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.