HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

April 15, 2003 Hearing Room HR E

8:30 AM Tapes  58 - 59

 

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 3017 – Work Session

                                                HJR 35 – Work Session

                                                HB 3144 – Work Session

                                                HB 2910 – Work Session

                                                HB 3228 – Work Session

                                                HB 2369 – Work Session

                                                HB 2614 – Work Session

                                                HB 3521 – 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 58, A

003

Chair Garrard

Calls the meeting to order at 8:43 and opens a work session on          HB 3017.

HB  3017 – WORK SESSION

020

Chad Johnson

Polk County landowner.  Announces amendments to be forthcoming and speaks on their effects.  Submits (EXHIBIT A), (EXHIBIT B), and (EXHIBIT C) and testifies that urban growth boundaries do not do anything but raise the prices of property, contrary to the assertion of 1000 Friends of Oregon. 

120

Greg Smith

HD 57.  Testifies regarding EFU zones and the need to open more lands where it makes sense and has no negative environmental impact.

172

Rep. Doyle

Asks about the intentions of the amendments.

175

Johnson

Addresses the amendments.

180

Greg Smith

Continues with the amendment as it relates to the boundaries of the golf course. 

203

Rep. Doyle

Asks Johnson about his personal interest in HB 3017.

206

Johnson

Notes that he owns land in the area.

219

Rep. Doyle

Asks Johnson if the land was originally farmland.

222

Johnson

Notes that it was and mentions his intentions in purchasing the land.

229

Rep. Doyle

Asks for confirmation that the land was purchased for speculation.

231

Johnson

Affirms that is the case.

254

Don Schellenberg

Oregon Farm Bureau (OFB).  Submits (EXHIBIT D) and testifies in opposition to HB 3017, in that farm zones are for farming and this bill undermines that principle.

292

Ron Eber

Department of Land Conservation and Development (DLCD).  Testifies against HB 3017, echoing OFB’s testimony.

322

Carrie MacLaren

1000 Friends of Oregon.  Echoes testimony of OFB and DLCD in opposition to HB 3017.

331

Chair Garrard

Announces two amendments to be forthcoming.  Closes the work session on HB 3017 and opens a work session on HJR 35.

HJR 35

362

Michael Carrier

Director, Oregon Parks and Recreation (ODPR).  Submits (EXHIBIT E) and testifies in opposition to HJR 35 as it would redirect funds earmarked for improvements to State Parks.

400

Jagodnik

Director, Oregon Recreation and Park Association (ORPA).  Submits (EXHIBIT F) and echoes OPR’s testimony in opposition to HJR 35.

423

Rep. Greenlick

MOTION:  Moves HJR 35 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Revenue.

427

 

VOTE:  7-0

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

434

Chair Garrard

The motion CARRIES.

 

Chair Garrard

Closes the work session on HJR 35 and opens a work session on HB 3144.

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

 

Jim Myron

Submits (EXHIBIT Q)

 

Hilary Abraham

Submits (EXHIBIT R)

 

Stephen Bosak

Submits (EXHIBIT S)

Tape 59, A

HB 3144 – WORK SESSION

016

Mark Nelson

Glass Packaging Institute.  Affirms the ongoing partnership between the Department of Environmental Quality (DEQ) and the Glass Packaging Institute and speaks to glass recycling plants and programs.  Testifies in favor of HB 3144.

055

Bob Danko

DEQ.  Speaks to recycling target rates in support of HB 3144.

092

Rep. Richardson

MOTION:  Moves HB  3144 to the floor with a DO PASS recommendation.

098

 

VOTE:  7-0

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

101

Chair Garrard

The motion CARRIES.

REP. ROSENBAUM will lead discussion on the floor.

106

Chair Garrard

Closes the work session on HB 3144 and opens a work session on     HB 2910.

HB 2910 – WORK SESSION

112

Ross Day

Oregonians In Action.  Speaks to template dwellings in farm zones in support of HB 2910.

125

Glen Stonebrink

Affirms Day’s testimony in order to expand housing opportunities.

144

John Brosey

DLCD.  Submits (EXHIBIT G) and testifies in favor of HB 2910.  Addresses embedded parcels within EFU zones. 

170

Don Schellenberg

Submits (EXHIBIT H) and testifies that template tests are an efficient way of citing dwellings in a farm zone.

185

Carrie MacLaren

Submits (EXHIBIT I), (EXHIBIT J) and (EXHIBIT K) and testifies against HB 2910, as it will compromise high-value farmland within EFU zones.

211

Rep. Richardson

MOTION:  Moves HB 2910 to the floor with a DO PASS recommendation.

214

Rep. Doyle

Notes that he’ll give a courtesy vote to get the bill to the floor, but is reserving judgment and could change his vote on the floor.

223

 

VOTE:  4-3

AYE:               4 - Doyle, Richardson, Zauner, Garrard

NAY:               3 - Ackerman, Greenlick, Rosenbaum

238

Chair Garrard

The motion CARRIES.

REP. GARRARD will lead discussion on the floor.

241

Chair Garrard

Closes the work session on HB 2910 and opens a work session on       HB 3228.

HB 3228 – WORK SESSION

250

Ray Kelly

Summarizes HB 3228 and explains the effects of the -1 amendments (EXHIBIT L).

265

Art Schlack

Association of Oregon Counties (AOC).  Submits -2 amendments (EXHIBIT M) and explains the change in language in relation to    Goal 18.  Notes the wide-spread support for the -2 amendments.

286

Rep. Greenlick

 Asks for clarification that this legislation only applies to development before 1977.

288

Schlack

Affirms that is correct.

291

Rep. Greenlick

Asks the effects of ORS 396.40

300

Michael Carrier

ODPR.  Notes that ODPR does not necessarily support the bill, but finds the amendments to be acceptable.  Addresses the effects of      ORS 396.40.

318

Chair Garrard

Notes that Oregon Shores would prefer to see the legislation to be  amended and may introduce amendments in the Senate.

325

Randy Tucker

1000 Friends of Oregon.  States that the amendments do not change their position.  Reaffirms opposition to HB 3228.

337

Rep. Richardson

MOTION:  Moves to ADOPT HB  3228-2 amendments dated 4/14/03.

348

 

VOTE:  7-0

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

352

Chair Garrard

The motion CARRIES.

354

Rep. Richardson

MOTION:  Moves HB 3228 to the floor with a DO PASS AS AMENDED recommendation.

355

Rep. Rosenbaum

States that she is not comfortable with this bill in its present form and can not vote for its passage. 

369

 

VOTE:  6-1

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

NAY:               1 - Rosenbaum

379

Chair Garrard

The motion CARRIES.

REP. BROWN will lead discussion on the floor.

 

Chair Garrard

Closes the work session on HB 3228 and opens a work session on      HB 2369.

HB 2369 – WORK SESSION

393

Ray Kelly

Summarizes HB 2369.

423

Chair Garrard

Recesses the meeting.

425

Chair Garrard

Reconvenes the meeting.

TAPE 58, A

002

Rep. Tootie Smith

Submits (EXHIBIT N) and testifies in support of HB 2369, asserting that the bill will deal with the controlversial $80,000 test.

018

Rep. Doyle

Asks Rep. Smith about OFB’s opposition to the change.

022

Rep. Smith

States that she does not know what their opposition is based upon.

037

Rep. Ackerman

Asks about the intent of the bill and the clarification of the regulatory process.

050

Rep. Smith

States that the bill will cause DLCD to look at soil factors, rather than relying upon the arbitrary $80,000 test.

053

Rep. Ackerman

Asks for confirmation whether HB 2369 nullifies the $80,000 test.

055

Rep. Smith

Notes that the $80,000 test is an administrative rule, but not a law.

058

Rep. Ackerman

Restates his question of whether the rule would be nullified by this legislation.

061

Rep. Smith

Affirms that it is not.

063

Schellenberg

Notes that the bill has not changed.  States OFB’s opposition to the capability test.

074

Rep. Zauner

MOTION:  Moves HB 2369 to the floor with a DO PASS recommendation.

076

Rep. Richardson

States that the intent of the legislation is to get rid of the arbitrary $80,000 rule, although it is not explicitly stated in the bill.

081

Rep. Ackerman

States that he is taking Rep. Smith at her word and believes that this bill does not remove the $80,000 test.

086

Rep. Rosenbaum

States that a better system has not been proposed and therefore will vote no on HB 2369.

094

Rep. Greenlick

Notes that his district is greatly opposed to this legislation and will therefore be voting no.

107

 

VOTE:  5-2

AYE:               5 - Ackerman, Doyle, Richardson, Zauner, Garrard

NAY:               2 - Greenlick, Rosenbaum

114

Chair Garrard

The motion CARRIES.

REP. T. SMITH will lead discussion on the floor.

121

Chair Garrard

Closes the work session on HB 3228 and opens a work session on      HB 2614.

HB 2614 – WORK SESSION

123

Chair Garrard

Announces the -5 amendments (EXHIBIT O).

130

Rep. Zauner

MOTION:  Moves to ADOPT HB 2614-5 amendments dated 4/15/03.

132

Rep. Rosenbaum

Asks for an explanation of the -5 amendments.

136

Rep. Zauner

Notes that the -5 amendments are of the gut and stuff variety.  Submits (EXHIBIT P) – the map of Woodburn.

154

Rep. Greenlick

Asks about expansion of the urban growth boundary.

157

Rep. Zauner

References the letter from the City of Woodburn.

170

Rep. Ackerman

Asks about the design of the bill and who the proponents of the bill.

187

Rep. Zauner

Notes the landowner, Johnny Wise and the geography of Woodburn. 

205

Rep. Rosenbaum

States concern that this bill is different from the original.  Asks if any testimony will be forthcoming on the bill. 

222

Ray Kelly

Notes that there is a motion on the table

235

Rep. Doyle

Clarifies the rules for the committee.

255

Lolita Carl

Speaks in opposition to HB 2614 and states that the -5 amendments circumvents the process by which a city goes through to enlarge the urban growth boundary.

278

Roger Kaye

Testifies against the -5 amendments, as they set a poor precedent and would exacerbate congestion in the area.

320

Rep. Greenlick

Asks for confirmation of Woodburn’s capability regarding the rules.

324

Kaye

Discusses the process of transferring land from county to city. 

344

Carla Michaelson

Testifies in opposition to HB 2614.  Discusses the periodic review process and that this legislation circumvents that process. 

394

Theodora Tarbett.

Testifies in opposition to HB 2614 and notes that with businesses going out of business, we shouldn’t need to expand the urban growth boundaries.

430

Kay Peterson

Woodburn resident.  Opposes HB 2614 and the -5 amendments.  Affirms prior testimony and states that it takes citizens out of the process. 

TAPE 59, B

002

Cameron LaFollette

Friends of Marion County.  Affirms the prior testimony.    Notes that expansion of the urban growth boundary via HB 2614 would circumvent the entire public hearing process.

024

Rep. Zauner

Withdraws the motion to adapt the -5 amendments.

041

Chair Garrard

Closes the work session on HB 2614 and opens a work session on         HB 3521.

HB 3521 – WORK SESSION.

047

John Ledger

Associated Oregon Industries (AOI).  Speaks in opposition to HB 3521 in order to help spur economic growth in the state of Oregon.

084

Chair Garrard

Closes the work session on HB 3521 and adjourns the meeting at 10:16 A.M.

 

 

EXHIBIT SUMMARY

 

A – HB 3017, written testimony, Chad Johnson, 3 pp.

B – HB 3017, written information, Chad Johnson, 6 pp.

C – HB 3017, written information, Chad Johnson, 4 pp.

D – HB 3017, written testimony, Don Schellenberg, 1 p.

E – HJR 35, written testimony, Michael Carrier, 2 pp.

F – HJR 35, written testimony, Frank Jagodnik, 1 p.

G – HB 2910, written testimony, John Brosey, 3 pp.

H – HB 2910, written testimony, Don Schellenberg, 2 pp.

I – HB 2910, written information, Carrie MacLaren, 1 p.

J – HB 2910, written information, Carrie MacLaren, 1 p.

K – HB 2910 written testimony, Carrie MacLaren,

L – HB 3228, -1 amendments, staff, 1 p.

M – HB 3228, -2 amendments, Art Schlack, 3 pp.

N – HB 2369, written testimony, Rep. Tootie Smith, 1 p.

O – HB 2614, -5 amendments, Rep. Cliff Zauner, 1 p.

P – HB 2614, written information, Rep. Cliff Zauner, 2 pp.

 

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

 

Q – HJR 35, Jim Myron, 1 p.

R – HJR 35, Hilary Abraham, 1 p.

S – HJR 35, Stephen A. Bosak, 1 p.