SENATE COMMITTEE ON WATER AND LAND USE

 

 

February 10, 2003                                                                                                   Hearing Room D

3:00 pm                                                                                                                         Tapes 10 - 11

 

MEMBERS PRESENT:         Sen. Ted Ferrioli, Chair

Sen. Charlie Ringo, Vice-Chair

Sen. Rick Metsger

 

MEMBER EXCUSED:          Sen. Jason Atkinson

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

Megan Jensen, Committee Assistant

 

MEASURE/ISSUES HEARD:           SB 251 – Public Hearing and Work Session

Informational Meeting

     SB 12 (99) Landslides Report

 

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 10, A

005

Chair Ferrioli

Calls the meeting to order at 3:05 p.m. and opens a public hearing on SB 251.

SB 251 – PUBLIC HEARING

014

Judith Callens

Committee Administrator. Explains SB 251 and -1 amendments (EXHIBIT A).

039

Chair Ferrioli

Closes public hearing and opens work session on SB 251 and -1 amendments.

SB 251 – WORK SESSION

042

Sen. Ringo

MOTION:  Moves to ADOPT SB 251-1 amendments dated 1/29/03.

045

 

VOTE:  3-0

EXCUSED:  1 - Sen. Atkinson

 

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

050

Sen. Ringo

MOTION:  Moves SB  251 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  3-0

EXCUSED:  1 - Sen. Atkinson

060

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

Closes work session on SB 251 and opens information meeting on SB 12 (99).


 

INFORMATIONAL MEETING

SB 12 (99) Landslides Report

077

Vicki McConnell

Department of Geology and Mineral Industries (DOGAMI) Deputy Director. Submits written materials relating to SB 12 (99) (EXHIBIT B).

083

Keith Mills

Department of Forestry (ODF). Discusses ODF’s implementation of SB 12 (99) regarding rapidly moving landslides.

121

Ted Lorenson

ODF Assistant State Forester. Discusses a key principle of shared responsibility in SB 12 (99).

142

McConnell

Gives overview of potential landslide area mapping mandated by SB 12 (99).

185

McConnell

Continues overview of geologic mapping and discusses the controversy arising from the areas listed as susceptible to landslides.

228

Sen. Ringo

Asks for more information on the controversy surrounding SB 12 (99).

237

Lorenson

Responds.

289

Chair Ferrioli

Comments on the controversy over whether forest practices contribute to landslides and the controversy over notifying the public about landslide hazard areas.

343

Mills

Discusses the terms “hazard” and “risk” as used in landslide area identification.

396

Chair Ferrioli

Inquires whether areas deemed by DOGAMI to be at risk for landslides are a certainty.

404

Mills

Responds.

435

Chair Ferrioli

Asks whether levels of risk are reflected in DOGAMI maps.

436

Mills

Responds that the current maps do not show levels of risk.

TAPE 11, A

025

McConnell

Comments that when creating the maps, DOGAMI was conservative and showed broad areas of landslide risk.

043

Lorenson

Offers to give a technical briefing of the science of studying rapidly moving landslides.

067

Chair Ferrioli

Comments that the land-based surveys produced better data than the aerial surveys.

080

Art Schlack

Association of Oregon Counties. Gives overview of the issues surrounding SB 12 (99):

  • Shared responsibility component
  • Mapping component
  • Land use implications

130

Schlack

Continues overview of SB 12 (99) issues.

183

Sen. Ringo

Asks if development transfer rights exist in Oregon.

186

Schlack

Responds that they do not exist in Oregon.

190

Sen. Ringo

Inquires why development transfer rights do not exist in Oregon.

191

Schlack

Responds.

204

Sen. Ringo

Asks about liability issues regarding a structure that is hit by a landslide.

206

Schlack

Responds.

215

Chair Ferrioli

Comments on development transfer rights and liability issues between forest operators, landowners, and permit issuing authorities.

265

Linda Ludwig

League of Oregon Cities. Discusses issues surrounding DOGAMI’s identification of urban areas as potential landslide regions.

316

Sen. Metsger

Comments on the development transfer rights issue in rural areas.

347

Chair Ferrioli

States that another controversial issue surrounding SB 12 (99) is the associated costs cities and counties might have.

375

Schlack

Discusses the costs to government entities and landowners associated with SB 12 (99).

TAPE 10, B

020

Lorna Walker

Raises concerns about SB 12 (99):

  • Coordination of knowledge between different agencies involved in the geologic map making
  • Geologic faults, soil stability, and canopy cover as related to wind and water issues
  • Liability issues

051

Chair Ferrioli

Suggests that DOGAMI and ODF can provide that information.

081

Walker

Asks if studies are done to periodically assess geological faults.

108

Chair Ferrioli

Recommends that DOGAMI address her concerns. Closes informational meeting and adjourns meeting at 4:10 p.m.

 

EXHIBIT SUMMARY

 

A – SB 251, 251-1 amendments dated 1/29/03, staff, 1p.

B – Informational meeting, DOGAMI, written testimony, Vicki McConnell, 4 pp.