing up a cohesive all-inclusive land-use policy.

Tape 42, A

005

Rep. Rosenbaum

States that she will vote for HB 2674, but brings forth her concern with the limited testimony on the issue.

015

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

020

Rep. Garrard

MOTION:  Moves HB 2674 be placed on the CONSENT CALENDAR.

025

 

VOTE:  7-0

026

Chair

Hearing no objection, declares the motion CARRIED.

027

Chair Garrard

Closes the Work Session on HB 2674 and opens a public hearing on HB 2755.

HB 2755 – PUBLIC HEARING

030

Ray Kelly

Summarizes HB 2755.

042

Clif Kenagy

Submits (EXHIBIT B) and testifies in opposition to HB 2755, in order to support the real farmers as opposed to the hobby farmers.  States that the $80,000 rule is not a problem and that the problem is with the public perception of farming.

093

Mark Tipperman

States that he and his wife are in Oregon because of land use planning.  Testifies in opposition to HB 2755 in order to protect Oregon’s agricultural base.

138

Carrie MacLaren

1000 Friends of Oregon. Submits (EXHIBIT C) and testifies in opposition to HB 2755, stating that farm lands need to be protected for farmers.

200

Glen Stonebrink

Submits (EXHIBIT D) and testifies with support for HB 2755, in that the 80K rule is arbitrary and just benefits special interest groups. 

232

Don Schellenberg

Oregon Farm Bureau (OFB).  Submits (EXHIBIT E) and testifies in opposition to HB 2755.  States that passage of the bill would undermine statutory changes which protect farmland for farmers.

273

Peter Kenagy

Testifies that HB 2755 is an attack on farming and vehemently opposes the legislation. States that he wouldn’t be able to farm had it not been for SB 100. 

302

Peter Hainley

Community and Shelter Assistance Corp (CASA).  Submits (EXHIBIT F) and testifies in opposition to HB 2755, as it would undermine much work agreed to by a wide coalition during the 71st Legislative Assembly.

340

Lynn Partin

Farmworker Programs Representative.  Submits (Exhibit G) and testifies in opposition to HB 2755, as not to dismantle the previously attested to coalition.

355

Rep. Richardson

Asks about seasonal workers from the definition of accessory dwellings.

361

Partin

Addresses concerns relating to accessory dwellings.

364

Ron Eber

Submits (EXHIBIT H) and testifies with his concerns about HB 2755.  Opposes HB 2755 as written. 

431

Rep. Rosenbaum

Asks about the potential effect of removing the ambiguous language in the present statute.

TAPE 41, B

004

Eber

States the consequences which would lead to conflicts and undermine the farmland base.

014

Rep. Rosenbaum

Asks if LCDC would have a role to play in the process.

017

Eber

Replies that according to his reading, LCDC would be essentially rendered powerless.

020

Chair Garrard

Closes the public hearing on HB 2755 and opens a work session on  HB 3176.

HB 3176 – WORK SESSION

032

Ray Kelly

Summarizes the previous testimony on HB 3176.

032

Rep. Richardson

Summarizes Rep. Scott’s earlier testimony on HB 3176.

040

Jon Chandler

Restates the informational testimony on HB 3176.

062

Rep. Greenlick

MOTION:  Moves HB  3176 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Ways and Means by prior reference.

075

Rep. Doyle

States disagreement with moving the bill without recommendation.

083

Rep. Rosenbaum

States support for the motion.

105

 

VOTE:  5-2

AYE:               5 - Ackerman, Greenlick, Richardson, Rosenbaum, Zauner

NAY:               2 - Doyle, Garrard

110

Chair Garrard

The motion CARRIES.

118

Chair Garrard

Closes the work session on HB 3176 and opens a public hearing on            HB 2860.

HB 2860 – PUBLIC HEARING

122

Ray Kelly

Summarizes HB 2860.

125

Dave Riley

Testifies with strong support for HB 2860 in order to safeguard business opportunities and to allow local governments the opportunity to consider these projects on their own merits.

159

Don Schellenberg

OFB.  Submits (EXHIBIT I) and testifies against HB 2860 in that the requested authority stretches beyond urban growth boundaries. 

192

Glen Stonebrink

Speaks with support for HB 2860 and testifies that counties should be more involved in the decision-making processes.

214

Dave Hunnicutt

Oregonians In Action (OIA).  Testifies with support for HB 2860.  Offers background to the issues and exceptions involved.

333

Harlan Levy

Supports HB 2860 in order to achieve an exception and to remedy the situation.

340

Mike Collmeyer

Submits (EXHIBIT J) and testifies in strong opposition to HB 2860 as it would be harmful to the balance between conservation and development.

373

Ron Eber

Testifies in opposition to HB 2860 as it removes the statutory standard and changes the previous analyses. 

410

Rep. Ackerman

Asks the panel if the suitability factor is embodied in some administrative rule for the exception process.

431

Eber

Responds to the rules exceptions interpretation.

435

Rep. Ackerman

Restates previous question.

441

Eber

Clarifies the rules further.

TAPE 42, B

002

Rep. Ackerman

Requests the applicable rules be provided to the committee.

010

Chair Garrard

Closes the public hearing on HB 2860 and opens a public hearing on HB 2912.

HB 2912 – PUBLIC HEARING

012

Chair Garrard

Announces amendments to come forth.

015

Rep. Ackerman

Notes interest on behalf of the governor’s office and requests that      HB 2912 be put off until next Thursday in order to meet their schedule.

020

Chair

Closes the public hearing on HB 2912 and opens a public hearing on     HB 3175.

PH 3175 – PUBLIC HEARING

030

Ray Kelly

Summarizes HB 3175.

033

Rep. Knopp

Testifies in support of HB 3175 in order to achieve balance between  business and the environment.  States the intentions and effects of this bill.

094

Stephanie Hallock

Director, Department of Environmental Quality (DEQ).  Submits (EXHIBIT K) and testifies in favor of HB 3175.  Reaffirms Knopp’s testimony and stresses that this legislation is vital for revitalizing the Willamette River.

145

Katherine VanNatta

Northwest Pulp and Paper Association (NWPPA).  Supports the concepts of HB 3175 and asks for inclusion in any work group which might arise, as permit holders along the Willamette River.

188

Matt Blevins

Oregon Environmental Council (OEC).  Testifies in support of          HB 3175, in order to help clean up the Willamette River and other contaminated rivers in Oregon. 

260

Chair Garrard

Announces the formation of a work group, appointing Director Hallock as the chair. Directs the work group to report back to the committee on April 10.  Closes the  public hearing on HB 3175 and opens a public hearing on HB 3120.

The following prepared testimony is submitted for the record without public testimony for HB 3175.

 

Rhett Lawrence

Submits written testimony (EXHIBIT L).

HB 3120 – PUBLIC HEARING

275

Chair Garrard

Closes the public hearing on HB 3120 and adjourns the meeting at 10:26.

 

 

EXHIBIT SUMMARY

 

A – HB 2674, written testimony, Mitch Rhose, 2 pp.

B – HB 2755, written testimony, Clif Kenagy, 2 pp.

C – HB 2755, written testimony, Carrie MacLaren, 3 pp.

D – HB 2755, written testimony, Glen Stonebrink, 1 p.

E – HB 2755, written testimony, Don Schellenberg, 2 pp.

F – HB 2755, written testimony, Peter Hainley, 1 p.

G – HB 2755, written testimony, Lynn Partin, 1 p.

H – HB 2755, written testimony, Ron Eber, 8 pp.

I – HB 2860, written testimony, Don Schellenberg, 2 pp.

J – HB 2860, written testimony, Michael Collmeyer, 1 p.

K – HB 3175, written testimony, Stephanie Hallock, 3 pp.

L – HB 3175, written testimony, Rhett Lawrence, 1 p.