CONFERENCE COMMITTEE ON HB 3013A

 

 

August 15, 2003†† Hearing Room D

8:00 AM††††† Tapes 4 - 5

 

 

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 Informational Meeting

 

 

These minutes are in compliance with Senate and House Rules.Only text enclosed in quotation marks reports a speakerís exact words.For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 4, A

002

Chair Garrard

Calls the meeting order at 8:08 a.m. and opens an informational meeting. Calls invited testimony, Art Schlack, Don Schellenberg, and Rich Angstrom.

HB 3013 INFORMATIONAL MEETING

009

Chair Garrard

Asks each member of the panel to comment on what issues have been settled, where the differences are, and why an agreement has not been reached.

018

Art Schlack

Association of Oregon Counties. Reports there have been several meetings on three major points of discussion; the Beaver State case, the Eugene Sand and Gravel case and the establishment of an interim task force. States that progress was made on the Eugene Sand and Gravel case and the composition of the task force, however, Beaver State was a larger problem.

039

Schlack

Continues to discuss his recommendation that all Class 1 and Class 2 soils in the valley, over 35%, require a Goal 5 process for a mining permit. Explains that the conditional use permit would still be available.

075

Chair Garrard

Asks does he believe an agreement is possible if more time for discussion is allowed.

082

Schlack

Answers that there is a good working relationship among the panel and additional time would be beneficial.

083

Sen. Shields

Asks for clarification on the Eugene Sand and Gravel concept.

092

Chair Garrard

Notes that Brian Shipley will offer an update on this.

102

Sen. Shields

Asks should water quality issues be considered by the task force.

124

Schlack

Answers that the task force should consider the process and procedures for siting criteria and part of that would consider water.

126

Don Schellenberg

Submits (EXHIBIT A). Expresses that it will take all interim and a lot of discussions to fully understand the issues. Acknowledges consensus, in regard to the Beaver State issue, to get the most rock mined without destroying the farmland. Outstanding with the Beaver State issue is what criteria are used to decide mining Class 1 and Class 2 lands.

160

Schellenberg

Continues, states that they have reduced the requirement from high value to Class 1 and Class 2 prime and unique lands. States there is disagreement with the dust issue; ORS 215.296 allows the parties to determine on a case by case basis the dust standard for that area. Notes there are 250 crops with different acceptable levels.

261

Schellenberg

Continues testimony encouraging the use of basalt where possible and reduce the need for the alluvial rocks.

218

Sen. Shields

Asks if quarry rock (basalt) more expensive to extract.

226

Schellenberg

Defers the answer to Mr. Angstrom.

229

Rep. Schaufler

Asks how much farm land in the Willamette valley is being mined. Notes that he has heard ranges from .65% of farm land up to below 2%.

235

Schellenberg

Responds there are many factors involved.

243

Rep. Schaufler

Clarifies the question asks of all the farm land and all the mining what percentage is mining. Notes that gravel is currently being imported from the State of Washington for road improvements on Sunnyside Road in Clackamas County. Notes this is expensive.

269

Schellenberg

Explains the Farm Bureau is concerned about this is because this is farm land, protected for farming. Notes that when the EFU zones were created, there were 7 conditional uses allowed, today there are 50.

290

Chair Garrard

Clarifies that the information came from the Oregon State University Extension Office.

298

Sen. Shields

States that he would like clarification on what percentage is in EFU Zones and what percentage are Class 1 and Class 2 soils.

302

Rich Angstrom

Oregon Concrete and Aggregate Producers Association, (OCAPA).States that the aggregate industry is a resource industry without a designated home. Summarizes that all natural resources are either grown or mined.

332

Angstrom

Agrees that disturbing the least amount of farm land to attain the greatest amount of aggregate is the goal. Notes that this is a fight over the flood plain and that the issue boils down to a consensus on the Eugene Sand and Gravel issue, modification of the policy statement that captures the ďleast disturbingĒ language. The Beaver State issue is not in agreement with the Farm Bureau. There is substantial agreement on the task force and the -7 amendments meet the Governorís criteria.

TAPE 5, A

006

Angstrom

Explains that present law does not restrict how mining is done but there are depth limitations. Proposes moving the -7 amendments,††††††††† (EXHIBIT B) and continuing these discussions into the interim.

040

Angstrom

Proposes an option to use only the Goal 5 process on Class 1 and Class 2 soils greater than 35%. Notes that that would result in no conventional use permit (CUP) process in the valley.

049

Chair Garrard

Asks is having an option what the industry prefers.

051

Angstrom

Responds if the industry agrees to this there would be no CUP process for two years. Explains the difference between the CUP and Goal 5 processes.

069

Angstrom

Reiterates that this is a two-year suspension on the process issue. This is not a popular issue for either side but it will move the issue forward.

087

Angstrom

Discusses the variable costs of production noting that the most significant is transportation. Explains that on basalt formations there is drilling, blasting, and crushing. On alluvial sites there is dredging, digging with a track hoe, or dredging with a clam shell dredge.

130

Angstrom

Continues to discuss the costs according to the size of the site. Notes that the issue for the committee is transportation. Answers Rep. Schauflerís earlier question regarding farmland consumption, and explains that when compared to farmland the percentage is small as formerly stated.

176

Chair Garrard

Asks if given more time will there be an agreement on the Beaver State issue.

197

Schellenberg

Answers yes but a timeframe is uncertain. Explains that the question is who uses the Class 1 and Class 2 farmland in EFU Zones the most. The aggregate industry is a major user and is a concern.††

214

Chair Garrard

Clarifies that the issue regarding transportation is the cost to the people of Oregon having to go outside the state for the aggregate.

236

Schellenberg

Responds that for some reason the aggregate is being purchased cheaper from that source than from an in-state source. States for the record that ODOT has indicated support for working within the Farm Bureauís proposal.

233

Sen. Shields

Asks Mr. Angstrom what is needed to fix the Goal 5 process.

249

Angstrom

Explains that there are a lot of technical issues. Comments that the biggest failure of Goal 5 is that it has the mining industry engaged in an adversarial farm dispute/resolution situation. This is what the interim committee would need to address.

311

Sen. Shields

Asks Mr. Schlack how he would fix Goal 5.

325

Schlack

Responds that the Goal 5 process identifies and evaluates the social-economic consequences.Suggests streamlining and identifying issues early. Notes that another issue is whether the permit authority is the purview of the state or the local governments.

390

Chair Garrard

Thanks the panel and calls Mr. Shipley

391

Brian Shipley

Mediator. Reports there is general agreement on the language for a bill but balancing aggregate and farmland is still in discussion. Submits (EXHIBIT C).

TAPE 4, B

012

Shipley

Discusses the need for focus on the Beaver State issue. Notes there is agreement that sites permitted before today, regardless of the permit or type of soil, should continue to operate.

044

Sen. Shields

Reviews (EXHIBIT C). Comments that legislative time is running out and the solution needs to be resolved in conference committee. Request more time for a solution.

068

Chair Garrard

Asks if extra time is allowed, is an agreement probable.

078

Shipley

Answers an agreement is probable. Comments that the workgroup is committed and focused.

086

Sen. Shields

Notes that mention was made that the Governorís Office is in agreement with the -7 amendments. Requests that Mr. Vanít Hof from the Governorís office be allowed to comment on the task force.

101

David Vanít Hof

Governorís Natural Resource Policy Advisor. Answers that the Governorís Office supports an interim task force.Notes that in regard to the membership of the task force he would like to see balance.

143

Sen. Shields

Asks if the Governorís Office is interested in participating in the current discussions. Notes that the question remains whether the aggregate bill is necessary or not.

153

Vanít Hof

Responds that he will participate. Acknowledges that the main issue is how to handle Class 1 and Class 2 soils.

183

Chair Garrard

Expresses he is disappointed that there is not agreement today but asks if the committee agrees to extend this process. Acknowledges that Farm Bureau is in a difficult position as there is nothing to win and expresses appreciation for Mr. Schellenbergís participation.

190

Chair Garrard

Hearing no objection, states that Mr. Shipley will continue the discussions and Mr. Vanít Hof will join in the discussions.

200

Chair Garrard

Announces the next meeting for August 20, at 9:00 a.m. and adjourns the meeting at 9:20 a.m.

 

 

EXHIBIT SUMMARY

 

A. HB 3013A, written testimony and the ĖA6 amendments dated 8/6/03, Don Schellenberg, 3 pp

B. HB 3013, -A7 amendments dated 8/7/03, Rich Angstrom, 7 pp

C. HB 3013A, Status of Discussions, Brian Shipley, 2 pp