HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

April 17, 2003 Hearing Room E

8:30 AM  Tapes 60 - 62

 

 

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

 

MEMBER EXCUSED:            Rep. Diane Rosenbaum

 

STAFF PRESENT:                  Ray Kelly, Committee Administrator

David Peffley, Committee Assistant

 

MEASURES HEARD:                     HB 3247 – Work Session

                                                HB 2860 – Work Session

                                                HB 3462 – Work Session

                                                HB 2912 – Work Session

                                                HB 3013 - Work Session                                               

                                                HB 3017 – Work Session

                                                HB 3561 – Work Session

                                                HB 3120 – Work Session

                                                HB 2607 – Work Session

                                                HB 3527 – Work Session

                                                HB 3315 – Work Session

                                                HB 3408 – Work Session

                                                HB 2898 - Work Session

                                                HB 3459 – 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 60, A

003

Chair Garrard

Calls the meeting to order at 8:39 and opens a work session on          HB 3247.

HB 3247 – WORK SESSION

010

Rep. Randy Miller

HD 37.  Submits the -2 amendments (EXHIBIT A) to HB 3247.

036

Chris Militas

Testifies that the current land use planning law makes it difficult to run a golf course and that HB 3247 is aimed at rectifying that problem.

066

Jack Borchardt

Langdon Farms Golf Course.  Testifies to the need to improve services for golfers.  Speaks with support for HB 3247 in order to conform the rules with the needs of the golfing patrons.

100

Rep. Greenlick

Asks for the clarification on the amendments.

110

Borchardt

States that the said changes are the extent of the amendments.

121

Carrie MacLaren

Speaks in opposition to the -2 amendments, stating that they are not congruent with the needs of farmland.

130

Roger Martin

Oregon Golfers Association.  Testifies in favor of HB 3247, citing the need to maintain golf course facilities.  Notes that both parties routinely hold fundraisers at Langdon Farms golf course.

148

Rep. Richardson

MOTION:  Moves to ADOPT HB 3247-2 amendments dated 3/31/03.

153

 

VOTE:  6-0

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

EXCUSED:  1 - Rosenbaum

155

Chair Garrard

The motion CARRIES.

157

Rep. Richardson

MOTION:  Moves HB 3247 to the floor with a DO PASS AS AMENDED recommendation.

163

 

VOTE:  6-0

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

EXCUSED:  1 - Rosenbaum

166

Chair Garrard

The motion CARRIES.

REP. ACKERMAN will lead discussion on the floor.

168

Chair Garrard

Closes the work session HB 3247 and opens a work session on               HB 2860.

HB 2860 – WORK SESSION

176

Jon Chandler

Legislative Advocates.  Addresses the -2 amendments (EXHIBIT B) to HB 2860 and notes that more amendments will be submitted, which will be amenable to 1000 Friends of Oregon.

186

Chair Garrard

Closes the work session on HB 2860 and opens a work session on     HB 3462.

HB 3462 – WORK SESSION

190

Chair Garrard

Notes the -1 amendments (EXHIBIT C), making HB 3462 a gut and stuff.

195

Andy High

House Majority Office.  Speaks in favor of HB 3462 in order to allow for sporting clays to be used on hunting preserves.

214

Matt Cyrus

Deschutes County.  Testifies in favor of HB 3462 and clarifies the use of the sporting clays. 

231

Rep. Zauner

MOTION:  Moves to ADOPT HB 3462-1 amendments dated 4/14/03.

233

Rep. Greenlick

Asks for clarification on the changes in the -1 amendments.

240

High

Addresses the changes and the language, revising the language in statute.

254

 

VOTE:  6-0

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

EXCUSED:  1 - Rosenbaum

255

Chair Garrard

The motion CARRIES.

261

Rep. Zauner

MOTION:  Moves HB 3462 to the floor with a DO PASS AS AMENDED recommendation.

271

 

VOTE:  6-0

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

EXCUSED:  1 - Rosenbaum

272

Chair Garrard

The motion CARRIES.

275

Rep. Zauner

MOTION:  Moves HB 3462 be placed on the CONSENT CALENDAR.

277

 

VOTE:  6-0

EXCUSED:  1 - Rosenbaum

278

Chair Garrard

Hearing no objection, declares the motion CARRIED.

280

Chair Garrard

Closes the work session on HB 3462 and opens a work session on          HB 2912.

The following prepared testimony is submitted for the record without public testimony for HB 3462.

 

Ted Lorensen

Submits (EXHIBIT Q) and (EXHIBIT R).

 

Chuck Craig

Submits (EXHIBIT S).

 

Andy High

Submits (EXHIBIT T).

HB 2912 – WORK SESSION

286

Chair Garrard

Announces a subsequent referral to ways and means as well as the               -4 amendments (EXHIBIT D).

291

Chandler

Addresses the -4 amendments and the concerns of the various proponents of the bill.  Notes that the bill is still not where it needs to be and will most likely be amended further.

311

Randy Tucker

1000 Friends of Oregon.  Submits (EXHIBIT E) and notes further the discussions with Chandler in working this legislation.  States that 1000 Friends are generally supportive of HB 2912.

374

Chandler

Discusses the -4 amendments further.

397

Rep. Zauner

MOTION:  Moves to ADOPT HB 2912-4 amendments dated 4/16/03.

411

 

VOTE:  6-0

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

EXCUSED:  1 - Rosenbaum

413

Chair Garrard

The motion CARRIES.

415

Rep. Zauner

MOTION:  Moves HB 2912 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

437

 

VOTE:  6-0

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

EXCUSED:  1 - Rosenbaum

442

 Chair Garrard

The motion CARRIES.

445

Chair Garrard

Closes the work session on HB 2912 and opens a work session on       HB 3013.

TAPE 61, A

HB 3013 – WORK SESSION

009

Chair Garrard

Announces the -1 amendments (EXHIBIT F)

014

Don Schellenberg

Oregon Farm Bureau (OFB).  Addresses the effects of the -1 amendments.

026

Rep. Richardson

MOTION:  Moves HB 3013 to the floor with a DO PASS recommendation.

027

 

VOTE:  6-0

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

EXCUSED:  1 - Rosenbaum

029

Chair Garrard

The motion CARRIES.

REP. RICHARDSON will lead discussion on the floor.

031

Chair Garrard

Closes the public hearing on HB 3013 and opens a work session on      HB 3017.

HB 3017 – WORK SESSION

037

Chair Garrard

Announces the -1 amendments (EXHIBIT G).

039

JL Wilson

Addresses the effects of the -1 amendments at the behest of Chad Johnson.  Addresses the issue of golf courses outside of urban growth boundaries (UGB’s) in order to prove that there is a precedent.

071

Rep. Zauner

MOTION:  Moves to ADOPT HB 3017-1 amendments dated 4/15/03.

078

 

VOTE:  5-1

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

NAY:               1 - Greenlick

EXCUSED:     1 - Rosenbaum

080

Chair Garrard

The motion CARRIES.

086

Rep. Zauner

MOTION:  Moves HB 3017 to the floor with a DO PASS AS AMENDED recommendation.

093

 

VOTE:  5-1

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

NAY:               1 - Greenlick

EXCUSED:     1 - Rosenbaum

094

Chair Garrard

The motion CARRIES.

REP. CLOSE will lead discussion on the floor.

096

Chair Garrard

Closes the work session on HB 3017 and opens a work session on         HB 3561.

HB 3561 – WORK SESSION

103

Ray Kelly

Summarizes HB 3561.

111

Greg Olson

Sheriff, Marion County Sheriff’s Office.  Testifies in support of        HB 3561 in order to site their office outside of the UGB.

130

Rep. Doyle

Asks Olson what facilities would be sited.

133

Olson

Replies the probation officers’ facilities would be sited.

135

Rep. Doyle

Asks if this legislation intends to site other facilities.

137

Olson

Replies that it doesn’t.

144

Rep. Doyle

Asks about other potential uses (like correctional facilities).

145

Olson

States that they wouldn’t be addressed at this site.

153

Schellenberg

Submits (EXHIBIT H) and testifies his concerns about HB 3561.  Notes that they don’t have a problem with conditional uses, but expresses concern for the precedent this might start.

176

Chair Garrard

Asks if the building is already standing.

180

Schellenberg

Restates their concern with the precedent set.

184

MacLaren

Opposes HB 3561 as written, as it would allow non-farm uses within Exclusive Farm Use (EFU) zones.

202

Rep. Greenlick

Asks for clarification about 1000 Friends’ opinion of conditional use.

206

MacLaren

Outlines concerns for the bill.

210

Rep. Greenlick

Asks if this bill could be worked out in the Senate. Also states concern for absolute authority vis-à-vis conditional use. 

220

Rep. Dalto

HD 21.  Testifies that this bill must be absolute and not a conditional use issue, for the greatest efficiency of the police force Notes that a conditional use is only good for six months.

262

Rep. Greenlick

Notes that the county can site a permit for as long as necessary.

274

John Powell

Oregon State Sheriff’s Association.  Notes that the Sheriffs and OFB are currently fleshing out the conditional use issue.

283

Rep. Greenlick

States his feeling that conditional use would solve the problem on all sides.

287

Rep. Dalto

Restates his concerns for the conditional use. 

300

Rep. Doyle

Asks for a clarification on language in the bill.

313

Powell

Gives clarification of his understanding.

320

Rep. Doyle

Restates his concern for the current language.

331

Rep. Dalto

Offers his interpretation.

335

Powell

Offers that language in the bill does seem to address 1000 Friends concerns regarding rural services.

360

Chair Garrard

Closes the work session on HB 3561 and opens a work session on        HB 3120

HB 3120 – WORK SESSION.

361

Chair Garrard

Announces the -2 amendments.

363

Kelly

Informs the committee that the Department of Consumer and Business Services (DCBS) will request that the subsequent referral to ways and means be rescinded.

373

Pat Allen

DCBS.  Speaks to -2 amendments which replace the original bill.  Addresses the fiscal impact of HB 3120.

411

Rep. Doyle

Asks Allen to confirm that there will be no additional fiscal impact.

415

Allen

Affirms that is correct.

417

Tom Gallagher

References ORS 183 and testifies that HB 3120 will streamline the rule-making process.

TAPE 60, B

002

Gallagher

Concludes testimony.  States that the Speaker’s office agreed to rescind the referral to ways and means.

022

Allen

Again comments on the -2 amendments.

025

Rep. Greenlick

Asks the effect of the deletion on Page 11.

030

Gallagher

Notes the relocation.

042

Rep. Richardson

MOTION:  Moves to ADOPT HB 3120-2 amendments dated 4/14/03, (EXHIBIT I).

049

 

VOTE:  6-0

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

EXCUSED:  1 - Rosenbaum

051

Chair Garrard

The motion CARRIES.

054

Rep. Richardson

MOTION:  Moves HB 3120 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on BE RESCINDED.

062

 

VOTE:  6-0

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

EXCUSED:  1 - Rosenbaum

063

Chair Garrard

The motion CARRIES.

066

Rep. Richardson

MOTION:  Moves HB 3120 to the floor with a DO PASS AS AMENDED recommendation.

071

 

VOTE:  6-0

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

EXCUSED:  1 - Rosenbaum

074

Chair Garrard

The motion CARRIES.

REP. GARRARD will lead discussion on the floor.

076

Chair Garrard

Closes the work session on HB 3120 and opens a work session on        HB 2607.

HB 2607 – WORK SESSION

068

Chair Garrard

Announces the -1 gut and stuff amendments (EXHIBIT J).

072

Kelly

Notes that the -1 amendments need further review by staff.

075

Chair Garrard

Recesses the meeting.

076

Chair Garrard

Reconvenes the meeting.

077

Kelly

Addresses the -1 amendments which replace original measure. 

105

Mulvihill

Washington County.  Speaks to the -1 amendments and announces that they plan to work the bill further in the Senate.

118

Rep. Richardson

Asks for clarification of the wording primary dwelling in the bill.

136

Ron Eber

DLCD. Testifies as to the questionable wording.  Reiterates the intention to continue to work the bill on the Senate side. 

145

Rep. Richardson

Asks if the bill can fixed in this committee.

147

Mulvihill

States his preference to work the bill on the Senate side.

151

MacLaren

1000 Friends.  Expresses comfort in working HB 2607 on the Senate side.  Offers support for the bill.

168

Rep. Greenlick

MOTION:  Moves to ADOPT HB 2607-1 amendments dated 4/17/03.

175

 

VOTE:  6-0

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

EXCUSED:  1 - Rosenbaum

177

Chair Garrard

The motion CARRIES.

183

Rep. Greenlick

MOTION:  Moves HB 2607 to the floor with a DO PASS AS AMENDED recommendation.

188

 

VOTE:  5-1

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

NAY:               1 - Richardson

EXCUSED:     1 - Rosenbaum

194

Chair Garrard

The motion CARRIES.

GREENLICK will lead discussion on the floor.

201

Chair Garrard

Closes the work session on HB 2607 and opens a work session on         HB 3527.

HB 3527 – WORK SESSION

207

Ray Kelly

Summarizes HB 3527.

210

Rep. Gallegos.

HD 29.  Submits (EXHIBIT K) and speaks with support for HB 3527 in order to induce business and create more jobs.

228

Rep. Ackerman

Asks how this process works.

230

Rep. Gallegos

Notes that she does not have the appropriate legal background to address the process.

250

Rep. Ackerman

Restates previous question.

273

Rep. Ackerman

Restates question on the separation of power and asks if this is a partial taking.

282

Keith Garza

Lead Appellate Staff Attorney, Oregon Supreme Court.  Submits (EXHIBIT L) and states that he can not offer an informed opinion to the question.

292

Harrison Connelly

Deputy Legislative Council.  Also asserts that he’d have to study the amendments more before venturing an opinion.

311

Chair Garrard

Closes the work session on HB 3527 and opens a work session on          HB 2860.

HB 2860 – WORK SESSION

314

Chair Garrard

Announces the -3 amendments (EXHIBIT M).

322

Ray Kelly

Notes that the -3 amendments supercede all previous amendments.

330

Chandler

Explains the merits of the -3 amendments.

352

Dave Hunnicutt

Oregonians In Action (OIA).  Offers support for the -3 amendments and offers to answer questions.

255

MacLaren

Concurs with the supports and expresses support for the                         -3 amendments.

400

Rep. Zauner

MOTION:  Moves to ADOPT HB 2860-3 amendments dated 4/17/03.

404

 

VOTE:  6-0

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

EXCUSED:  1 - Rosenbaum

411

Chair Garrard

The motion CARRIES.

421

Rep. Zauner

MOTION:  Moves HB 2860 to the floor with a DO PASS AS AMENDED recommendation.

431

 

VOTE:  6-0

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

EXCUSED:  1 - Rosenbaum

438

Chair Garrard

The motion CARRIES.

REP. RICHARDSOPN will lead discussion on the floor.

441

Chair Garrard

Closes the work session on HB 2860 and opens a work session on           HB 3315.

HB 3315 – WORK SESSION

447

Ray Kelly

Summarizes HB 3315.

TAPE 61, B

003

Rep. Richardson

Testifies in support of HB 3315 in order to give the rights back to property owners. 

021

Chair Garrard

Announces that no amendments will be forthcoming with regard to the present legislation.

030

Rep. Ackerman

Asks about the building permit process and the resumption of the right to build property on their own land.

035

Rep. Richardson

Explains the intention to restore the rights which were taken from them in the first place.

043

Rep. Ackerman

Asks follow up question regarding the court review process.

052

Rep. Richardson

Reaffirms the bureaucracy inherent in the current system and reiterates the intent to liberate the landowner from the onerous burden.

055

Rep. Ackerman

Asks Rep. Richardson to address the reasonable fees which would be eligible.

060

Rep. Richardson

States the intentions of HB 3315 regarding court litigations and notes that judges would be the ultimate arbitrators. 

069

Rep. Greenlick

Asks about rights versus due process and asks whether the judicial actions were legitimate.

074

Rep. Richardson

States that due process was not followed during the zoning changes during the early 1990’s.

085

Randy Tucker

1000 Friends.  States opposition to HB 3315.  Asserts that HB 3315 seriously undermines protections and thus oppose it.  Also questions the loopholes and drafting of this legislation.

120

John Brosey

Affirms support for HB 3315 and urges passage.

133

Schellenberg

OFB.  Submits (EXHIBIT N) and addresses policy issues and fairness issues.  States that this is better than other similar bills, but the non-farm dwellings issues still make OFB oppose it.  

166

Dave Hunnicutt

Testifies in support of HB 3315 to bring equity to the landowners who lost their rights. 

199

Ron Eber

DLCD. States concerns that the changes which have been working since 1993, will be undermined by this legislation and thus opposes   HB 3315.

211

Rep. Zauner

MOTION:  Moves HB 3315 to the floor with a DO PASS recommendation.

216

 

VOTE:  4-2

AYE:               4 - Doyle, Richardson, Zauner, Garrard

NAY:               2 - Ackerman, Greenlick

EXCUSED:     1 - Rosenbaum

219

Chair Garrard

The motion CARRIES.

REP. RICHARDSON will lead discussion on the floor.

221

Chair Garrard

Closes the work session on HB 3315 and opens a work session on         HB 3561.

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

 

Seth Karpinski

Submits (EXHIBIT U).

HB 3561 – WORK SESSION

222

Rep. Dalto

HD 21.  States that an amendment is being drafted to address Rep. Doyle’s concern.

229

Chair Garrard

Closes the work session on HB 3561 and opens a work session on        HB 3408.

HB 3408 – WORK SESSION

235

Chair Garrard

Announces the -1 amendments to HB 3408 (EXHIBIT O).

235

Ross Day

Oregonians In Action (OIA).  Addresses the effects of the                      -1 amendments and testifies in favor of HB 3408 with the -1 amendments.

265

MacLaren

States that they have not seen the -1 amendments, but testifies according to the memo regarding the amendments.  Opposes HB 3408 and the -1 amendments.

302

Art Schlack

Association of Oregon Counties (AOC).  Notes concern with HB 3408, but states that the -1 amendments alleviated those concern.   States that AOC now has no official opinion on HB 3408.

320

Rep. Richardson

States concern with a blank on Page 2 of the amendments.

330

Day

Clarifies that the blank should read 15 acres.

336

Hunnicutt

Points out that this amendment only applies to the two marginal lands counties in Oregon, Lane and Washington Counties.

343

Chair Garrard

Recesses the meeting

344

Chair Garrard

Reconvenes the meeting.

351

Rep. Doyle

MOTION:  Moves to AMEND HB  3408 on page 2, in line 2, after "than," insert "15".

362

Rep. Doyle

Addresses concerns regarding a possible fiscal impact to the bill.

385

 

VOTE:  4-1

AYE:               4 - Doyle, Richardson, Zauner, Garrard

NAY:               1 - Ackerman

EXCUSED:     2 - Greenlick, Rosenbaum

392

Chair Garrard

The motion CARRIES.

405

Rep. Doyle

MOTION:  Moves to ADOPT HB 3408-1 amendments dated 4/17/03.

415

Doyle

VOTE:  4-1

AYE:               4 - Doyle, Richardson, Zauner, Garrard

NAY:               1 - Ackerman

EXCUSED:     2 - Greenlick, Rosenbaum

416

Chair Garrard

The motion CARRIES.

424

Rep. Doyle

MOTION:  Moves HB 3408 to the floor with a DO PASS AS AMENDED recommendation.

436

 

VOTE:  4-1

AYE:               4 - Doyle, Richardson, Zauner, Garrard

NAY:               1 - Ackerman

EXCUSED:     2 - Greenlick, Rosenbaum

438

Chair Garrard

The motion CARRIES.

REP. ZAUNER will lead discussion on the floor.

441

Chair Garrard

Closes a work session on HB 3408 and opens a work session on           HB 3561.

HB 3561 – WORK SESSION

450

Rep. Zauner

MOTION:  Moves HB  3561 to the floor with a DO PASS recommendation.

458

 

VOTE:  5-0

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

EXCUSED:  2 - Rosenbaum, Greenlick

459

Chair Garrard

The motion CARRIES.

REP. DALTO will lead discussion on the floor.

461

Chair Garrard

Closes the work session on HB 3561 and opens a work session on          HB 2898.

TAPE 62, A

HB 2898 – WORK SESSION

015

Gary lynch

DOGAMI.  Submits (EXHIBIT P) and testifies that there is no known opposition to the legislation.

030

Rep. Richardson

MOTION:  Moves HB 2898 to the floor with a DO PASS recommendation.

038

 

VOTE:  5-0

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

EXCUSED:  2 - Rosenbaum, Greenlick

041

Chair Garrard

The motion CARRIES.

REP. BUTLER will lead discussion on the floor.

046

Chair Garrard

Closes the work session on HB 2898 and opens a work session on          HB 3459.

HB 3459 – WORK SESSION

049

Lynn Lundquist

Summarizes the effect and testifies in favor of HB 3459.

066

Rep. Zauner

MOTION:  Moves HB  3459 to the floor with a DO PASS recommendation.

069

 

VOTE:  5-0

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

EXCUSED:  2 - Rosenbaum, Greenlick

077

Chair Garrard

The motion CARRIES.

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

081

Chair Garrard

Closes the work session on HB 3459 and adjourns the meeting at 10:45.

 

 

EXHIBIT SUMMARY

 

A – HB 3247, -2 amendments, Rep. Randy Miller, 34 pp.

B – HB 2860, -2 amendments, Jon Chandler, 1 p.

C – HB 3462, -1 amendments, staff, 34 pp.

D – HB 2912, -4 amendments, 1 p.

E – HB 2912, written testimony, Randy Tucker, 2 pp.

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

G – HB 3017, -1 amendments, staff, 2 pp.

H – HB 3561, written testimony, Don Schellenberg, 1 p.

I – HB 3120, -2 amendments, staff, 13 pp.

J – HB 2607, -1 amendments, staff, 25 pp.

K – HB 3527, written testimony, Rep. Mary Gallegos, 1 p.

L – HB 3527, written testimony, Keith Garza, 2 pp.

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

N – HB 3315, written testimony, Don Schellenberg, 2 pp.

O – HB 3408, -1 amendments, staff, 36 pp.

P – HB 2898, written testimony, Gary Lynch, 1 p.

 

The following exhibits have been submitted out of order in the body of the tape log.

 

Q – HB 3462, written testimony, Ted Lorensen, 2 pp.

R – HB 3462, written testimony, Ted Lorensen, 2 pp.

S – HB 3408 and 3462, written testimony, Chuck Craig, 2 pp.

T – HB 3462, written testimony, Andy High, 1 p.

U – HB 3315, written testimony, Seth Karpinski, 1 p.