CONFERENCE COMMITTEE ON HB 3013A

 

 

August 7, 2003   Hearing Room D

3:00 PM      Tapes 1 - 3

 

 

MEMBERS PRESENT:            Rep. Bill Garrard, Chair

                                                Rep. Susan Morgan

                                                Rep. Mike Schaufler

                                                Sen. Frank Morse

                                                Sen. Frank Shields

 

STAFF PRESENT:                  Ray Kelly, Committee Administrator

                                                Linda K. Gatto, Committee Assistant

 

MEASURE HEARD:                     HB 3013A 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 1, A

007

Chair Garrard

Calls the meeting to order at 3:07 p.m. Announces that the committee is aware of the contentious nature of HB 3013. Explains the rules that will apply to those invited to testify and to the members of the committee.

HB 3013 INVITED TESTIMONY

032

Pat Egan

Legislative Director and Transportation Policy Director for Governor Kulongoski. States that the Department of Transportation, (ODOT) is a consumer and owner of aggregate products. Expresses that he would like to see a resolution.

Discusses the proposed compromise on conditional uses for Class 1 and Class 2 soils. Supports full representation on the task force.

074

Rep. Betsy Johnson

House District 31.  Supports an interim task force to look at the issues in detail. States that attendance today is testimony of the complexity of the issue. Explains that Columbia County is rich in gravel deposits and urges the committee to allow ample time to work the issues and avoid unintended consequences. Speculates that the removal of the notification (LC 2203) could be the point of contention. Submits (EXHIBIT A).

145

Rich Angstrom

President, Oregon Construction and Aggregate Producers Association, (OCAPA). States that this debate is about Oregon’s resource lands. Explains that the aggregate industry is affected by the Endangered Species Act listings.

228

Angstrom

Explains that the combination of various limitations is resulting in  serious restrictions on aggregate supply and market competition which is affecting the affordability of aggregate for state government. Comments on the passage of the $2.5 billion highway bill and the predictable effect it will have on the demand for aggregate. Concludes that it is not the resource that is the commodity, it is instead the land use permit.

259

Angstrom

Reviews Section 1 regarding the policy statement on aggregate and agriculture and their importance to the state. Reviews Section 2 regarding DEQ standards for noise and dust.

287

Angstrom

Reviews Section 3 the Beaver State fix and Section 4 the task force membership.

306

Angstrom

Discusses Class 1 and Class 2 soil protections.

325

Art Schlack

Introduces Judge Prior and Judge Mike McArther.

357

Judge Mike McArther

Sherman County Judge and Chair of the Community Development Steering Committee for the Association of Oregon Counties, (AOC). Supports HB 3013A believing that it satisfies the problem in the Beaver State case. Also supports permitting at the local level and having an interim task force examine the outstanding difficulties in more detail.

385

Schlack

Clarifies the AOC suggestions for amendments to HB 3013A (EXHIBIT B) would maintain the requirement that significant sites go through the Goal 5 process and that non-significant site permits would be issued by local government.

410

Judge Laura Prior

Gillman County. Chair AOC Transportation Committee.  Urges the committee to maintain the conditional use process and decision making at the local level.

448

Sen. Shields

Refers to a letter he has received from the Lane County Commissioners, (EXHIBIT C).

456

Art Schlack

Responds to Sen. Shields and expresses that the Commissioners of Lane County wish to maintain local control.

TAPE 2, A

030

Don Schellingberg

Associate Director of Governmental Affairs, Oregon Farm Bureau. Reads testimony (EXHIBIT D).

123

Schellingberg

Clarifies that in line 10 of the -A6 amendments, (EXHIBIT E) the word “is” should be changed to “maybe”.  

131

Schellingberg

Continues, clarifies that in line 21 and 23 add “the mining area”. Line 24 defines high value farm land and notes that high value farm land is already defined but “mining area” needs a definition.

147

William Austin

Roseburg. Submits and reads written testimony, (EXHIBIT F) urging support of the farm bureau amendments. States he does not oppose aggregate mining but opposes destroying Oregon’s best farm land to get it.

190

Sen. Morse

Refers to the 84,000 acres lost to other uses and asks what those uses were.

200

Austin

Responds he assumes all uses, the Capitol Press article did not break it down.

213

Sen. Morse

Asks how many acres of the 84,000 were taken for aggregate mining per year.

216

Austin

Answers it was about 7,000.

 

Corrine Sherton

Attorney, Johnson and Sherton. Submits (EXHIBIT G) in support of the farm bureau amendments.  States that according the Court of Appeals, conditional use permits cannot be issued except for significant sites that are on Goal Five territory. Notes there is protection for Class 1 and Class 2 soils built into that process.

269

Carrie MacLaren

Staff Attorney 1000 Friends of Oregon. Submits written testimony (EXHIBIT H) in support of the Farm Bureau’s amendments.

314

MacLaren

Expresses concern about conditional uses.

341

MacLaren

Expresses concern that there are no standards for reclamation or restoration of farmland.

359

Jennifer Flint

Oregon Chapter of the American Planning Association. Submits correspondence from Mitch Rohse. Testifies on behalf of Stephen Kafoury. (EXHIBIT I)

365

Ross Day

Oregonians in Action. States that most of his members are farmers who own the farmland and cannot do anything else with it. HB 3013 will allow them some economic value from their property. Supports the amendments.

TAPE 1, B

002

Jon Chandler

Legislative Advocates and OCAPA. Comments for the record on behalf of OCAPA they want a bill that outlines what the process is and there need for balance between the interested parties. Supports an interim process.

065

Lori Jensen

President of Lone Pine Farms Limited. Submits news article, (EXHIBIT J). Discusses the Eugene Sand and Gravel vs. Lane County case. Discusses dust standards for agriculture.

114

Lee Kersten

Attorney that represented the farmers who opposed the Eugene Sand and Gravel application. States it is untrue that there is a shortage of aggregate supply. Summits and reads (EXHIBIT K).

150

Kersten

Continues with testimony, states that Goal 5 is the process.

178

Steve Pfiefer

Attorney in Portland. Discusses ORS 296.

254

Rep. Schaufler

Asks if there is any way that gravel can be mined without dust.

281

Pfiefer

Responds that this will always be debated. States that it is a highly subjective process.

338

Lee Kirsten

States there is no dust standard, the standard discussed applied only to the Eugene case.

323

Liz Frankel

League of Women’s Voters. Explains that the League assumed this would be a moving target. States that there is no guidance on the role of the public. Discusses Goal 5, local enforcement, and the structure of the workgroup.

TAPE 2, B

014

Linda Ludwig

League of Oregon Cities. Supports the interim task force and suggests representatives.

037

Rep. Schaufler

Asks what percentage of farm land in the valley is being mined.

050

Frankel

Responds that the Department of Agriculture may have that information.

060

Doug Tindell

State Maintenance Engineer, ODOT.  Discusses ODOT’s need for aggregate.

093

Chair Garrard

Asks how the new transportation package will affect the aggregate supply.

095

Tindell

Answers that more than half the work described in the transportation package is bridges which are not as aggregate intensive as roads are.

104

Sen. Shields

Asks were there subsequent conversations regarding the need for aggregate after the package was passed.

111

Tindell

Answers there is a direct impact to the ODOT owned sites.

119

Chair Garrard

Asks if the aggregate was not available locally where would ODOT go to purchase it.

125

Tindell

Answers in terms of sanding rock it would be expensive. If the supply was from a neighboring state the volume would be reduced.

126

Bob Rindy

Department of Land Conservation and Development (LCDC). States that they spent two years trying to find a balance between farming and aggregate that concluded in 1996.  Agrees that the conditional use process needs to be re-instated.

174

Dr. Vicky Mc’Connell

Department of Geology and Mineral Industries, (DOGAMI). Submits (EXHIBIT L) and reviews main items. Supports an interim committee discussion, conditional use permits and a dust standard discussion.

211

Rep. Schaufler

Asks how many acres are being mined in the valley right now. Asks what it would cost to keep the dust down.

258

Mc’Connell

Answers it would be difficult and expensive to have a dust free mining operation. Questions how that would be monitored.

280

Rindy

Refers to 1996 and states that the intent of Goal 5 was based on information received by the counties regarding EFU land. Mining acreage consumed as opposed to other uses, such as housing, is near the bottom of the list.

299

Sen. Shields

Comments that perhaps the question is if the land use is a positive use or non-positive use. Asks would the reclaimed land have the same standards.

368

Rindy

Suspects that it is unlikely the soil would be returned exactly like it was.

385

Randy Moore

Mined Land Reclamation Group, DOGAMI.  Explains the reclamation process and states that the lands can be returned to quality soils.

420

Rep. Morgan

Requests background information on the reclamation process.

426

Moore

Answers that in the last few years there have been efforts to ensure sites are engineered.

468

Rep. Morgan

Asks is it fair to say there is a better understanding of how to restore these sites to enhance the attributes of the land.

477

Moore

Responds affirmatively and summarizes that this is an evolutionary process.

TAPE 3, A

021

Sen. Shields

Asks for comments from Oregon Department of Agriculture, (ODA) on soil reclamation.

033

Jim Johnson

Land Use and Water Planning, ODA. Disagrees that agricultural land can be reclaimed back to the same capability it had before it was mined. Explains that mining is accelerated erosion.

044

Rep. Morgan

Asks if different parts of the land, (top soil) could be set aside to restore or enhance the land.

065

Johnson

Responds that once the soil has been disturbed it is impacted because it is organic and living.

077

Rep. Morgan

Comments that as long as the land can be restored to a comparable status, is there an overriding value for the soil to be exactly as it was before.

090

Johnson

Responds that this is a policy decision.

096

Sen. Shields

Asks why are DEQ dust standards for people not appropriate for crops.

102

Johnson

Answers that there is diversity in the crops of the valley and each reacts differently to dust.

120

Rep. Morgan

Comments that the quality of the argument appears to be splitting hairs on interpretation and policy.

136

Johnson

Explains there are organic practices that are more sensitive than traditional agricultural practices.

167

Sen. Shields

Submits the –A7 amendments, (EXHIBIT M)

177

Chair Garrard

Summarizes that there are short term issues and long term issues. Moves that Brian Shipley mediate between Don Schellenberg and Richard Angstrom starting with the –A6 and –A7 amendments.

217

Sen. Shields

Asks that Brian communicate with all interested parties.

232

Brian Shipley

Suggests Art Schlack from AOC.

230

Chair Garrard

Hearing no objection from the committee members adjourns the meeting at 5:40 p.m.

 

 

EXHIBIT SUMMARY

 

A. HB 3013, written testimony, Rep. Betsy Johnson, 2 pp

B. HB 3013, hand engrossed proposed amendments, Schlack 2 pp

C. HB 3013, written testimony, Lane County Board of Commissioners, 1 p

D. HB 3013, written testimony, Don Schellenberg, 3 pp

E. HB 3013-A6 amendments dated 8/6/03, Don Schellenberg, 2 pp

F. HB 3013, written testimony, William Austin, 2 pp

G. HB 3013, written testimony, Corinne C. Sherton, 4 pp

H. HB 3013, written testimony, Carrie MacLaren, 2 p

I. HB 3013, written testimony, Mitch Rohse, 1 p

J. HB 3013, news article, Lori Jensen, 1 p

K. HB 3013, written testimony, Lee Kersten, 36 pp

L. HB 3013, proposed amendments, Dr. Vicki McConnell, 2 pp

M. HB 3013A-7 amendments dated 8/7/03, Sen. Morse, 7 pp