HOUSE COMMITTEE ON

ENVIRONMENT AND LAND USE

 

 

May 08, 2003 Hearing Room  E

9:00 AM Tapes  73 - 74

 

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:                     HB 3408 – Reconsideration and Work Session

                                                HB 2617 – Work Session

HB 2899 – 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 73, A

003

Chair Garrard

Calls the meeting to order at 9:14 and opens a reconsideration and work session on HB 3408 A

HB 3408 A – RECONSIDERATION AND WORK SESSION

008

Rep. Zauner

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering the vote on HB 3408A.

010

 

VOTE:  7-0

011

Chair Garrard

Hearing no objection, declares the motion CARRIED.

012

Rep. Zauner

MOTION:  Moves to RECONSIDER the vote by which HB 3408 was passed to the floor with a DO PASS recommendation.

016

 

VOTE:  7-0

017

Chair Garrard

Hearing no objection, declares the motion CARRIED.

020

Ray Kelly

Announces the A6 amendments (EXHIBIT A).

027

Rep. Zauner

MOTION:  Moves to ADOPT HB 3408A-6 amendments dated 5/2/03.

030

 

VOTE:  7-0

032

Chair Garrard

Hearing no objection, declares the motion CARRIED.

033

Rep. Zauner

MOTION:  Moves HB 3408A to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Rules.

034

Rep. Ackerman

Speaks with disapproval to a report stating that one of those testifying before the committee had a financial vested interest which he did not disclose. 

057

Chair Garrard

Recesses the meeting at 9:18. 

058

Chair Garrard

Reconvenes the meeting at 9:27 and notes that Rep. Ackerman’s motion will not be able to be considered.

071

 

VOTE:  7-0

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

EXCUSED:  1 – Greenlick*

074

Chair Garrard

The motion CARRIES.

077

Rep. Greenlick

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. GREENLICK to BE RECORDED as voting AYE on the motion to move HB 3408A to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on
Rules.

086

Chair Garrard

Chair closes the work session on HB 3408A and opens a work session on HB 2617.

HB 2617– WORK SESSION

088

Ray Kelly

Committee Administrator.  Summarizes HB 2617 and announces the -2 amendments (EXHIBIT B).

101

Doug Riggs

Central Oregon Cities Association  Summarizes the need for HB 2617, including the -2 amendments.  Submits (EXHIBIT C) – a summary of the changes contained in HB 2617-2 and attests to the concerns addressed in the -2 amendments. 

161

Rep. Greenlick

Asks Riggs to explain Section 3A and its effects.

170

Riggs

Replies that the amendment supercedes the needs justification provision.

176

Rep. Zauner

Asks why he was unable to move a similar bill having to do with his district, HD 22, encompassing Woodburn.

188

Riggs

States that HB 2617 attempts to pragmatically address this specific concern, not that of Woodburn.

205

Rep. Ackerman

Asks about Lines 18-24 in the -2 amendments.

221

Riggs

Addresses the need for large industrial sites and concerns addressed by Lines 18-24.

248

Rep. Ackerman

Asks if this bill would make the need for the appeals process relatively moot.

253

Riggs

Responds affirmatively and notes that this legislation would not do away with the ability to appeal if necessary.

265

Rep. Rosenbaum

Asks about study and application.

267

Riggs

Defers to David Hales.

274

Rep. Greenlick

Asks Riggs to elaborate on the traded sector concept.

283

Riggs

Explains that that concept was arrived at by the work group.

300

David Hales

City Manager and City Councilman, Bend.  Submits (EXHIBIT D) and testifies in favor of HB 2617 in that it means more jobs in Bend where many have been lost recently.

381

Rep. Doyle

Asks Hales for clarification on a figure.

387

Hales

Continues his testimony, focusing on the need to create living-wage jobs in Bend.

TAPE 74, A

005

Rep. Greenlick

Asks about the failed study which compromised Bend’s situation.

010

Hales

Clarifies the problems with the study.

014

Rep. Greenlick

Asks if the need case was part of the study.

020

Hales

Speaks to the genesis of the study.

026

Rep. Greenlick

Asks how much land has been approved for industrial land.

028

Hales

Explains the sizes of land tracts and the process of parceling land.

035

Rep. Greenlick

Asks if there is anything in this bill which would prevent problems in the future.

044

Riggs

Reaffirms that the intention is not to create strip malls.

053

Rep. Zauner

States his understanding of the problem facing Bend, but struggles with the issue since Woodburn is unable to do the same.

062

Riggs

Speaks about other bills which might help the case of Woodburn. 

077

Harlan Levy

Associated Oregon Realtors (AOR).  States support for the amendments which are friendly to HB 2617, supported by AOR.

080

Jon Chandler

Legislative Advocates.  Commends the -2 amendments to HB 2617. 

112

Linda Ludwig

League of Oregon Cities (LOC).  Lends support to HB 2617 and notes that it is a great pilot project and addresses the uniqueness of this situation and applicability to a pilot project.

131

Rep. Greenlick

States concern for other groups being able to get their hands on these parcels of land.

144

Chandler

States that the land would be owned by the city, who has a direct stake in making sure that it is used for industrial lands.

172

Bob Rindy

Department of Land Conservation and Development (DLCD).  Notes the state shortage of industrial land and remarks that DLCD sees a need for industrial land and does not oppose HB 2617. 

203

Rep. Doyle

Asks how the commission would interpret the six sites called for in the bill.

213

Rindy

States that he is not sure what six sites the bill is referring to.  Believes that the case is first-come, first-serve.

217

Rep. Doyle

Expresses concern about HB 2617 as addressing a specific interest, as opposed to a broad policy issue.

221

Rindy

Responds that he believes that this legislation is broader than it might appear.

238

Rep. Doyle

Asks how this bill fits into the concept of bringing more lands into urban growth boundaries (UGB) in general.

244

Rindy

States that he doesn’t believe that this bill circumvents the hierarchy process and believes that it would be innocuous to the process.

261

Randy Tucker

Notes support for Chandler’s other shovel-ready legislation, but announces opposition to HB 2617.  Addresses Rep. Zauner’s concern.

311

Ann Wheeler

Friends of Bend.  Testifies in opposition to HB 2617.  Notes that Bend has been working on UGB expansion and believes the process to be adequate to the task of siting industrial sites.    

407

Kate Kimball

1000 Friends of Oregon.  States concerns for the bill which seems to contradict task-force findings.  Addresses concerns for piece-meal planning, which this bill appears to do.

470

Rep. Greenlick

Asks Kimball if she is in agreement with Riggs’ testimony on needs analysis.

TAPE 73, B

003

Kimball

Asserts that HB 2617 short circuits Goal 14 and Goal 2.  Affirms that she  disagrees with LCDC’s analysis.

008

Rep. Greenlick

Reaffirms his belief that this bill only deals with the need question.

011

Kimball

Discusses site analysis and concludes by restating her chief concerns.

025

Chair Garrard

Asks if Kimball is speaking to the whole of Oregon or just six sites.

030

Kimball

Clarifies her remarks regarding the six sites.

035

Tucker

Notes that 1000 Friends has other representatives.

041

Chair Garrard

Expresses concern that Kimball might have been speaking to all of Oregon.

043

Riggs

Makes closing remarks and addresses Rep. Greenlick’s concern.

069

Art Schlack

Association of Oregon Counties (AOC).  Notes that this bill is a work in progress and supports it.  

086

Rep. Rosenbaum

Notes that this is the first the committee has heard that this is a work in progress.

090

Schlack

Addresses coordination and UGB amendments which may come forth.

100

Riggs

Details areas in the bill which need work, specifically Southern Oregon issues and soil types.  Affirms that these areas will be worked on with OFB and cities and counties.

120

Rep. Richardson

MOTION:  Moves to ADOPT HB 2617-2 amendments dated 5/7/03.

124

Rep. Greenlick

States that he will vote to move the bill out of committee but may vote against it on the floor.  Addresses shovel-ready land, that we need it and will work for it, but has concerns with this bill in particular. Notes that he wants need analysis added to the bill.

145

Rep. Ackerman

Reaffirms Rep. Greenlick’s sentiments. 

151

 

VOTE:  7-0

152

Chair Garrard

Hearing no objection, declares the motion CARRIED.

154

Rep. Richardson

MOTION:  Moves HB 2627 to the floor with a DO PASS AS AMENDED recommendation.

155

Rep. Rosenbaum

States that she is a nay vote, just to give it more consideration.  Notes that she may change her vote on the floor to an aye vote.

166

Rep. Zauner

States that he will vote aye, but reasserts that the similar bill dealing with Woodburn should receive consideration.

174

Rep. Doyle

States that he will vote aye, based on Rindy’s testimony and with Riggs working with OFB.

174

 

VOTE:  6-1

AYE:               6 - Ackerman, Doyle, Greenlick, Richardson, Zauner, Garrard

NAY:               1 – Rosenbaum

 

182

Chair Garrard

The motion CARRIES.

Rep. Garrard will lead the discussion on the floor.

197

Chair Garrard

Closes the work session on HB 2617 and opens a work session on      HB 2899.

HB 2899 -WORK SESSION

215

Chair Garrard

Addresses the amendments to HB 2899.  Announces that the bill will be worked on Tuesday, May 13. 

223

Rep. Greenlick

Asks whether there is opposition to the bill.

227

John Lilly

Division of State Lands (DSL).  Speaks to the opposition and asserts that accommodation to all parties can be met with the work group.

242

Rep. Greenlick

Asks if the bill may be amended further.

244

Lilly

Notes that there quite possibly will be -3 amendments.

246

Chair Garrard

Closes the work session on HB 2899 and adjourns the meeting at   10:41 AM.

 

 

EXHIBIT SUMMARY

 

A – HB 3408 A, -A6 amendments, staff, 1 p.

B – HB 2617, -2 amendments, staff, 2 pp.

C – HB 2617, written information, Doug Riggs, 1 p.

D – HB 2617, written testimony, David Hales, 3 pp.