HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

March 27, 2003   Hearing Room HR E

8:30 AM Tapes  43 - 44

 

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 2909 – Public Hearing

                                                HB 3016 – Public Hearing

                                                HB 3302 – 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 43, A

004

Chair Garrard

Calls the meeting to order at 8:41 and opens a public hearing on         HB 2909.

HB 2909 - PUBLIC HEARING

010

Chair Garrard

Delays the hearing on HB 2909 in order to give the proponents more time.  Closes the public hearing on HB 2909 and opens a public hearing on HB 3016.

HB 3016 – PUBLIC HEARING

023

Ross Day

Oregonians In Action (OIA).  Testifies in favor of HB 3016 and notes that it will not lead to incidences of urban sprawl.

055

Rep. Zauner

Asks if DEQ would still have oversight authority.

058

Day

Affirms that is correct.

065

Rep. Richardson

Discusses technological advances in septic systems.

076

Chair Garrard

Cites Klamath Falls as an example and asks how this concept would work with a sewer system.

085

Day

Replies that it might work, but that DEQ approval would still be required.

090

Chair Garrard

Asks if there is a minimum amount of sewers needed to form a district. 

093

Day

States that he doesn’t know.

097

Rep. Greenlick

Questions Day’s assertion that this applies only in existing dwellings.

101

Day

Clarifies that it applies only to any lawfully-cited dwellings and thus does not change current citing requirements.

113

Rep. Greenlick

Asks for a clarification on the economic effect of sewer systems.

121

Day

Disagrees with a broad interpretation of the measure.  States that the bill is not meant to crop sewer systems unless it’s practical.

137

Chair Garrard

Addresses the costs of installing sewer systems in rural areas.

155

Day

Agrees with the Chair in his cost assessment.

157

Rep. Ackerman

Asks about municipalities’ authority to extend sewer boundaries outside of their city boundaries.

168

Day

Agrees with Rep. Ackerman that such authority is intended.

175

Rep. Ackerman

Rephrases the question about the possibility of a municipality extending services beyond it’s boundaries.

186

Day

Acknowledges that possibility.

188

Rep. Ackerman

Clarifies the onus of responsibility for bearing the costs.

189

Day

Agrees.

190

Rep. Ackerman

Asks whether an unincorporated community would have the same rights.

196

Day

Defines unincorporated community and notes that it is recognized.

202

Rep. Ackerman

States uncertainty of such a community being able to impose regulations.

206

Day

States that he will get back with the committee with an answer.

208

Rep. Ackerman

States that the authority for a community to extend its sewer system is already provided for in the statute.

225

Chair Garrard

Agrees with Rep. Ackerman’s reading of the bill.

229

Rep. Ackerman

Addresses improvement districts and the appeals process.

237

Bob Rindy

LCDC.  Addresses Goal 11 as it relates to HB 3016.  Discusses the nature of urban growth boundaries and what they mean if sewer systems are built outside those boundaries.  

380

Chair Garrard

Addresses Rindy’s point regarding future maintenance as it relates to the Klamath basin.

390

Rindy

Concludes testimony and notes that Section 2 is already law.

404

Rep. Richardson

Asks Rindy to address failed septic systems and their contribution to pollution problems.

418

Rindy

States that he doesn’t have extensive knowledge in this area, but refers to Goal 11.

437

Rep. Richardson

States concern about the potential failure of a sewer system. Asks about maintenance agreements which might help solve this problem.

TAPE 44, A

004

Rindy

Replies that he’s not sure, but thinks that they happen. 

012

Chair Garrard

Mentions that they would like to hear DEQ’s input into this issue.

016

Rep. Zauner

Asks if Rindy has faith that DEQ will do this job correctly.

022

Rindy

Replies that he thinks that DEQ is presently looking into the problem although he’s not an expert on DEQ’s regulations..

036

Carrie MacLaren

1000 Friends of Oregon.  States concerns about HB  3016.  Gives basic premiss about the intentions of land use planning.  Offers support for a separation of rural and urban lands and discusses how proper planning saves money on infrastructure costs.

104

Chair Garrard

Asks if Ross Day will work out some of these problems and amend the bill.  Closes the public hearing on HB 3016 and opens a public hearing on HB 3302.

HB 3302 – PUBLIC HEARING

125

Ray Kelly

Summarizes HB 3302.

132

Don Schellenberg

Oregon Farm Bureau (OFB).  Submits (EXHIBIT A) and testifies in favor of HB 3302.  Notes that that the decision of the energy facilities council has left much work to be done and that OFB would like to work on amending the bill.

191

Dave Vanasche

Washington County Farm Bureau.  Submits (EXHIBIT B) and testifies with support for  HB 3302 as it would condemn certain farm land and would place too many restrictions on farmers.

222

Rep. Greenlick

States that his constituents are greatly concerned with this legislation and offers to help work out any amendments which might improve this legislation.

232

Schellenberg

Notes areas of concern for the work group to address while considering amendments to the bill.

244

Chair

States that he might want to put this hearing off until amendments are forthcoming.

250

Rep. Ackerman

States that it might be better to hear opposition to see if they have amendment ideas as well.

255

Vanasche

Notes that this deal also deals with utilities inside of urban growth boundaries.

298

Mike Grainey

Director, Oregon Office of Energy (OOE).  Speaks in opposition to HB 3302.  States that he would like to see amendments to see if consensus can be met.

335

David Stewart Smith

Administrator, Energy Resources Division, OOE. Addresses the Siting Council and his participation under a task force four years ago to come together with what eventually became HB 2865.  States belief that         HB 2865 balanced needs and doesn’t see the need to override it.

408

Tom Gallagher

Pacific Gas and Electric (PGE). Addresses the original statute which came out just after SB 100 as it relates to utilities and EFU.  Cites LUBA case and interpretation of language regarding the EFU zone and highlights three ways to address this problem.

TAPE 43, B

008

Gallagher

Continues testimony and states that the problem is that both sides of these interests can not both be met. 

046

Roger Martin

Williams Co./Consumers Central Electric Coop.  States that this bill is well-intentioned, but ill-conceived and thus speaks in opposition to HB 3302.  Asserts that this bill might compromise safety and public health.  

101

Shawn Miller

PacifiCorp.  Opposes HB 3302 in that the current law addresses this issue adequately.  States belief that current legislation balances the interests of utilities and their customers.  

122

Rep. Greenlick

Asks if PacifiCorp cites other facilities besides linear facilities.

125

Miller

Replies that they mostly run transmission lines.

127

Rep. Greenlick

Restates the previous question.

131

Martin

Addresses substations and the distribution of utilities.

155

Flicker

Executive Director, Oregon Rural Electric Cooperative Association. Submits (EXHIBIT C) and testifies against HB 3302 in that it could cost significant problems for small utilities.

188

Willie Tiffany

League of Oregon Cities.  Opposes HB 3302 as it could cause problems for water lines. 

212

Amanda Rich

Special Districts Association of Oregon.  Submits (EXHIBIT D) and states concerns which they hope will be addressed in a work group.

261

Gary Bauer

Northwest Natural.  States opposition to HB 3302.  Cites ORS 215.275 and states its effect as it relates to utility citing. Explains Northwest Natural’s project and the reasons for which it is necessary. 

316

Charlie Stinson

General Manager, Northwest Natural.  Addresses the siting rules and the reason for the project.

400

Margaret Kirkpatrick

Gives historical background for the need and the technical aspects for this project.

TAPE 44, B

002

Kirkpatrick

Concludes testimony.

009

Rep. Ackerman

Asks about the makeup of the commission which addressed the issue in 1999. 

012

Kirkpatrick

Gives the main participants and their level of contribution.

025

Rep. Ackerman

Asks if environmental interests were represented.

028

Kirkpatrick

Cites 1000 Friends as participants.

032

Carrie MacLaren

Addresses 1000 Friends’ participation in the aforementioned commission.  Notes 1000 Friends’ positions relating to utility siting.

The following prepared testimony is submitted for the record without public testimony for HB 3302.

 

Robin Freeman

Submits written testimony (EXHIBIT E).

090

Chair Garrard

States that he’s going to see if OFB can respond to some of the concerns heard today.  Closes the public hearing on HB 3302 and adjourns the meeting at 10:19 AM.

 

 

 

 

 

 

EXHIBIT SUMMARY

 

A – HB 3302, written testimony, Don Schellenberg, 2 pp.

B – HB 3302, written testimony, Dave Vanasche, 7 pp.

C – HB 3302, written testimony, Sandy Flicker, 3 pp.

D – HB 3302, written testimony, Amanda, Rich, 2 pp.

E – HB 3302, written testimony, Robin Freeman, 1 p.