SENATE COMMITTEE ON

TRANSPORTATION AND ECONOMIC DEVELOPMENT

May 22, 2003 Hearing Room C

3:00 PM Tapes 110 - 113

MEMBERS PRESENT: Sen. Rick Metsger, Chair

Sen. Bruce Starr, Vice-Chair

Sen. Ryan Deckert

Sen. David Nelson

STAFF PRESENT: Amy Joyce, Committee Administrator

Annastasia Suess, Committee Assistant

MEASURE/ISSUES HEARD: SB 751 – Work Session

HB 2933 - Public Hearing and Work Session

HB 2388A - Public Hearing and Work Session

HB 2455B - Public Hearing and Work Session

HB 3048 - Public Hearing and Work Session

HB 3164A - Public Hearing and 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 110, A
002	Chair Metsger	Calls the committee to order at 3:05 p.m. and opens a work session on SB 751.
SB 751 – WORK SESSION
005	Keith Leavitt	Port of Portland. Provides testimony in support of the dash three amendments (EXHIBIT A).
035	Dick Peterson	Administrator, Land Quality Program, Department of Environmental Quality, (DEQ). Provides testimony in support of the dash three amendments.
040	Martin Loring	Provides testimony in support of SB 751. States for the record that there has been tribal interest in lower Willamette from beginning and asks that the tribes continue to be involved.
065	John DiLorenzo	Attorney. Begins discussion on section ten of SB 751, which have been deleted in the dash three amendments.
095	Sen. Deckert	States that the deletion of section 10 is important. States a concern with the amendments, regarding orphan sites.
100	DiLorenzo	Clarifies the amendments relevance to the superfund site of the Willamette river.
105	Sen. Deckert	States another concern, regarding how helpful this bill is when there is a process in place.
110	DiLorenzo	States this gives state another tool. Comments there should not be another 10-15 year wait for litigation to finish.
120	Tom Gallagher	Lobbyist, Schnitzer Steel Industries. Testifies in support of SB 751, states a concern there would be no end to company’s liability.
135	John Christiansen	Staff, Sen. Margaret Carter. States the area is in Sen. Carter’s district. States potential constitutional issues regarding the dual exercise authority, specifically the inclusion of the executive branch and the legislative branch in an authority function.
155	Brendan McCarthy	Deputy Legislative Counsel. Explains the situations where dual exercise authority can cause constitutional problem. States that in this case there is no executive authority granted, nor rulemaking decisions. States the executive function will be to make recommendations based on information provided.
175	Chair Metsger	States the resemblance to the Debt Policy Advisory Committee with the treasure chair’s with Legislative members.
180	Christiansen	States there has not been a fiscal analysis.
200	Vice Chair B. Starr	MOTION: Moves to ADOPT SB 751-3 amendments dated 05/22/03.
		VOTE: 4-0
210	Chair Metsger	Hearing no objection, declares the motion CARRIED.
215	Vice Chair B. Starr	MOTION: Moves SB 751 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.
		VOTE: 4-0
220	Chair Metsger	Hearing no objection, declares the motion CARRIED. SEN. METSGER will lead discussion on the floor.
222	Chair Metsger	Closes the work session on SB 751 and opens a public hearing on HB 2933.
HB 2933 – PUBLIC HEARING
230	Rep. Dan Doyle	District 19. Presents summary of HB 2933, which increases threshold amount of property damage that requires vehicle accident report. Discusses the dash two amendments dated 5-21-03 (EXHIBIT B).
290	Troy Costales	Safety Manger, Oregon Department of Transportation (ODOT). Testifies in support of HB 2933 and the dash two amendments.
310	Chair Metsger	Closes the public hearing on HB 2933 and opens a work session on HB 2933.
HB 2933 – WORK SESSION
315	Vice Chair B. Starr	MOTION: Moves to ADOPT HB 2933-2 amendments dated 05/21/03.
		VOTE: 4-0
320	Chair Metsger	Hearing no objection, declares the motion CARRIED.
330	Vice Chair B. Starr	MOTION: Moves HB 2933 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.
		VOTE: 4-0
335	Chair Metsger	Hearing no objection, declares the motion CARRIED. SEN. B. STARR will lead discussion on the floor.
340	Chair Metsger	Closes the work session on HB 2933 and opens a public hearing on HB 2388A.
HB -2388A PUBLIC HEARING
350	Monty King	Executive Director, Oregon Independent Auto Dealers. Summarizes the dash two amendments to HB 2388A (EXHIBIT C) and submits written testimony (EXHIBIT D).
375	Al Elkins	Oregon Tow Truck Association. Provides testimony in support of HB2388A and the dash two amendments.
395	Kelly Taylor	ODOT. Provides testimony in support of HB 2388A and the dash two amendments.
450	Chair Metsger	Closes the public hearing on HB 2388A and opens a work session on HB 2388A.
Tape 111, A
HB 2388A – WORK SESSION
010	Vice Chair B. Starr	MOTION: Moves to ADOPT HB 2388A-2 amendments dated 05/21/03.
		VOTE: 4-0
015	Chair Metsger	Hearing no objection, declares the motion CARRIED.
025	Vice Chair B. Starr	MOTION: Moves HB 2388A to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.
		VOTE: 4-0
030	Chair Metsger	Hearing no objection, declares the motion CARRIED. SEN. B. STARR will lead discussion on the floor.
035	Chair Metsger	Closes the work session on HB 2388A and opens a public hearing on HB 2455B.
HB 2455B – PUBLIC HEARING
038	Chair Metsger	Provides dash seven amendments to HB 2455B (EXHIBIT E).
040	Al Elkins	Oregon Tow Truck Association. Provides testimony of appreciation for Rep. Brown and the work group on HB2455B.
050	Monty king	Oregon Independent Auto Dealers Association. Provides written testimony in support of HB2455B (EXHIBIT F).
080	Deb Elkins	Director, Northwest Auto Trades Association. Provides written testimony and discussion in support of HB 2455B (EXIHIBIT G).
105	Bob Anderson	Owner, Salem auto repair shop. Provides testimony in support of HB2455B.
110	King	Provides testimony in gratitude for legislative assistance in bringing the bills forward.
120	Chair Metsger	Closes the public hearing on HB 2455B and opens a work session on HB 2455B.
HB 2455B – WORK SESSION
125	King	Summarizes the dash seven amendments to HB 2455B.
150	Vice Chair B. Starr	MOTION: Moves to ADOPT HB 2455B-7 amendments dated 05/21/03.
		VOTE: 4-0
157	Chair Metsger	Hearing no objection, declares the motion CARRIED.
160	Vice Chair B. Starr	MOTION: Moves HB 2455B to the floor with a DO PASS AS AMENDED recommendation.
		VOTE: 4-0
162	Chair Metsger	Hearing no objection, declares the motion CARRIED. SEN. DECKERT will lead discussion on the floor.
164	Chair Metsger	Closes the work session on HB 2455B and opens a public hearing on HB 3048.
HB 3048 – PUBLIC HEARING
175	King	Provides testimony in support of HB 3048.
185	Chair Metsger	Asks how often the problem is occurring.
190	King	States the problem is on-going and quite frequent. Estimates about ten problems a month.
205	Chair Metsger	Clarifies the purpose of the bill.
209	Chair Metsger	Closes the public hearing on HB 3048 and opens a work session on HB 3048.
The following prepared testimony is submitted for the record without public testimony for HB 3048:
	Monty King	Submits written testimony (EXHIBIT O).
HB 3048 – WORK SESSION
213	Vice Chair B. Starr	MOTION: Moves HB 3048 to the floor with a DO PASS recommendation.
		VOTE: 3-0 EXCUSED: 1 – Deckert
215	Chair Metsger	Hearing no objection, declares the motion CARRIED. SEN. NELSON will lead discussion on the floor.
217	Chair Metsger	Closes the work session on HB 3048 and convenes the committee to the call of the chair at 3:47 p.m.
		RECESS
219	Chair Metsger	Reconvenes the committee at 3:57 p.m. and opens a public hearing on HB 3164A.
HB 3164A – PUBLIC HEARING
228	Paul Romain	Attorney, North Plains. Defers to Mr. Hirst.
240	Herb Hirst	City Council, North Plains. Defers to Mr. Oterman.
260	Don Oterman	City Manager, North Plains. Summarizes the eight year history of North Plains periodic reviews.
360	Oterman	Continues presentation.
TAPE 110, B
025	Oterman	Continues presentation.
046	Hirst	Testifies on the current law complexity and difficulties.
077	Sen. Deckert	Comments on the incredible cost to the small city for the last eight years.
088	Romain	States the bill is not a state zoning mandate. Elaborates on the intent of the bill.
150	Sen. Nelson	Asks if the exception land has been litigated.
152	Romain	Answers and elaborates.
178	Chair Metsger	Comments on the local planning process, and asks what the public policy loss is by legislative intervention.
198	Romain	States that the appeal process is not stopped by legislative intervention.
230	Chair Metsger	Asks if a judicial finding would provide more clarity to what the legislature needs to act on.
242	Romaine	Answers.
264	Sen. Nelson	Asks about the exception process.
268	Oterman	Clarifies that when the land south of the highway was designated as exception land by Washington County, the city was not involved in the discussion.
272	Romaine	Provides a description on the zoning of the land.
320	Vice Chair B. Starr	Comments on the city’s lengthy bureaucratic process.
350	Mike Hanks	Developer, Beaverton. Testifies on the amount of work and the process by which the City of North Plains has gone through to get this far.
358	John DiLorenzo	Attorney, Davis Right Tremaine LLP on behalf of Specht Development. Reads written testimony (EXHIBIT H).
TAPE 111, B
050	DiLorenzo	Continues to read testimony: What the Bill Does Why the Bill is Unnecessary The dangers inherent in passing the bill Conclusion
164	Chair Metsger	Comments on the term land speculator used in testimony.
	DiLorenzo	Responds and elaborates on the term ‘land spec’ used in this particular instance.
	Chair Metsger	Asks if the city’s preference to grow the way they feel it best, does it reflect some problems with our Land Use process.
193	DiLorenzo	Agrees and comments on the need to propose a bill on general fairness.
213	Vice Chair B. Starr	Asks in the event the bill does not become law, will there be an opportunity to develop the land.
235	DiLorenzo	States that there will be no guarantee.
243	Jim Long	North Plains Resident. Provides testimony in opposition to HB 3164A (EXHIBIT I, J).
308	Sen. Nelson	Comments on the cost to the city and wonders if it is beyond the capacity of citizen participation.
320	Long	Answers the amount of interest and citizen participation.
	DiLorenzo	Comments on the cumbersomeness of the process. States a belief that the citizens are not the largest funders of the monies already spent.
350	Sen. Nelson	States a personal belief that changes need to be made to the land use process.
380	Don Schellenberg	Associate Director, Governmental Affairs for the Oregon Farm Bureau. Reads written testimony (EXHIBIT K).
TAPE 112, A
035	Randy Tucker	1000 Friends of Oregon. Begins testimony in opposition to HB 3164A and provides written testimony (EXHIBIT L).
068	Tucker	States concerns to the bill as written and concludes testimony.
075	David Van Hoff	Governor’s Office. Provides testimony in opposition to HB 3164A and submits written testimony (EXHIBIT M).
108	Chair Metsger	Summarizes the Governor’s written testimony and submits for the record that the Governor will veto the bill as written.
113	Sen. Nelson	Comments on the term ‘exception lands’ and the fairness issue involved.
123	Van Hoff	Agrees, and comments on similar concerns within the state of Oregon.
128	Vice Chair B. Starr	Asks under the current status quo, the land south of the highway is zoned in such a way that houses could be built, and asks if this would be supported by the Farm Bureau and 1000 Friends of Oregon.
135	Schellenberg	Answers that the use of the land is not a concern.
140	Tucker	States that generally lands designated exception have had pre-existing development prior to the establishment of the Land Use Planning program.
156	Vice Chair B. Starr	States concerns with five acre parcels.
185	Dennis Mulvihill	Washington County. Provides testimony in support of HB 3164A and submits written testimony (EXHIBIT N).
200	Rep. Derrick Kitts	District 30. Provides testimony as the proponent of HB 3164A.
267	Chair Metsger	Asks for additional work between the opponents and the city representatives before a legislative decision is made.
333	DiLorenzo	States a desire to work out the issues, but hesitates to say that a medium can be found.
375	Romain	States the Governor may not fully understand the position the city has taken on the issue.
405	DiLorenzo	Comments on the City’s rigidity on the issues.
TAPE 113, A
035	Romain	Comments on the testimony.
045	Chair Metsger	Closes the work session on HB 3164A and adjourns the committee at 5:43 p.m.
The following prepared testimony is submitted for the record without public testimony for HB 3048:
	Staff	Submits the dash three amendments to HB 3164 (EXHIBIT P).
	Leo Huff	Submits written testimony (EXHIBIT Q).
	James Just	Submits written testimony (EXHIBIT R).

EXHIBIT SUMMARY

A – SB 751, Dash three amendments, Keith Leavitt, 6 pp

B – HB 2933, Dash two amendments, Rep. Dan Doyle, 1 p

C – HB 2388, Dash two amendments, Monty King, 1 p

D – HB 2388, written testimony, Monty King, 2 pp

E – HB 2455, dash seven amendments, Staff, 1 p

F – HB 2455, written testimony, Monty King, 1 p

G – HB 2455, written testimony, Deb Elkins, 1 p

H – HB 3164A, written testimony, John DiLorenzo, 19 pp

I – HB 3164, written testimony, Jim Long, 1 p

J – HB 3164, written testimony, Jim Long, 1 p

K – HB 3164, written testimony, Don Schellenberg, 3 pp

L – HB 3164, written testimony, Randy Tucker, 2 pp

M – HB 3164, written testimony, David Van Hoff, 1 p

N – HB 3164, written testimony, Dennis Mulvihill, 1 p

The Following exhibits are listed out of order in the body of the tape log:

O – HB 3048, written testimony, Monty King, 1 p

P – HB 3164, dash three amendments, Staff, 1 p

Q – HB 3164, written testimony, Leo Huff, 2 pp

R – HB 3164, written testimony, James Just, 1 p