HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

May 1, 2003 Hearing Room E

8:30 AM  Tapes 69 - 70

 

 

MEMBERS PRESENT:            Rep. Bill Garrard, Chair

Rep. Dennis Richardson, Vice-Chair

Rep. Cliff Zauner, Vice-Chair

Rep. Robert Ackerman

Rep. Mitch Greenlick

Rep. Diane Rosenbaum

 

MEMBER EXCUSED:     Rep. Dan Doyle

 

STAFF PRESENT:                  Ray Kelly, Committee Administrator

Kelly Fuller, Committee Assistant

 

MEASURES HEARD:                     HB 2909 Work Session

                                                HB 3626 Public Hearing

 

 

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 69, A

HB 2909 – WORK SESSION

003

Chair Garrard

Calls the meeting to order at 8:48 and opens a work session on              HB 2909.  Announces the -3 amendments (EXHIBIT A).

005

Jon Chandler

Oregon Building Industry Association (OBIA).  Testifies in favor of HB 2909, introducing the intentions and effects of the -3 amendments.

066

Rep. Greenlick

Asks Chandler to address the substantive changes rather than the technical changes.

075

Chair Garrard

Comments to the significance of HB 2909 in attempting to streamline the land use system. 

080

Chandler

Begins presentation and comments on Page 6 of the -3 amendments.  Comments on services to cities and counties.

133

Rep. Greenlick

Asks if economic development is synonymous with employment.

135

Chandler

Responds to Rep. Greenlick’s question in relation to Goal 9.  Continues presentation by touching on periodic review.

174

Rep. Doyle

Asks Chandler to address the standardized goals checklist. 

180

Chandler

Gives background to the reasons for the checklist.

207

Rep. Doyle

Asks what the checklisted items are, and how they pertain to specific goals.

212

Chandler

Addresses Goal 10 as an example of a work task which would be checklisted.

230

Dan Cooper

Attorney, Metro.  Discusses the periodic review process as it relates to the checklist.

252

Rep. Richardson

Expresses concern for a standardized checklist and its burden on counties and cities.  Asks how the checklist will assist counties and cities, rather than impede them.

270

Linda Ludwig

League of Oregon Cities (LOC).  Notes that the process has not been completely worked out, but states their dedication to making it an efficient system.

285

Rep. Richardson

Restates skepticism on the idea of a checklist being of help rather than a hindrance.

290

Chandler

Addresses simplifying the public process and responds to                  Rep. Richardson’s concerns regarding burdens on smaller cities. 

419

Rep. Greenlick

Asks for clarification on Goals 6 and 7 and where Goal 5 fits in.

425

Chandler

Discusses Goal 5 and it’s importance.  Cross references the buildable lands inventory issue with the wetlands issue. 

TAPE 70, A

023

Rep. Greenlick

Comments on Goal 5 as it relates to Urban Growth Boundary (UGB) expansion. 

034

Cooper

Comments that Metro is continuing its Goal 5 adoption process and touches on its intricacies. 

055

Rep. Greenlick

Asks if Metro has a grant for Goal 5 application.

057

Cooper

States that he’s not sure, but remarks that Metro is spending much of their own money on Goal 5.

063

Chandler

Comments on Goal 5.  Continues his presentation, discussing periodic review.  Discusses Section 10-12

282

Cooper

Comments on implications on the LUBA process.  Addresses deadlines for appeals.

339

Rep. Rosenbaum

Asks whether OBIA or LOC plan to incorporate concerns of the Planning Directors Association in amending the bill further. 

345

Ludwig

Affirms that they will work their concerns into the amendments.

365

Ludwig

Recapitulates her argument in support of the bill.

396

Randy Franke

Chair, Land Conservation and Development Commission (LCDC). Testifies that LCDC’s goals can be met through HB 2909.  Addresses concerns which he’d like to see enacted. 

TAPE 69, B

002

Chair Garrard

Commends Franke for his work with Chandler and Ludwig on                HB 2909.

005

Rep. Richardson

Asks what factors have been taken into consideration while putting forth amendments.

018

Franke

Discusses population thresholds and growth rates and different approaches.

032

Rep. Richardson

States that he’d like to see LCDC have more flexibility to address case-by-case demographics.

039

Bob Rindy

Addresses the fiscal impact statement and notes that there will be no impact.

060

Art Slack

Association of Oregon Counties (AOC). Comments on the fiscal impact to the state.  Closes by noting that under the proposed legislation, local government will continue to subsidize the periodic review process.

086

Rep. Ackerman

References Page 8 and 9 of the -3 amendments and asks if it amounts to a substantive change in evaluation comprehensive plans

097

Rindy

Addresses process as it relates to economic development.

113

Rep. Richardson

MOTION:  Moves to ADOPT HB 2909-3 amendments dated 5/1/03.

116

 

VOTE:  6-0

EXCUSED:  1 - Doyle

118

Chair Garrard

Hearing no objection, declares the motion CARRIED.

121

Rep. Richardson

MOTION:  Moves HB 2909 to the floor with a DO PASS AS AMENDED recommendation.

126

 

VOTE:  6-0

EXCUSED:  1 - Doyle

128

Chair Garrard

Hearing no objection, declares the motion CARRIED.

REP. GARRARD will lead discussion on the floor.

130

Chair Garrard

Closes the work session on HB 2909 and opens a public hearing on         HB 3626.

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

 

Ken Gibb

Submits (EXHIBIT H)

HB 3626 - PUBLIC HEARING

147

Dave Riley

Submits written testimony in support of HB 3626 from

  • Mt. Hood Meadows (EXHIBIT B),
  • Anthony Lakes (EXHIBIT C),
  • Hood River County Chamber of Commerce (EXHIBIT D).

Testifies in favor of the bill as it would decrease the minimum acreage requirement for destination resorts. 

220

Ken Maddox

Submits (EXHIBIT E) and testifies in opposition of HB 3626.  Asserts that the legislation is aimed at creating residential development for special interest groups.

273

Mike McCarthy

Submits (EXHIBIT F) and testifies in opposition to HB 3626 as it will compromise high value farm land.

320

Rep. Greenlick

Cites the concerns of the agricultural community in his own district and asks McCarthy to expand upon the effect on farming.

340

McCarthy

Offers a personal anecdote on how his farms and land will be adversely affected.  

TAPE 70, B

005

Jay Ward

Natural Resources Council.  Testifies in opposition of HB 3626 in that it would fundamentally change the methodology by which Oregon has historically cited Destination Resorts.

036

Carrie MacLaren

1000 Friends of Oregon.  Submits (EXHIBIT G) and testifies in opposition to HB 3626.  States concerns to the bill which would change the character of destination resorts.

080

Don Schellenberg

Oregon Farm Bureau (OFB).  Affirms that HB 3626 is being driven by a single issue.  Points out OFB’s concerns and opposes HB 3626.

129

Rep. Greenlick

Asks for confirmation on the size of forty acres.

136

Senator Jason Atkinson

SD 2.  Attests that HB 3626 would do away with a double standard in Oregon and speaks in support of HB 3626.  

195

Rep. Greenlick

Asks for confirmation on the effects of consistency in application.

200

Sen. Atkinson

Restates that this legislation will improve consistency.

214

Charlie Williamson

Attorney, Portland.  Asserts that HB 3626 changes the rules in the middle of the game in favor of a large developer.

255

Chair Garrard

Closes the public hearing on HB 3626 and adjourns the meeting at           10:40 A.M.

The following prepared testimony was submitted for the record without public testimony for HB 3626.

 

John Ledger

Submits (EXHIBIT I).

 

Paige Rouse

Submits (EXHIBIT J).

 

 

 

 

 

EXHIBIT SUMMARY

 

A – HB 2909, -3 amendments, staff, 26 pp.

B – HB 3626, written testimony, Dave Riley, 3 pp.

C – HB 3626, written testimony, Dave Riley, 2 pp.

D – HB 3626, written testimony, Davie Riley, 1 p.

E – HB 3626, written testimony, Ken Maddox, 2 pp.

F – HB 3626, written testimony, Mike McCarthy, 2 pp.

G – HB 3626, written testimony, Carrie MacLaren, 1 p.

 

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

 

H – 2909, written testimony, Ken Gibb, 2 pp.

I – HB 3626, written testimony, John Ledger, 1 p.

J – HB 3626, written testimony, Paige Rouse, 1 p.