HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

April 24, 2003 Hearing Room E

8:30 AM Tapes  65 - 66

 

 

MEMBERS PRESENT:            Rep. Bill Garrard, Chair

Rep. Dennis Richardson, Vice-Chair

Rep. Robert Ackerman

Rep. Dan Doyle

Rep. Mitch Greenlick

Rep. Diane Rosenbaum

 

MEMBER EXCUSED:            Rep. Cliff Zauner, Vice-Chair

 

STAFF PRESENT:                  Ray Kelly, Committee Administrator

David Peffley, Committee Assistant

 

MEASURES HEARD:                     HB 2468 – Work Session

                                                SB 94A – Public Hearing and Work Session

                                                SB 251A – Public Hearing and Work Session

                                                HB 2909 – 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 65, A

003

Chair Garrard

Calls meeting to order at 8:48 and opens a work session on HB 2468.

HB 2468 – WORK SESSION

012

Ray Kelly

Summarizes the -4 amendments (EXHIBIT A).

030

Rep. Bob Jenson

Announces that the -4 amendments are of the gut and stuff variety.  States that HB 2468 -4 gives ODFW additional tools to manage wildlife.  Speaks to animals on the Oregon Endangered Species Act (ESA) which should be removed from the list. 

139

Chair Garrard

Recesses the work session on HB 2468 and opens a public hearing on SB 94A.

SB 94A – PUBLIC HEARING

145

Senator Ferrioli

Testifies in favor of SB 94A which addresses concerns stated by the cities of Eugene and Portland.  Addresses the changes in the               A-engrossed version.

186

Rep. Greenlick

Asks for clarification on Item B on Line 19.

195

Sen. Ferrioli

Clarifies the issue for Rep. Greenlick.  Continues testimony on the      A-engrossed changes.

250

Douglas Hardy

City of Portland.  Submits (EXHIBIT B) and testifies in support of       SB 94A.  Addresses the effects of the bill and the implications of the 120-day clock.

313

Rep. Greenlick

Asks for clarification on the timeline.

318

Hardy

Clarifies the timeline for Rep. Greenlick.

331

Rep. Greenlick

Asks for clarification of the fourth possibility and whether it starts the clock or not.

350

Hardy

Addresses the fourth possibility and the 180-day clock.

373

Rep. Greenlick

Expresses concern that the bill does not clarify the issue.

381

Marge Kafoury

City of Portland.  Clarifies the issue for Rep. Greenlick and continues with the developmental history of the bill.

410

Linda Ludwig

League of Oregon Cites (LOC).  Indicates support for SB 94A.  States that it does produce some clarity and certainty.

425

Jon Chandler

Reaffirms Kafoury’s assertion that the bill was worked out amongst a widespread coalition.

458

Chair Garrard

Closes the public hearing on SB 94A and opens a work session on         SB 94A.

TAPE 66A

SB 94 A – WORK SESSION

004

Rep. Rosenbaum

MOTION:  Moves SB 94A to the floor with a DO PASS recommendation.

009

 

VOTE:  5-0

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

EXCUSED:  2 - Doyle, Zauner

012

Chair Garrard

The motion CARRIES.

013

Rep. Garrard

MOTION:  Moves SB 94A be placed on the CONSENT CALENDAR.

014

 

VOTE:  5-0

EXCUSED:  2 - Doyle, Zauner

015

Chair Garrard

Hearing no objection, declares the motion CARRIED.

017

Chair Garrard

Closes the work session on SB 94A and reopens a work session on      HB 2468.

The following prepared testimony was submitted for the record without public testimony for SB 94A.

 

Jason Heuser

Submits (EXHIBIT E)

HB 2468 – WORK SESSION

020

Jim Myron

States the Governor’s support for HB 2468 with the -4 amendments.

045

Roy Elicker

Deputy Director, Oregon Department of Fish and Wildlife (ODFW).  Submits (EXHIBIT C) and addresses the changes brought about by the -4 amendments to HB 2468, notably that a plan must be provided in order to remove a species from the ESA.

105

Rep. Richardson

Asks if there is any opposition to the -4 amendments.

109

Elicker

States that not all parties have seen the amendments, thus he’s not sure.

120

Rep. Richardson

Asks why the current language is being amended.

127

Ron Anglin

ODFW.  Explains the change in language as providing ODFW with more flexibility.

135

Rep. Rosenbaum

Asks about the change in language at the bottom of Page 11.

141

Anglin

States that this passage mirrors federal language and states the reasons for its inclusion.

149

Rep. Rosenbaum

States concern that this language seems arbitrary.

152

Anglin

Addresses Rep. Rosenbaum’s concern. 

162

Elicker

Reaffirms the fact that the bill mirrors federal language. 

176

Steven Kafoury

Wildlife Society.  Comments that his wildlife biologists haven’t had a chance to see the amendments and asks for a 24-hour review.  States some initial concerns with the amendments. 

260

Chair Garrard

States the intent to move the bill this morning due to time factors and hopes that Kafoury’s concerns will be addressed on the Senate side.

272

Kafoury

Asks for Chair Garrard’s permission to use his name in Senate negotiations.

280

Martin Taylor

Sierra Club.  Also states that he’d like time for the Sierra Club to look at the amendments, but his initial impression is that they may be acceptable.  States two potential concerns with the -4 amendments.

351

Rep. Greenlick

States that he’d like to understand the the drafters’ intentions with regard to the language.

359

Rep. Doyle

States that he believes that legal council will alleviate Taylor’s concerns.  Asks Greg Chaimov from Legislative Council to clarify the language.

392

Greg Chaimov

Legislative Council.  Clarifies the intent of the language.

406

Taylor

Addresses another concern contained in Section 2 relating to take.

426

Al Elkins

Oregon Hunter’s Association (OHA).  States that OHA’s concerns can probably be worked out in the Senate.

433

Greg Addington

Also states that they would like to move the bill and work on fine-tuning the legislation in the Senate.

445

Glen Stonebrink

Also states that they would like to work on the bill in the Senate. Expresses concern for the costs involved in potential recovery as mentioned in the bill.

TAPE 65, B

013

Stonebrink

Continues testimony on concerns he would like to address in the Senate.

029

Rep. Greenlick

States that good work has been done on this bill and affirms that he will vote to move it along. 

036

Rep. Doyle

MOTION:  Moves to ADOPT HB 2468-4 amendments dated 4/24/03.

040

Rep. Ackerman

Comments on the amended language.

044

 

VOTE:  6-0

EXCUSED:  1 - Zauner

045

Chair Garrard

Hearing no objection, declares the motion CARRIED.

048

Rep. Doyle

MOTION:  Moves HB  2468 to the floor with a DO PASS AS AMENDED recommendation.

051

 

VOTE:  6-0

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

EXCUSED:  1 - Zauner

052

Chair Garrard

The motion CARRIES.

REP. JENSON will lead discussion on the floor.

055

Chair Garrard

Closes the work session on HB 2468 and opens an public hearing on SB 251A

SB 251A – PUBLIC HEARING

063

Ray Kelly

Committee Administrator.  Summarizes SB 251A.

076

Bob Rindy

Department of Land Conservation and Development (DLCD). Notes that this bill is an amendment of a flaw in the  legislation from the 2001 session.  Testifies in favor of SB 251 as correcting the aforementioned problem.

115

Rep. Greenlick

Asks for clarification on the correction in this bill.

122

Rindy

States that the changes would not force DLCD to change their practices.

133

Rep. Greenlick

Asks for further clarification with regard to manufactured housing.

142

Rindy

Addresses the intended changes in the ORS and that the real changes are in Line 11.

156

Rep. Ackerman

Asks if there is an inconsistency in Section 1 as stated.

170

Rindy

Clarifies Section 1 as it relates to ORS 197.296.

180

Rep. Ackerman

States that he still questions the consistency.

 196

Jon Chandler

Legislative Advocates.  Clarifies intent and reiterates Rindy’s assertion that the intent is to correct a legislative wrong.

222

Rep Ackerman

Thinks that there could be a better way to address this issue, but understand the concern.

230

Rep. Greenlick

References the ORS and asks for further delineation of the wording involved.

235

Chandler

Clarifies the questionable wording.

242

Rep. Greenlick

Asks if the North Plains’ decision had any bearing on this legislation.

247

Rindy

Addresses the North Plains’ case and the decision.

262

Chair Garrard

Asks Linda Ludwig’s opinion of these changes.

271

Linda Ludwig

League of Oregon Cities (LOC). States that LOC did not take a position on this bill and that they continue not to take a position.

290

Rep. Greenlick

Asks for further confirmation on LCDC’s jurisdiction.

304

Ludwig

Gives precedent for this case.

314

Rindy

Expresses LCDC’s concern of the effect of not passing this bill.

320

Rep. Greenlick

Asks if LCDC has taken the necessary action.

327

Rindy

Replies that theoretically, they have.

338

Rep. Greenlick

Asks for further clarification.

368

Rindy

States legislative intent.

376

Rep. Greenlick

States that he is becoming a little more comfortable with this issue.

404

Chair Garrard`

Closes the public hearing on SB 251A and opens a work session on     SB 251A.

SB 251A – WORK SESSION

411

Rep. Doyle

MOTION:  Moves SB 251A to the floor with a DO PASS recommendation.

414

 

VOTE:  5-0

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

EXCUSED:  2 - Richardson, Zauner

422

Chair Garrard

The motion CARRIES.

431

Rep. Doyle

MOTION:  Moves SB  251A be placed on the CONSENT CALENDAR.

435

 

VOTE:  5-0

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

EXCUSED:  2 - Zauner, Richardson

438

Chair Garrard

The motion CARRIES.

440

Chair Garrard

Closes the work session on SB 251A and opens a work session                 HB 2909.

HB 2909

4440

Ray Kelly

Committee Administrator.  Announces the -2 amendments     (EXHIBIT D).

TAPE 66, B

010

Jon Chandler

States that even with the amendments, HB 2909 needs more work, which they hope to address on the Senate side.   Gives the present state of the bill.

059

Chair

Asks if one week is enough time to address the necessary changes.  Recesses the meeting at about 10:20.

059

Chair

Reconvenes the meeting at 10:26 and announces that Chandler has until next Thursday to bring the bill together. Closes the works session and adjourns the meeting at 10:27 A.M.

 

EXHIBIT SUMMARY

 

A – HB 2468, -4 amendments, staff, 12 pp.

B – SB 94A, written testimony, Douglas Hardy, 6 pp.

C – HB 2468, written testimony, Roy Elicker, 2 pp.

D – HB 2909, -2 amendments, staff, 35 pp.

 

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

 

E – SB 94A, written testimony, Jason Heuser, 1 p.