SENATE COMMITTEE ON WATER AND LAND USE

 

 

February 17, 2003                                                                                                   Hearing Room D

3:00 p.m.                                                                                                                       Tapes 14 - 15

 

MEMBERS PRESENT:         Sen. Ted Ferrioli, Chair

Sen. Charlie Ringo, Vice-Chair

Sen. Jason Atkinson

Sen. Rick Metsger

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

Megan Jensen, Committee Assistant

 

MEASURE/ISSUES HEARD:  Introduction of LC 2513 Work Session

HB 2257 Public Hearing and Work Session

SB 378 Public Hearing

SB 311 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 14, A

005

Chair Ferrioli

Calls meeting to order at 3:10 pm and opens work session on the introduction of LC 2513

INTRODUCTION OF LC 2513 - WORK SESSION

010

Judith Callens

Committee Administrator. Explains LC 2513 (EXHIBIT A).

012

Sen. Metsger

MOTION:  Moves LC 2513 BE INTRODUCED as a committee bill.

 

 

VOTE:  4-0

019

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

Closes work session on the introduction of LC 2513 and opens public hearing on HB 2257.

HB 2257 - PUBLIC HEARING

023

Callens

Gives overview of HB 2257.

032

Mike Carrier

Parks and Recreation Department Director. Gives testimony in support of HB 2257 (EXHIBIT B). Explains that statutory authority is needed to continue waiving or reducing application fees for ocean shore improvement permits applied for by state, federal, local or tribal governments.

040

Chair Ferrioli

Closes public hearing and opens work session on HB 2257.

HB 2257 – WORK SESSION

050     

Sen. Ringo

MOTION:  Moves HB 2257 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

055

 

VOTE:  4-0

060

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor. Closes public hearing on HB 2257 and opens public hearing on SB 378.

SB 378 - PUBLIC HEARING

091

Randy Tucker

1000 Friends of Oregon. Provides testimony in support of SB 378 (EXHIBIT C) and states that the bill supports public participation in all phases of land use planning.

140

Jim Just

Friends of Linn County. Testifies that SB 378 ensures that appeals fees on planning decisions are reasonable and will encourage public involvement in land planning programs (EXHIBIT D).

181

Sen. Metsger

Inquires about limits on expenses incurred by the appellate.

201

Just

Replies that the term “expense” refers to the expense for preparing a transcript.

232

Sen. Metsger

Suggests that the term is not well-defined in the bill and asks for clarification.

240

Just

Responds that he has no objection to clarifying the term by inserting the “transcript” in front of “expense.”

258

Rep. Phil Barnhart

House District 11. Provides testimony in support of SB 378. Comments that SB 378 needs an amendment to address the issue of expenses.

274

Chair Ferrioli

States that the fiscal impact statement on SB 378 is not ready.

278

Barnhart

Suggests an amendment might be in order.

300

Sen. Atkinson

Asks about third party liability.

315

Tucker

Responds that there is no third party liability.

339

Sen. Atkinson

Expresses concern that a landowner could lose an appeal and then be penalized with additional fees.

351

Tucker

Elaborates on the third party liability issue.

374

Chair Ferrioli

Comments that this is an issue between citizens and jurisdiction.

370

Tucker

Confirms that there is no third party liability for the applicant.

TAPE 15, A

005

Merilyn Reeves

Friends of Yamhill County. Testifies in support of SB 378 and provides an example of land planning policies and the appeals process in McMinnville (EXHIBIT E)

071

Les Helgeson

Oregon Shores Conservation Coalition. Submits testimony in support of SB 378 (EXHIBIT F). States that the bill will help protect natural resources and public access to shorelines.

105

Peggy Lynch

Benton County. Provides testimony in support of SB 378 and asserts that high fees inhibit citizens from participating in the land planning process.

132

Chair Ferrioli

Inquires if the permit is free if an applicant prevails after appealing.

138

Lynch

Believes that there is a cost associated with processing the application.

145

Chair Ferrioli

Comments that Legislative Fiscal requested the bill be held until the disclosure of the fiscal impact.

153

Lynch

Asks if Legislative Fiscal assesses fiscal impact to local governments as well as state governments.

155

Chair Ferrioli

Responds that if the state creates a cost transfer to local government, the state should cover that cost.

155

Kevin Matthews

Southeast Neighbors. Clarifies that the underlying intent is that only the appeal fee should be refunded.

162

Donna Matthews

Lane County resident. Provides testimony in support of SB 378.

200

K. Matthews

Provides an example of land use planning applications in Eugene.

275

Ferrioli

Asks if the city is failing to abide by the state statute that provides a fee waiver to neighborhood or community organizations.

280

K. Matthews

Affirms.

283

Chair Ferrioli

Reiterates that if there is a fee maximum, the city’s fee schedule should meet state law.

297

D. Matthews

Explains and expresses concern about the issue of fee recovery.

316

Chair Ferrioli

Comments that SB 378 does not address the issue of recovery of fees.

360

Art Schlack

Association of Oregon Counties. Expresses concern about the fiscal impact of SB 378 to local governments.

391

Chair Ferrioli

Closes public hearing on SB 378 and opens public hearing SB 311.

TAPE 14, B

SB 311 - PUBLIC HEARING

023

Jeanette Holman

Division of State Lands Assistant Director (DSL). Provides testimony in support of SB 311 (EXHIBIT G). States that the bill will clarify DSL’s name and will allow the agency to make more formal arrangements for volunteer participation.

075

Ron Steffens

Friends of South Slough. Testifies that SB 311 will provide a framework for partnerships between DSL and volunteer support groups (EXHIBIT H).

095

Rich Hamel

Friends of South Slough.  Provides testimony in support of SB 311.

108

Chair Ferrioli

Closes public hearing and opens work session on SB 311.

SB 311 - WORK SESSION

140

Sen. Metsger

MOTION:  Moves SB 311 to the floor with a DO PASS recommendation.

145

 

VOTE:  3-0

EXCUSED:  1 - Sen. Ringo

150

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

Closes work session on SB 311 and adjourns meeting at 4:18 p.m.

 

EXHIBIT SUMMARY

 

A – LC 2513 draft dated 2/7/03, staff, 3 pp.

B – HB 2257, written testimony, Mike Carrier, 1 p.

C – SB 378, written testimony, Randy Tucker, 1 pp.

D – SB 378, written testimony, Jim Just, 4 pp.

E – SB 378, written testimony, Merilyn Reeves, 4 pp.       

F – SB 378, written testimony, Les Helgeson, 1 p.

G – SB 311, written testimony, Jeanette Holman, 3 p.

H – SB 311, written testimony, Ron Steffens, 2 pp.