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