HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

April 22, 2003 Hearing Room E

8:30 AM Tapes  63 - 64

 

 

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:                     SB 310 –Work Session

                                                HB 2849 – Reconsideration and Work Session

                                                SB 667A – 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 63, A

003

Chair Garrard

Calls the meeting to order at 8:42 a.m.  Announces that the amendments to HB 2849 will be available after 10:00 a.m. and opens a work session on SB 310.

SB 310 – WORK SESSION

033

Ray Kelly

Summarizes SB 310.

051

Chair Garrard

Introduces (EXHIBIT A) submitted by Friends of the Columbia Gorge.  Recesses the meeting at 8:47. 

056

Chair Garrard

Reconvenes the meeting.

058

Chair Garrard

Closes the work session on SB 310 and opens a reconsideration and work session on HB 2849.

HB 2849 – RECONSIDERATION AND WORK SESSION

063063

Rep. Zauner

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering the vote on HB 2849.

066

 

VOTE:  7-0

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

069

Chair Garrard

The motion CARRIES.

073

Rep. Zauner

MOTION:  Moves to RECONSIDER the vote by which HB 2849 was sent to the floor with a DO PASS recommendation."

076

 

VOTE:  7-0

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

087

Chair Garrard

The motion CARRIES.

094

Chair Garrard

Closes the reconsideration of HB 2849 and opens the work session on     SB 310.

SB 310 – WORK SESSION

101

Sen. Ferrioli

Sponsor of the legislation testifies with support for SB 310 as to standardize the presumed preemption and make all counties compliant.

194

Rep. Rosenbaum

Asks Senator Ferrioli whether he has sought advice from legal counsel.

198

Sen. Ferrioli

Asserts that he has and informs the committee of the advice they have given.

220

Rep. Rosenbaum

Cites written testimony and asks about any constitutional conflicts.

225

Sen. Ferrioli

Refers to the preemption.

241

Rep. Greenlick

References the Staff Measure Summary and asks about the reasonable time extension request as it relates to the ORS.

250

Sen. Ferrioli

States that it will remain unchanged.

254

Rep. Greenlick

Asks about consequences and their viability.

262

Sen. Ferrioli

Speaks to the appeal process and due process.

279

Rep. Ackerman

States his view that there is no preemption with relation to this bill.  Gives legal explanation to his support for SB 310 and concurs with Senator Ferrioli’s legally correct logic.

311

Rep. Richardson

Adds insight to the U.S. Constitution’s enumeration clause as it relates to states’ jurisdiction.

320

Chair Garrard

Closes the invited testimony portion of the work session on SB 310

329

Rep. Ackerman

MOTION:  Moves SB  310 to the floor with a DO PASS recommendation.

331

Rep. Rosenbaum

Asks the committee administrator what the vote count was in the Senate on SB 310.

333

Ray Kelly

Answers that the vote was 19-9 with two excused for business.

358

 

VOTE:  7-0

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

362

Chair Garrard

The motion CARRIES.

REP. ACKERMAN will lead discussion on the floor.

366

Chair Garrard

Closes the work session on SB 310 and opens a work session on           SB 667A.

SB 667A – WORK SESSION

380

Ray Kelly

Summarizes SB 667A.

390

John DiLorenzo

Western Fireworks Display, Inc.  Submits (EXHIBIT B) and testifies in favor of SB 667A which will allow Western Fireworks to continue operation in a manner which doesn’t alter our current land use planning system.

TAPE 64, A

013

DiLorenzo

Continues testimony.  Addresses the compromise reached with 1000 Friends which allowed the present legislation to come forth. Also states that Oregon Farm Bureau (OFB) has no objections with the legislation.

062

Rep. Wayne Scott

HD 39.  Testifies in favor of SB 667A.  Offers a brief history of Western Fireworks and its importance to the community of Canby.

086

Rep. Ackerman

Asks about the conditional use process in the case of the passage of            SB 667A.

090

DiLorenzo

Replies that is correct.

093

Rep. Ackerman

Asks if the permits are granted for a specified period of time.

098

DiLorenzo

Notes that the permits are issued for a lengthy but finite period of time.

108

Bill Zuber

Clackamas County Christmas tree farmer.  Submits (EXHIBIT C) and states that he previously was denied a fireworks manufacturing permit.  Opposes SB 667A in that it would benefit only one business, although he would support an amended, more inclusive version which would address the issues of other business owners such as his own.

180

Rep. Richardson

States that Zuber is mixing separate issues and recommends taking an all-inclusive approach.

196

Zuber

States that he is trying to do just that.

212

Laura Borders

States that she would support passage of a revised amendment along the lines of those suggested by Rep. Richardson to help other businesses.

230

Chair Garrard

States that they will bring the bill back for another work session when Senator Schrader can address the committee.

238

DiLorenzo

States that he doesn’t necessarily oppose making the bill more inclusive, however addresses his opinion that all parties seem to be pleased with the present legislation and that it is a good bill.

268

Robert Gobet

Western Fireworks.  Addresses Western Fireworks standing with regard to regulations and inspections.

291

Rep. Zauner

States concern of the issue of fairness and asks DiLorenzo if he could deal with the previously-mentioned concerns of the opponents of the bill.

300

DiLorenzo

States that they are neutral to that idea, but that other interest groups might need to address this issue. Speaks to the reality of jobs being lost if this does not pass. 

321

Chair Garrard

Closes the invited testimony SB 667 and opens a work session on         HB 2849.

HB 2849 – WORK SESSION

333

Ray Kelly

Explains the -2 amendments (EXHIBIT D) to HB 2849.

350

Dave Hunnicutt

Speaks to the -2 amendments and what they are attempting to address.

TAPE 63, B

005

Hunnicutt

Continues testimony in support of HB 2849.  Asserts that the amendments pay heed to Land Use Planning Goals.

098

Rep. Richardson

Expresses support for HB 2849 and offers support for the public policy direction in which this legislation heads.

107

Rep. Greenlick

Asks for clarification on shall, may, and must contained in Page 1 Line 11.

120

Hunnicutt

Addresses Rep. Greenlick’s concern as it relates to farm zones.

133

Rep. Greenlick

Asks for clarification on the general policy directive of HB 2849.

151

Hunnicutt

Addresses the requirement that zones be rural in nature.  Also states that these farm zones are not likely to be situated in Exclusive Farm Use (EFU) zones.  Notes implications on Measure 30, dealing with counties, and that the legislation is likely to require a subsequent referral to ways and means.

191

Rep. Richardson

Asks if the subsequent referral would still be required if the shall were to be changed to may.

200

Hunnicutt

Replies that it still would.  Responds to resource designations and the compromises arrived at.

218

Art Schlack

Association of Oregon Counties (AOC).  States that it is clear that the   -2 amendments create an unfunded mandate.  States that AOC would have to oppose this bill with the -2 amendments. Asserts that discretionary regional problem solving is AOC’s preferred approach.

266

Randy Tucker

1000 Friends of Oregon.  States that 1000 Friends still oppose the bill, but appreciate the work Hunnicutt has done to improve the legislation. 

300

Chair Garrard

References Klamath Falls and offers his interpretation of the bill.

314

Tucker

States agreement with the Chair’s interpretation, yet states that their opposition stems from urban development outside of urban growth boundaries (UGB). 

353

Chair Garrard

Asks about 1000 Friends’ opposition siting parcels on non-resource land.

360

Tucker

States that there still need to be standards in the development of non-resource lands.

400

Ron Eber

Department of Land Conservation and Development (DLCD).  Addresses concerns with regards to rural and coastal zones.

430

Tucker

Adds that HB 2849 is not the best use of funds to address development.

TAPE 64, B

012

Rep. Zauner

MOTION:  Moves to ADOPT HB  2849-2 amendments dated 4/22/03.

018

 

VOTE:  7-0

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

020

Chair Garrard

The motion CARRIES.

024

Rep. Zauner

MOTION:  Moves HB  2849 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.

029

 

VOTE:  5-2

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

NAY:               2 - Greenlick, Rosenbaum

030

Chair Garrard

The motion CARRIES.

 

Chair Garrard

Closes the work session on HB 2849 and re-opens the work session  on SB 667A.

SB 667-A WORK SESSION

034

Rep. Doyle

MOTION:  Moves SB 667A to the floor with a DO PASS recommendation.

041

 

VOTE:  7-0

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

042

Chair Garrard

The motion CARRIES.

REP. SCOTT will lead discussion on the floor.

051

Chair Garrard

Closes the work session on SB 667A and adjourns the meeting at   10:18 A.M.

 

 

EXHIBIT SUMMARY

 

A – SB 310, written testimony, Chairman Bill Garrard, 4 pp.

B – SB 667A, written testimony, John DiLorenzo, 48 pp.

C – SB 667A, written testimony, Bill Zuber, 4 pp.

D – HB 2849, -2 amendments, staff, 2 pp.