HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

April 14, 2003 Hearing Room E

6:00 PM Tapes  55 - 57

 

 

MEMBERS PRESENT:            Rep. Bill Garrard, Chair

Rep. Dennis Richardson, Vice-Chair

Rep. Cliff Zauner, Vice-Chair

Rep. Robert Ackerman

Rep. Mitch Greenlick

Rep. Diane Rosenbaum

 

MEMBERS EXCUSED:            Rep. Dan Doyle

 

STAFF PRESENT:                  Ray Kelly, Committee Administrator

David Peffley, Committee Assistant

 

MEASURES HEARD:                     HB 3245 – Work Session

HB 2912 – Work Session

HB 2644 – Work Session

HB 3013 – Work Session

HB 2945 – Work Session

HB 3061 – Work Session

HB 2860 – Work Session

HB 2905 – Work Session

 

 

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 55, A

004

Chair Garrard

Calls the meeting to order at 6:12 and opens a work session on          HB 3245.

HB 3245 – WORK SESSION

026

Ray Kelly

Summarizes HB 3245 and introduces the -2 amendments      (EXHIBIT A).

045

Rep. Greg Smith

Testifies with support for HB 3245. 

062

Don Miner

Oregon Manufactured House Association.  Gives technical expertise as to the -2 amendments and states reasons for the amendments.

092

Linda Ludwig

League of Oregon Cities (LOC).  Expresses concerns and testifies that LOC would like to see some changes, while agreeing with the general tenets of HB 3245.  Affirms the desire to work the bill in the Senate.

108

Rep. Zauner

MOTION:  Moves to ADOPT HB  3245-2 amendments dated 4/2/03.

111

 

VOTE:  6-0

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

EXCUSED:  1 - Doyle

121

Chair Kropf

The motion CARRIES.

124

Rep. Zauner

MOTION:  Moves HB 3245 to the floor with a DO PASS AS AMENDED recommendation.

133

 

VOTE:  6-0

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

EXCUSED:  1 - Doyle

136

Chair Garrard

The motion CARRIES.

REP. GREG SMITH will lead discussion on the floor.

138

 Chair Garrard

Closes the work session on HB 3245 and opens a work session on     HB 2912.

The following prepared testimony is submitted for the record without public testimony for HB 3245.

 

Rep. Donna Nelson

Submits (EXHIBIT W).

HB 2912 – WORK SESSION

142

Liz Frenkel

League of Women Voters (LWV).  Submits (EXHIBIT B) and (EXHIBIT C) and testifies that changes should be addressed responsibly.

194

Ray Kelly

Committee Administrator.  Addresses the -1 amendments      (EXHIBIT D),  the -2 amendments (EXHIBIT E) and the                    -3 amendments (EXHIBIT F).

200

Chair Garrard

Addresses the changes in the amendments from the original bill.

223

Chair Garrard

Recesses the meeting.

224

Chair Garrard

Reconvenes the meeting and states that it is best to move -1, -2, and -3 amendments into a -4 amendment.

227

Rep. Zauner

MOTION:  Moves to ADOPT HB  2912-1 amendments dated 3/31/03, HB 2912-2 amendments dated 4/7/03, and        HB 2912-3 amendments dated 4/9/03.

233

 

VOTE:  4-0

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

EXCUSED:  3 - Rosenbaum, Ackerman, Doyle

244

Chair Garrard

The motion CARRIES.

252

Chair Garrard

Closes the work session on HB 2912 and opens a work session on     HB 2944.

HB 2644 – WORK SESSION

256

Ray Kelly

Summarizes HB 2644.

273

Dave Barrows

Speaks to the -1 amendments (EXHIBIT G) and speaks to proper management facilities and the importance of passing HB 2344. Speaks to the agreement reached with DEQ. 

375

Bob Danko

Department of Environmental Quality (DEQ).  Reaffirms Barrows’ testimony in support of HB 2344.

380

Rep. Richardson

MOTION:  Moves to ADOPT HB 2344-1 amendments dated 4/14/03.

387

 

VOTE:  6-0

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

EXCUSED:  1 - Richardson

393

Chair Garrard

The motion CARRIES.

402

Rep. Richardson

MOTION:  Moves HB  2344 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

414

 

VOTE:  6-0

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

EXCUSED:  1 - Doyle

420

Chair Garrard

The motion CARRIES.

424

Chair Garrard

Closes the work session on HB 2344 and opens a work session on     HB 3013.

HB 3013 – WORK SESSION

425

Ray Kelly

Summarizes HB 3013, including the proposed -1 amendments (EXHIBIT H).

TAPE 56, A

005

Mike Crennan

Beaver State Ready Mix, Inc.; Beaver State Sand and Gravel.  Submits (EXHIBIT I) and testifies in favor of HB 3013.  Expresses the sentiment that if not passed, this bill would bankrupt many sand and gravel firms.

122

Frank Griese

Testifies as the losing attorney in a LUBA appeal process in support of HB 3013. 

151

Bob Rindy

Department of Land Conservation and Development (DLCD).  Testifies in support of HB 3013 in order to put the process back to the way it was before the decision.

184

Rep. Rosenbaum

Asks where one would be unable to get a permit if HB 3013 doesn’t pass.

192

Rindy

Addresses the conditional use process.  Asserts that the process is not standardized amongst counties.

209

Rep. Rosenbaum

Asks if the case was appealed to the Supreme Court.

213

Griese

Replies that it wasn’t and that most likely, there are no grounds for appeal.

217

Chair Garrard

Asks the name of the court case.

218

Griese

Answers that the case is Beaver State Sand and Gravel v. Douglas County, Austin, and the Department of Land Conservation and Development.

221

Rep. Greenlick

Asks Rindy the definition of major as it relates to this case.

226

Rindy

States concern with the precedent of this case.

231

Rep. Greenlick

Asks about the difference in significant and non-significant sites.

240

Rindy

Cites a 1986 ruling of the meaning of significant as it relates to this issue.

272

Rep. Ackerman

Asks if it is theoretically possible for local governments to incorporate goals or standards consistent with Goal 5.

280

Rindy

Replies that he is not sure.  Addresses the Goal 5 process.

304

Doug Tindall

Submits (EXHIBIT J) and testifies in favor of HB 3013 as it is necessary to ensure that conditional approval for small, non-significant aggregate sites can continue.

330

Gary Lynch

Oregon Department of Geology and Mineral Industries (DOGAMI).  Details the permit process and affirms that it would be valuable to maintain that process.

350

Rep. Richardson

Asks Lynch about permanent versus temporary facilities.

357

Lynch

States that it is a convoluted process and notes that the majority of DOGAMI’s nine hundred sites are sanctioned under the permit process.

380

Rep. Richardson

Asks about restoration at the end of the period of time.

383

Lynch

Addresses the restoration.

393

Rep. Richardson

Asks for clarification of his understanding of the secondary reclamation use.

410

Carrie MacLaren

1000 Friends of Oregon.  Speaks in opposition to HB 3013 because of its adverse effect on farmland.  Asserts that it would allow mining irregardless of farmland.

425

Chair Garrard

Asks if the bill gives the option to the local government.

429

MacLaren

Notes that it does not set any state requirements.

435

Chair Garrard

Clarifies MacLaren’s assertion that state authority should have jurisdiction over local authority.

450

MacLaren

Restates that 1000 Friends’ position is that the regulatory floor which previously existed should be retained.

TAPE 55, B

020

MacLaren

Continues with concerns about removing regulations.  Also affirms that this bill would not return the state to the climate of before the Beaver State case.

024

Chair Garrard

Interjects ODOTs earlier testimony that sand and gravel companies will bankrupt without this bill.

029

MacLaren

Responds with 1000 Friends’ proposal to alleviate the hardships on sand and gravel companies.

036

Rep. Greenlick

References the -1 amendments and asks for clarifications.

042

MacLaren

Agrees with Rep. Greenlick’s interpretation. 

050

Rep. Greenlick

Asks MacLaren if the -1 amendments alleviate 1000 Friends’ concerns.

052

MacLaren

Affirms that the -1 amendments increase 1000 Friends’ comfort level.

064

Don Schellenberg

Oregon Farm Bureau (OFB).  Agrees that this bill has a significant impact.  Addresses Goal 5 as it relates to HB 3013.  Discusses the differences in significant and non-significant sources.

103

Chair Garrard

Asks if OFB is comfortable with the bill as amended.

106

Schellenberg

Replies that they are and states that they would like to submit their own amendments.

110

William Austin

Submits (EXHIBIT K) and testifies against HB 3013 in that it would have a negative impact on farm land.  States support for amended version with OFB amendment.

148

Randy Henderson

Asserts that the agricultural industry and the gravel industry are mutually exclusive and in competition with each other.  Asserts that jobs are not at stake and speaks in support of OFB’s amendments.

178

Chair Garrard

Closes the work session on HB 3013.  

179

Chair Garrard

Reopens the work session on HB 3013.

185

Bob Wright

Testifies to the size of the Douglas County aggregate site in question.

230

Art Schlack

Association of Oregon Counties (AOC).  Testifies in favor of HB 3013 as consistent with Goal 5. 

280

Rich Angstrom

Oregon Concrete Aggregate Producers Association (OCAPA).  Submits (EXHIBIT L) and (EXHIBIT M) and testifies to the conditions which mining aggregates have to follow. 

346

Chair Garrard

Closes the work session on HB 3013 and opens a work session on     HB 2945

HB 2945 – WORK SESSION

350

Kelly

Summarizes HB 2945.

363

Gary Lynch

DOGAMI.  Submits (EXHIBIT N) and speaks to the -1 amendments (EXHIBIT O) which will strengthen DOGAMI’s authority with regard to water rights. 

391

Adam Sussman

Submits (EXHIBIT P) and (EXHIBIT Q) and reaffirms Lynch’s testimony in support of HB 2945.

403

Rep. Zauner

MOTION:  Moves to ADOPT HB  2945-1 amendments dated 4/9/03.

411

 

VOTE:  6-0

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

EXCUSED:  1 - Doyle

422

Chair Garrard

The motion CARRIES.

TAPE 56, B

024

Rep. Zauner

MOTION:  Moves HB  2945 to the floor with a DO PASS AS AMENDED recommendation.

032

 

VOTE:  6-0

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

EXCUSED:  1 - Doyle

037

Chair Garrard

The motion CARRIES.

Rep. RICHARDSON will lead discussion on the floor.

039

Chair Garrard

Closes the work session on HB 2945 and opens a work session on HB 3061.

HB 3061 – WORK SESSION

041

Jon Chandler

Submits (EXHIBIT R) and testifies in favor of HB 3061 to allow the County chair to sign a subdivision plat.

052

Rep. Richardson

MOTION:  Moves to ADOPT HB 3061-1 amendments dated 4/2/03, (EXHIBIT S).

055

 

VOTE:  6-0

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

EXCUSED:  1 – Doyle

060

Chair Garrard

The motion CARRIES.

064

Rep. Richardson

MOTION:  Moves HB 3061 to the floor with a DO PASS AS AMENDED recommendation.

065

 

VOTE:  6-0

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

EXCUSED:  1 – Doyle

066

Chair Garrard

The motion CARRIES.

068

Rep. Richardson

MOTION:  Moves HB 3061 be placed on the CONSENT CALENDAR.

069

 

VOTE:  6-0

EXCUSED:  1 – Doyle

070

Chair Garrard

Hearing no objection, declares the motion CARRIED.

073

Chair Garrard

Closes the work session on HB 3061 and opens a work session on     HB 2860.

HB 2860 – WORK SESSION

075

Ray Kelly

Summarizes HB 2860, the fiscal impact of the legislation, and the -1 amendments (EXHIBIT T).

093

Jon Chandler

Speaks to the effects of the -1 amendments and the possible fiscal impact of the bill.  Announces that -2 amendments may potentially follow.

122

Rep. Rosenbaum

States concern about the substantiveness of these amendments.

130

Chandler

Discusses moving the language in the amendments.

143

Chair Garrard

Asks how quickly we can work this bill.

146

Hunnicutt

Replies that they can get it done quickly if Legislative Council can accomplish the task.

155

Tucker

1000 Friends of Oregon.  Notes that they haven’t had time to look at the bill.

161

Chair Garrard

Closes the work session on HB 2860 and opens a work session on     HB 2905.

HB 2905 – WORK SESSION

173

Rep. Greenlick

Testifies in favor of his bill, HB 2905 addressing improvements to Forest Park.  Notes problems in the development of the park and how HB 2905 plans to address the problems. Introduces the -1 amendments (EXHIBIT U).

261

Rep. Richardson

Asks about the cost to the State of Oregon. 

264

Rep. Greenlick

States that it shouldn’t cost any extra money than that already appropriated to DLCD.

270

Al Burns

City of Portland.  Submits (EXHIBIT V) and states concerns.  Gives support for the concept of this legislation, but states that the City of Portland can not support the bill without some key amendments.

321

Arnold Rocklin

Vice-President, Forest Park Neighborhood Association.  States that land owners  in the Forest Park Neighborhood strongly support this legislation and testifies in favor of the passage of HB 2905.

350

Chair Garrard

Asks if Rep. Greenlick is open to working this bill.

354

Rep. Greenlick

Affirms that he is.

370

Burns

States that he would also be open to working the bill on the senate side.

382

Doug Riggs

METRO.  States support for HB 2905, but with some concerns regarding Goal 5. States concern for the fiscal impact. 

411

Dave Hunnicutt

Testifies on behalf of Dorothy English.  States that this bill would devalue English’s land.

TAPE 57, A

010

Rep. Greenlick

MOTION:  Moves to ADOPT HB  2905-1 amendments dated 3/28/03.

017

 

VOTE:  4-2

AYE:               4 - Ackerman, Greenlick, Rosenbaum, Garrard

NAY:               2 - Richardson, Zauner

EXCUSED:     1 – Doyle

023

Chair Garrard

The motion CARRIES.

026

Rep. Greenlick

MOTION:  Moves HB 2905 to the floor with a DO PASS AS AMENDED recommendation.

032

 

VOTE:  5-1

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

NAY:               1 - Zauner

EXCUSED:     1 – Doyle

037

Chair Garrard

The motion CARRIES.

REP. GREENLICK will lead discussion on the floor.

039

Chair Garrard

Closes the work session on HB 2905 and adjourns the meeting at    8:21 PM.

 

 

EXHIBIT SUMMARY

 

A – HB 3245, -2 amendments, staff, 8 pp.

B – HB 2912, written testimony, Liz Frenkel, 1 p.

C – HB 2912, written testimony, Liz Frenkel, 8 pp.

D – HB 2912, -1 amendments, staff, 1 p.

E – HB 2912, -2 amendments, staff, 1 p.

F – HB 2912, -3 amendments, staff, 1 p.

G – HB 2644, -1 amendments, staff, 1 p.

H – HB 3013, -1 amendments, staff, 1 p.

I – HB 3013, written testimony, Mike Crennan, 1 p.

J – HB 3013, written testimony, Doug Tindall, 1 p.

K – HB 3013, written testimony, William Austin, 11 pp.

L – HB 3013, written testimony, Rich Angstrom, 2 pp.

M – HB 3013, written testimony, Rich Angstrom, 3 pp.

N – HB 2945, written testimony, Gary Lynch, 1 p.

O – HB 2945, -1 amendment, Gary Lynch, 1 p.

P – HB 2945, written testimony, Adam Sussman, 2 pp.

Q – HB 2945, written testimony, Adam Sussman, 2 pp.                  

R – HB 3061, written testimony, Jon Chandler, 1 p.

S – HB 3061, -1 amendments, staff, 1 p.

T – HB 2860, -1 amendments, staff, 3 p.

U – HB 2905, -1 amendments, Rep. Greenlick, 1 p.

V – HB 2905, written testimony, staff, 4 pp.

 

The following exhibit is listed out of order in the body of the tape log:

W – HB 3245, written testimony, Rep, Donna Nelson, 1 p.