HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

April 10, 2003 Hearing Room HR E

8:30 AM Tapes  52 - 54

 

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 3175 – Work Session

                                                HB 3106 - Work Session

                                                HB 3228 – Public Hearing

                                                HB 3211 – Public Hearing and Work Session

                                                HB 3013 – Public Hearing

                                                HB 3061, HB  2898, HB 2899, HB 2945, HB 3245 – Public Hearing

                                                HB 3408, HB 3017, HB 3144, HB 2617, HB 3315 – Public Hearing

                                                HB 3137, HB 2909, HB 2910, HB 3404, HB 2790 – Public Hearing

                                                HB 3561, HB 3121, HB 3083, HB 3457, HB 3282 – Public Hearing

                                                HJR 35, HB 3558, HB 3120, HB 3181, HB 3459 – 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 52, A

003

Chair Garrard

Calls the meeting to order at 8:43 AM and opens a work session on        HB 3175.

HB 3175 – WORK SESSION

012

Chair Garrard

Announces the -2 amendments (EXHIBIT A) to HB 3175.

015

John Ledger

Associated Oregon Industries (AOI).  Testifies to the drafting and the modifications to HB 3175 as put forth by the -2 amendments.

033

Lauri Aunan 

Department of Environmental Quality (DEQ).  Submits (EXHIBIT B) and testifies that the amendments met DEQ’s requirements.

052

Rep. Richardson

MOTION:  Moves to ADOPT HB  3175-2 amendments dated 4/9/03.

058

 

VOTE:  6-0

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

EXCUSED: 1 - Rosenbaum

061

Chair Garrard

The motion CARRIES.

093

Rep. Greenlick

MOTION:  Moves HB  3175 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

100

 

VOTE:  6-0

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

EXCUSED:  1 - Rosenbaum

106

Chair Garrard

The motion CARRIES.

113

Rep. Richardson

MOTION:  Moves HB  3175 to the floor with a DO PASS AS AMENDED recommendation.

117

 

VOTE:  7-0

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

121

Chair Garrard

The motion CARRIES.

123

Chair Garrard

Closes the work session on HB 3175 and opens a work session on      HB 3016.

HB 3016 – WORK SESSION

123

Ray Kelly

Introduces the -1 amendments (EXHIBIT C).

139

Ross Day

Oregonians In Action (OIA).  Speaks to the -1 amendment language modifications and their effects.

196

Rep. Ackerman

Addresses financing mechanisms and asks Day how they would work.

203

Day

Addresses maintenance agreements and improvement districts as they relate to the bill.

217

Rep. Richardson

Asks about local governmental obligations.

219

Day

Notes that local governments would be under no obligations.

226

Rep. Greenlick

Asks for clarifications about Section 4 with regard to regulations.

250

Day

States that there are no unintended consequences.

274

Bob Rindy

Department of Land Conservation and Development (DLCD).  States that Goal 11 would have to be amended or repealed as a result of this legislation.

279

Rep. Greenlick

Restates the question about repealing Goal 11.

281

Rindy

States that the amendment would cause DLCD to amend Goal 11.

286

Rep. Greenlick

Asks what Goal 11 specifically deals with.

290

Rindy

States that Goal 11 deals with urban growth boundaries.

302

Day

Reaffirms the effect on shared community sewers.

305

Rindy

Affirms that is correct.  Adds that it can vary with geographic area.

310

Rep. Rosenbaum

Asks about the bearing of costs on local government.

321

Day

Affirms that the intention is to lessen the burden on local communities.

328

Rep. Rosenbaum

Asks for clarification of the language on Page 2 of the amendment.

334

Day

Affirms that the intention is to hold local governments harmless.

339

Rep. Rosenbaum

Expresses concern that differing situations could lead to contrary rulings.

345

Day

Explains his broad concept of community.

352

Kelly

Explains the process of moving the -1 amendments and the subsequent referral to ways and means.

374

Rep. Richardson

MOTION:  Moves to ADOPT HB  3016-1 amendments dated 4/9/03.

383

 

VOTE:  7-0

385

Chair Garrard

Hearing no objection, declares the motion CARRIED.

388

Rep. Richardson

MOTION:  Moves HB  3016 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.

400

Rep. Greenlick

Notes a potential conflict of interest.

420

Ray Kelly

Clarifies laws relating to conflicts of interest.

428

 

VOTE:  7-0

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

433

Chair Garrard

The motion CARRIES.

438

Chair Garrard

Closes the work session on HB 3016 and opens a public hearing on       HB 3228.

HB 3228 – PUBLIC HEARING

440

Ray Kelly

Summarizes HB 3228.

TAPE 53, A

041

Art Schlack

Association of Oregon Counties (AOC).  Submits (EXHIBIT D) and urges the passage of HB 3228.  Announces that the forthcoming amendments will include infrastructure development and will be acceptable to DLCD.

064

Nan Evans

Department of Land Conservation and Development (DLCD).  Submits (EXHIBIT E) and affirms that DLCD would support HB 3228 with some key amendments.

097

Matt Spangler

Planning and Development Director, Lincoln County.  Gives historical background to HB 3228 and affirms support for HB 3228. 

155

Schlack

Addresses Goal 19 and the issue of rip-rap.

175

Rep. Richardson

Asks Evans if her objection might be assuaged if 1977 were added into the bill.

190

Evans

Addresses DLCD’s concern and the additions which could lead to support of this legislation.

198

Richardson 

Confirms Evans’ support for Section 1.

200

Evans

States that her concern is with Section 2, sub 1.  Offers further clarification.

220

Rep. Greenlick

States that he believes the -1 amendments (EXHIBIT F) address Evans’ concern.

233

Evans

States that they do not and notes her specific concerns.

241

Rep. Greenlick

Follows up by confirming Evans’ concern.

247

Evans

Reiterates DLCD’s concerns regarding Section 2, sub 1 in the changing or removal of development criteria.

251

Rep. Greenlick

Confirms his understanding DLCD’s criteria.

256

Evans

Affirms that Rep. Greenlick’s concerns are correct.

260

Onno Husing

Director, Oregon Coastal Zone Management Association (OCZMA).  Submits (EXHIBIT G) and testifies in support of HB 3228.  Asserts that Oregon’s land use system gives us a competitive advantage but that we need to eliminate rip-rap.

410

Rep. Richardson

States concern that citizens have a sense of anxiety of the obstacles involved in the process.  Asks for a flow chart.

430

Husing

Avers that he will produce the flow chart.

TAPE 52, B

015

Michael Collmeyer

Submits (EXHIBIT H) and testifies in opposition to HB 3228, citing concerns about eroding the protection of public beaches.  Attests that such protection would be eroded by the weakening of Goal 18 as a result of the passage of HB 3228.

060

Liz Frenkel

League of Women Voters.  Submits (EXHIBIT I) and testifies in opposition to HB 3228, as there is not a demonstrated need to amend Goal 17 or Goal 18.

101

Fran Recht

Oregon Shores Conservation Coalition.  Submits (EXHIBIT J) and testifies in opposition to HB 3228, also citing Goal 18 concerns vis-à-vis rip-rap.  Affirms that this process is not redundant and is important to protecting the beach.

166

Rep. Rosenbaum

Asks Recht about her concerns about amending the definition of infrastructure leading to a proliferation of rip-rap.

171

Recht

Agrees that she is concerned about that scenario.

177

Rep. Greenlick

Asks about protection of private property.

188

Collmeyer

Refers to amendments to Goal 18, which would occur by result of the passage of HB 3228.

202

Rep. Greenlick

Asks about protection of private streets under the current language.

205

Collmeyer

Agrees with Rep. Greenlick’s interpretation.

211

Harlan Levy

Oregon Association of Realtors (OAR).  Testifies in support of HB 3228, which would codify the status quo which has existed on the beach since Goal 18 was established.

230

John Rosenberger

Oregon Department of Transportation.  Submits (EXHIBIT K) and testifies in favor of HB 3228.  Affirms that ODOT does not automatically default to rip-rap on projects without proper analysis.

260

Linda Ludwig

League of Oregon Cities.  Submits (EXHIBIT L) and reaffirms earlier testimony that HB 3228 merely confirms the current policy which has existed since 1977.

277

Rep. Rosenbaum

Asks Rosenberger if Goal 18 prevents ODOT from erecting rip-rap under emergency circumstances.

280

Rosenberger

Replies that ODOT is granted the authority to erect rip-rap in an emergency.

282

Rep. Rosenbaum

Asks about other exceptions.

285

Rosenberger

Replies to the federal exception process and notes the difficulty in navigation.

310

Rep. Rosenbaum

States that according to her understanding, the authority is presently granted to intervene in an emergency.

313

Rosenberger

Affirms that the exceptions process does not come into play during an emergency.

318

Rep. Greenlick

Asks how the process would change as a result of the passage of        HB 3228.

322

Rosenberger

Details the effect on the federal process.

330

Rep. Richardson

Asks for confirmation in Levy’s assertions on the permitting process.

338

Levy

Reiterates his understanding that this bill just codifies what has always existed.

345

Chair Garrard

Asks Husing and Spangler to get together with those who have testified and work all concerns into an amendment.  Closes the public hearing on HB 3228 and opens a public hearing on HB 3211.

The following prepared testimony was submitted for the record without public testimony for HB 3228.

 

Michael Carrier

Submits (EXHIBIT P).

HB 3211 – PUBLIC HEARING

366

Ray Kelly

Summarizes HB 3211.

400

Rep. Farr

HD 14.  Testifies in support of HB 3211.  Speaks of Bethel’s antipathy to Eugene’s tax code and resistance to annexation.  States that Santa Clara runs the risk of suffering the same fate.

425

Rep. Ackerman

HD 13.  Testifies in support of HB 3211.  Speaks to annexation as it relates to Eugene and Santa Clara.  Asserts that Eugene’s policy amounts to taxation without representation.

TAPE 53, B

020

Rep. Greenlick

Asks Rep. Ackerman how the City of Eugene carries out annexation.

023

Rep. Ackerman

Addresses annexation strategies which could be employed.

128

Rep. Farr

Addresses the consolidated vote which could be overwhelmed by the city.

043

Eugene Grant

Mayor, Happy Valley.  Testifies that this issue is not about growth, but inclusion.  States that inclusion within a city will exacerbate the problem of insufficient resources.  Recommends an amendment to make this bill good public policy.

125

Chair Garrard

Notes that this bill was scheduled for a hearing because of a huge public outcry.

130

Grant

Notes the support from many Portland-area mayors for his policy and near unanimous opposition to HB 3211.

135

Jim Bernard

Mayor, Milwaukee.  Testifies that annexation is vital to keeping public services adequate.

148

Rep. Ackerman

Questions Grant’s assertion that River Road in Eugene is blighted.

153

Grant

Doesn’t cite specifics, but recalls that when he grew up there, River Road was a little run down.

171

Rep. Ackerman

Asks Grant if he knows about the widening of River Road.

175

Grant

Notes that he does not.

183

Rep. Ackerman

Asks Grant if he has noted the development in the Beltline area.

188

Grant

Responds that he has not.

193

Rep. Ackerman

Notes that his property has doubled in value over the past ten tears.

208

Linda Ludwig

Submits (EXHIBIT M) and testifies in opposition to HB 3211 in order to provide adequate urban services.  Asserts that HB 3211 would require a double majority vote.

280

Chair Garrard

Recesses HB 3211 and opens a public hearing on HB 3013.

HB 3013 – PUBLIC HEARING

300

Rep. Susan Morgan

HD 2.  Testifies in support of HB 3013 in order to address the implications on the aggregate mining industry due to LUBA decisions.  Speaks to those decisions’ adverse effect on the economy of Southern Oregon. 

384

Chair Garrard

Recesses the public hearing on HB 3013 and reopens the public hearing on HB 3211.

HB 3211 – PUBLIC HEARING

390

Art Schlack

Addresses SB 100 and annexation as it was in 1973, versus the situation today.  Addresses the services available to be offered and concludes that HB 3211 is unnecessary.  Affirms support for the current process.

TAPE 54, A

002

Harlan Levy

AOR.  Briefly states opposition to HB 3211, stating that he supports the present annexation laws.

010

Jon Chandler

States that there is a problem with the annexation system, but that he does not believe HB 2911 sufficiently addresses the problem and thus, opposes the bill.

045

Elizabeth Gracer Lindsay.

Testifies with support for HB 3211 as it would help protect the rights of rural property owners. 

102

Jerry Ritter

Oregon Communities For a Voice in Annexations (OCVA). Submits (EXHIBIT N) and asserts that HB 3211 addresses serious flaws in ORS 195.205.  Concurs with Rep. Ackerman’s assertion that the current annexation laws do not allow for proper representation. 

135

Jim Seaberry

Submits (EXHIBIT O) and testifies in favor of HB 3211.  Affirms previous testimony regarding annexation without approval.

190

Lance Margeson

Supports HB 3211 and asserts that counties do just as good a job as cities in providing services.

237

Chair Garrard

Close the public hearing on HB 3211 and opens a work session          HB 3211.

The following prepared testimony is submitted for the record without public testimony for HB 3211.

 

Merilyn Reeves

Submits (EXHIBIT Q).

 

HB 3211 –WORK SESSION

242

Rep. Ackerman

MOTION:  Moves HB  3211 to the floor with a DO PASS recommendation.

263

 

VOTE:  6-1

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

NAY:               1 - Rosenbaum

274

Chair Garrard

The motion CARRIES.

Rep. Westlund will lead discussion on the floor.

282

Chair Garrard

Closes the work session on HB 3211 and opens a public hearing on    HB 3061.

HB 3061 – PUBLIC HEARING

285

Chair Garrard

Closes the public hearing on HB 3061 and opens a public hearing on    HB 2898.

HB 2898 – PUBLIC HEARING

288

Chair Garrard

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

HB 2899 – PUBLIC HEARING

291

Chair Garrard

Closes the public hearing on HB 2899 and opens a public hearing on    HB 2945.

HB 2945 – PUBLIC HEARING

294

Chair Garrard

Closes the public hearing on HB 2945 and opens a public hearing on   HB 3245.

HB 3245 – PUBLIC HEARING

297

Chair Garrard

Closes the public hearing on HB 3245 and opens a public hearing on   HB 3408

HB 3408 – PUBLIC HEARING

300

Chair Garrard

Closes the public hearing on HB 3408 and opens a public hearing on    HB 3017.

HB 3017 – PUBLIC HEARING

303

Chair Garrard

Closes the public hearing on HB 3017 and opens a public hearing on   HB 3144.

HB 3144 – PUBLIC HEARING

306

Chair Garrard

Closes the public hearing on HB 3144 and opens a public hearing on   HB 2617.

HB 2617 – PUBLIC HEARING

309

Chair Garrard

Closes the public hearing on HB 2617 and opens a public hearing on  HB 3315.

HB 3315 – PUBLIC HEARING

312

Chair Garrard

Closes the public hearing on HB 3315 and opens a public hearing on    HB 3137.

HB 3137 – PUBLIC HEARING

315

Chair Garrard

Closes the public hearing on HB 3137 and opens a public hearing on   HB 2909.

HB 2909 – PUBLIC HEARING

318

Chair Garrard

Closes the public hearing on HB 2909 and opens a public hearing on    HB 2910.

HB 2910 – PUBLIC HEARING

321

Chair Garrard

Closes the public hearing on HB 2910 and opens a public hearing on   HB 3404.

HB 3404 – PUBLIC HEARING

324

Chair Garrard

Closes the public hearing on HB 3404 and opens a public hearing on    HB 2790.

HB 2790 – PUBLIC HEARING

327

Chair Garrard

Closes the public hearing on HB 2790 and opens a  public hearing on    HB 3561.

HB 3561 – PUBLIC HEARING

330

Chair Garrard

Closes the public hearing on HB 3561 and opens a public hearing on   HB 3121.

HB 3121 – PUBLIC HEARING

333

Chair Garrard

Closes the public hearing on HB 3121 and opens a public hearing on   HB 3083.

HB 3083 – PUBLIC HEARING

336

Chair Garrard

Closes the public hearing on HB 3083 and opens a public hearing on   HB 3457.

HB 3457 – PUBLIC HEARING

339

Chair Garrard

Closes the public hearing on HB 3457 and opens a public hearing on    HB 3282.

HB 3282 – PUBLIC HEARING

342

Chair Garrard

Closes the public hearing on HB 3282 and opens a public hearing on  HJR 35.

HJR 35 – PUBLIC HEARING

345

Chair Garrard

Closes the public hearing on HJR 35 and opens a public hearing on HB 3558.

HB 3558 – PUBLIC HEARING

348

Chair Garrard

Closes the public hearing on HB 3558 and opens a public hearing on   HB 3120.

HB 3120 – PUBLIC HEARING

351

Chair Garrard

Closes the public hearing on HB 3120 and opens a public hearing on   HB 3181.

HB 3181 – PUBLIC HEARING

354

Chair Garrard

Closes the public hearing on HB 3181 and opens a public hearing on   HB 3459.

HB 3459 – PUBLIC HEARING

357

Chair Garrard

Closes the public hearing on HB 3459 and adjourns the meeting at 11:02 AM.

 

 

 

 

 

EXHIBIT SUMMARY

 

A – HB  3175, -2 amendments, staff, 8 pp.

B – HB 3175, written testimony, Lauri Aunan, 1 p.

C – HB 3016, -1 amendments, staff, 2 pp.

D – HB 3228, written testimony, Art Schlack, 2 pp.

E – HB 3228, written testimony, Nan Evans, 6 pp.

F – HB 3228, -1 amendments, Rep. Mitch Greenlick, 1 p.

G – HB 3228, written testimony, Onno Husing, 10 pp.

H – HB 3228, written testimony, Michael Collmeyer, 4 pp.

I – HB 3228, written testimony, Liz Frenkel, 4 pp.

J – HB 3228, written testimony, Fran Recht, 11 pp.

K – HB 3228, written testimony, John Rosenberger, 1 p.

L – HB 3228, written testimony, Linda Ludwig, 2 pp.

M – HB 3211, written testimony, Linda Ludwig, 4 pp.

N – HB 3211, written testimony, Jerry Ritter, 2 pp.

O – HB 3211, written testimony, Jim Seaberry, 1 p.

 

The following exhibits are listed out of order in the body of the tape log.

 

P- HB 3228, written testimony, Michael Carrier, 2 pp.

Q – HB 3211, written testimony, Merilyn Reeves, 2 pp.