HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

April 01, 2003 Hearing Room HR E

8:30 AM` Tapes  45 - 46

 

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 3375 – Public Hearing and Work Session

                                                HB 3213 – Public Hearing and Work Session

HB 2820 – Public Hearing

HB 3176 – Reconsideration and Work Session

HB 2856, HB 2910, HB 3061, HB 3326, HB 2790 – Public Hearing

                                                HB 2738, HB 2899, HB 2898, HB 2809, HB 2336 – Public Hearing

                                                HB 2984, HB 3342, HB 3462, HB 3247, HB 3241 – 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 45, A

004

Chair Garrard

Calls the meeting to order at 8:42 and opens a public hearing on        HB 3375.

HB 3375 – PUBLIC HEARING

012

Senator Ferrioli

SD 30, John Day.  Cosponsor, introduces his bill HB 3375 in order to correct some of the problems related to SB 12.

044

Chair Garrard

Recesses the public hearing on HB 3375 and opens a public hearing on HB 3213.

HB 3213 – PUBLIC HEARING

068

Senator Atkinson

Testifies to the -3 amendments (EXHIBIT A) to HB 3213, which inserts language clarifying buffer land between destination resorts and high-value farmland.

095

Dave Riley

Submits (EXHIBIT B) and speaks to the effects of the -3 amendments. Asserts the amendments to be a win-win situation.

121

Rep. Greenlick

Asks precisely what HB 3213 does.

125

Dave Riley

Asserts that it allows nursing homes and other facilities to be sited within destination resorts.

137

Linda Swearingen

Eagle Crest Resort.  Submits (EXHIBIT C), (EXHIBIT D), (EXHIBIT E), and (EXHIBIT F).  Does not testify at this time.  

138

Kristan Uvardi

Attorney, testifies in support of HB 3213.  Explains the revisions to the proposed destinations resort statute.

225

Chair Garrard

Recesses the public hearing on HB 3213 and reopens a public hearing on HB 3375.

HB 3375- PUBLIC HEARING

230

Representative Morgan

HD 2.  Testifies with support for HB 3375, correcting a problem with landslide issues which arose with the passage of SB 12.

316

Linda Ludwig

Submits (EXHIBIT G) and briefly testifies in support of  HB 3375. 

328

Phil Stenbeck

Submits (EXHIBIT H) and testifies in support of HB 3375 and thus supports the repeal of ORS 195.263 in order to give local governments the ability to protect health, safety, and welfare. 

372

Vicki McConnell

Deputy Director, Oregon Department of Geology and Mineral Industries (DOGAMI).  Submit (EXHIBIT I) and testifies in favor of HB 3375 in order to fix potential hazards.

420

Rep. Greenlick

Asks the effects of deleting ORS 195.263 in terms of building regulation.

440

Stenbeck

Describes the effects of the deletion.

TAPE 46, A

005

Art Schlack

Submits (EXHIBIT J) and (EXHIBIT K) and testifies in support of HB 3375.  Reaffirms Rep. Morgan and Rep. Ferrioli’s testimony.

030

Ray Wilkinson

Oregon Forest Industries Council (OFIC).  Presents OFIC’s involvement with the landslide issues relating to HB 3375.

061

Keith Mills

Department of Forestry (ODF).  Submits (EXHIBIT L) and testifies in support of HB 3375 as a twenty-year landslide expert.

084

Chair Garrard

Closes the public hearing on HB 3375 and opens a work session on  HB 3375.

HB 3375 – WORK SESSION

090

Rep. Rosenbaum

MOTION:  Moves HB 3375 to the floor with a DO PASS recommendation.

102

 

VOTE:  7-0

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

EXCUSED:    Zauner* (Refer to click number 205 on Tape 45, B.)

104

Chair Garrard

The motion CARRIES.

REP. MORGAN will lead discussion on the floor.

108

Chair Garrard

Closes the work session on HB 3375 and reopens a public hearing on      HB 3213.

HB 3213 – PUBLIC HEARING

110

Linda Swearingen

Testifies in favor of HB 3213, although opposes the -3 amendments, which are somewhat controversial. 

176

Tom Luersen

Submits (EXHIBIT M) and testifies in support of HB 3213 as tourism is vital to the economy of Central Oregon.

232

Carrie MacLaren

Testifies in opposition to HB 3213 as well as against the                        -3 amendments.  States concern that HB 3213 would run counter to the purpose of Goal 8 and would eliminate the buffer zone between resort and farmland. 

298

Rep. Greenlick

Asks if 1000 Friends would prefer for the bill to pass with or without the -3 amendments.

306

MacLaren

States that 1000 Friends disapproves of the bill in any form.  Adds 1000 Friends’ position on conservation easements.

348

Bob Rindy

Department of Land Conservation and Development (DLCD).  Submits (EXHIBIT N) and testifies in opposition to HB 3213.  Expresses concerns about destination resorts actually being resorts and not single-family housing.  Asks the Chair to consider a work group on HB 3213.

428

Chair Garrard

Asserts that services for seniors should be able to be located wherever they are necessary.

TAPE 45, B

003

Rindy

Restates that the wording of the amendments should be addressed to clarify intent.

013

Chair Garrard

Asks what the -3 amendment is aimed at.

016

Riley

States that it relates to a specific Hood River County resort.  Responds to 1000 Friends’ testimony, and asserts that the -3 amendments would not erode the three-mile buffer zone.

034

Rep. Greenlick

Asks if the resort in the Malheur National Forest is that which he’s referring to, and asks for clarification on the zoning of the land. 

046

Riley

Affirms the identity of the resort and clarifies the effect on the buffer area.

056

Rep. Greenlick

Expresses concern that the wording might allow for violation of the spirit of the law relating to buffer zones.

061

Riley

References Goal 8, ORS 197, which would not allow for such violations.

078

Don Schellenberg

Oregon Farm Bureau (OFB).  Speaks to the -3 amendments and the possibility of violation of the three mile buffer.  States opposition to the amendments.

100

Rep. Doyle

Asks for confirmation on his understanding of the effects of the -3 amendments.

106

Schellenberg

Addresses conservation easements as they relate to the -3 amendments and states that we need more study to determine if there might be a violation.

118

Rep. Greenlick

Expresses concern that the specific resort is very near high-value farmland.

131

Schellenberg

Notes that it would depend on the size of the resort, but adds that it could be a legitimate concern.

138

Rep. Greenlick

Restates scenario which could lead to a problem.

144

Chair Garrard

Refers to the -3 as unfriendly amendments and states that the committee will not recognize the amendments.  Closes the public hearing on HB 3213 and opens a work session on HB 3213.

HB 3213 – WORK SESSION

158

Rep. Richardson

MOTION:  Moves HB  3213 to the floor with a DO PASS recommendation.

166

Richardson

VOTE:  6-1

AYE:               6 - Ackerman, Doyle, Greenlick, Richardson, Zauner, Garrard

NAY:               1 - Rosenbaum

173

Chair Garrard

The motion CARRIES.

REP. WESTLUND will lead discussion on the floor.

178

Chair Garrard

Closes the work session on HB 3213 and reopens a work session on HB 3375.

HB 3375 – WORK SESSION

184

Rep. Greenlick

MOTION:  Moves to SUSPEND the rules for the purpose of allowing Rep. Zauner to vote on HB 3375.

191

Chair Garrard

Hearing no objection, declares the motion CARRIED.

205

Rep. Garrard

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. ZAUNER to BE RECORDED as voting AYE on the motion to move   HB 3375 to the floor with a DO PASS recommendation.

218

Chair Garrard

Closes the work session on HB 3375 and opens a public hearing on   HB 2820.

HB 2820 - PUBLIC HEARING

225

Ross Day

Oregonians In Action (OIA).  Testifies in support of HB 2820 which will require state agencies to do an economic impact study before taking action.  Notes that HB 2820 is only meant to apply to land use regulations, and not state agencies in general. 

335

Rep. Greenlick

Points out Subsection 3, Lines 15-19 and asks about economic analyses.

359

Day

Affirms that each property affected would require an analysis under the proposed legislation.

365

Rep. Greenlick

Asks Day how much economic analyses cost.

377

Day

Notes the cost for these impact analyses.

379

Rep. Greenlick

Points out that all of the analyses would cost $25-50 million.

390

Day

States that he’s not sure if that is the case. 

408

Don Schellenberg

OFB.  Submits (EXHIBIT O) and testifies in favor of HB 2860, yet does have concerns and notes that questions need to be asked.

440

Schlack

AOC.  Testifies in opposition to HB 2820.  Expresses concern about the amount of review and analysis which would be required.

TAPE 46, B

009

Schlack

Concludes testimony.

016

Schellenberg

Adds that there is some benefit to doing reviews and analyses, but notes the cost involved.

025

Rep. Ackerman

References the language of the bill and asks if the appraisal process could be excluded.

037

Day

States that it would not apply to an exception.

044

Rep. Ackerman

States concern that by excluding the exception process, we’re skewing the result of the economic impact.

054

Day

States that he doesn’t believe that is the case.

064

Rep. Ackerman

Asks about the effect of limiting the economic impact.

070

Day

Speaks of positive impact.

101

Chair Garrard

Recommends Day to consider amending HB 2860.

110

Seth Karpinski

City of Eugene.  Submits (EXHIBIT P) and (EXHIBIT Q) for Linda Ludwig and testifies in opposition to HB 2820.  Expresses concern for the costs of the analyses which would discourage land use regulation.

123

Randy Tucker

1000 Friends of Oregon.  Testifies in opposition to HB 2820.  Addresses Measure 56 as it relates to HB 2820.

165

Rindy

Speaks in opposition to HB 2820.  Expresses concern that the high costs would prevent land-use rule making. 

180

Rep. Zauner

Asks if DLCD would be opposed if there was no cost for the appraisal.

189

Rindy

States that that would take care of most of their concerns.  Emphasizes that cost is the main impediment.

196

Rep. Zauner

Confirms that money is the problem.

198

Rindy

Agrees and adds that time is also a concern.

203

Chair Garrard

Closes the public hearing on HB 2820 and opens a work session on  HB 3176.

HB 3176 – WORK SESSION

209

Rep. Greenlick

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 3176.

213

 

VOTE:  6-0

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

EXCUSED:  1 - Rosenbaum

222

Chair Garrard

The motion CARRIES.

233

Rep. Zauner

MOTION:  Moves HB  3176 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

237

 

VOTE:  6-0

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

EXCUSED:  1 - Rosenbaum

241

Chair Garrard

The motion CARRIES.

243

Chair Garrard

Closes the work session on HB 3176 and opens a public hearing on  HB 2856.

HB 2856 - PUBLIC HEARING

245

Chair Garrard

Closes the public hearing on HB 2856 and opens a public hearing on      HB 2910.

HB 2910 – PUBLIC HEARING

248

Chair Garrard

Closes the public hearing on HB 2910 and opens a public hearing on HB 3061.

HB 3061 – PUBLIC HEARING

251

Chair Garrard

Closes the public hearing on HB 3061 and opens a public hearing on    HB 3326.

HB 3326 – PUBLIC HEARING

255

Chair Garrard

Closes the public hearing on HB 3326 and opens a public hearing on    HB 2790.

HB 2790 – PUBLIC HEARING

259

Chair Garrard

Closes the public hearing on HB 2790 and opens a public hearing on    HB 2738.

HB 2738 – PUBLIC HEARING

262

Chair Garrard

Closes the public hearing on HB 2738 and opens a public hearing on    HB 2899.

HB 2899 – PUBLIC HEARING

265

Chair Garrard

Closes the public hearing on HB 2899 and opens a public hearing on    HB 2898.

HB 2898 – PUBLIC HEARING

268

Chair Garrard

Closes the public hearing on HB 2898 and opens a public hearing on    HB 2809.

HB 2809 – PUBLIC HEARING

271

Chair Garrard

Closes the public hearing on HB 2809 and opens a public hearing on   HB 2336.

HB 2336 – PUBLIC HEARING

274

Chair Garrard

Closes the public hearing on HB 2336 and opens a public hearing on    HB 2984.

HB 2984 – PUBLIC HEARING

277

Chair Garrard

Closes the public hearing on HB 2984 and opens a public hearing on    HB 3342.

HB 3342 – PUBLIC HEARING

280

Chair Garrard

Closes the public hearing on HB 3342 and opens a public hearing on    HB 3462.

HB 3462 – PUBLIC HEARING

283

Chair Garrard

Closes the public hearing on HB 3462 and opens a public hearing on     HB 3247.

HB 3247 – PUBLIC HEARING

286

Chair Garrard

Closes the public hearing on HB 3247 and opens a public hearing on     HB 3241.

HB 3241 – PUBLIC HEARING

289

Chair Garrard

Closes the public hearing on HB 3241 and adjourns the meeting at 10:30 AM.

EXHIBIT SUMMARY

 

A – HB 3213, -3 amendments, staff,  1 p.

B – HB 3213, written testimony, Dave Riley, 2 pp.

C – HB 3213, written testimony, Linda Swearingen, 1 p.

D – HB 3213, written testimony, Linda Swearingen, 1 p.

E – HB 3213, written testimony, Linda Swearingen, 2 pp.

F – HB 3213, written testimony, Linda Swearingen, 2 pp.

G – HB 3375, written testimony, Linda Ludwig, 1 p.

H – HB 3375, written testimony, Phil Stenbeck, 2 pp.

I – HB 3375, written testimony, Vicki McConnell, 1 p.

J – HB 3375, written testimony, Art Schlack, 1 p.

K – HB 3375, written testimony, Art Schlack, 1 p.

L – HB 3375, written testimony, Keith Mills, 2 pp.

M – HB 3213, written testimony, Tom Luersen, 2 pp.

N – HB 3213, written testimony, Bob Rindy, 1 p.

O – HB 2820, written testimony, Don Schellenberg, 1 p.

P – HB 2820, written testimony, Seth Karpinski, 1 p.

Q – HB 2820, written testimony, Linda Ludwig, 1 p.