SENATE COMMITTEE ON WATER AND LAND USE

 

March 17, 2003                                                                                                       Hearing Room D

3:00 PM                                                                                                                        Tapes 28 - 29

 

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:           SB 310 Public Hearing

                                                SB 418 Public Hearing

                                                SB 516 Public Hearing

 

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 28, A

003

Chair Ferrioli

Calls meeting to order at 3:12 p.m. and opens public hearing on SB 310.

SB 310 – PUBLIC HEARING

006

Judith Callens

Committee Administrator. Gives overview of SB 310, which requires a county to take action on permits within the Columbia River Gorge National Scenic Area within specific time limitations.

010

Chair Ferrioli

Discusses responses from the Columbia River Gorge Commission and Multnomah Count on statutes of conflict between federal and state law.

080

Sen. Ringo

Expresses concern with SB 310 and states he will vote against SB 310.

103

Chair Ferrioli

Summarizes SB 310 and suggests delaying the work session to allow time for the Columbia Gorge Commission to respond. Closes public hearing on SB 310 and opens public hearing on SB 418.

SB 418 – PUBLIC HEARING

140

Callens

Provides overview of SB 418, which defines a public or private school for the purpose of uses allowed in exclusive farm use zones.

169

Sen. Ringo

Asks about the total fiscal impact estimate.

172

Callens

Explains there would a minimal impact to the Department of Land Conservation and Development.

170

Sen. Ringo

Asks if there is a subsequent referral to Ways and Means.

171

Chair Ferrioli

Responds that there is no subsequent referral and explains.

190

Sen. Ringo

Inquires about a specific instance behind the bill.

193

Chair Ferrioli

Provides an example of a vocational school located in a rural area.

205

Sen. Ringo

Asks about tailoring the bill to include only specific locations.

214

Chair Ferrioli

Agrees it may be a possibility and talks about the definition of schools.

225

Sen. Ringo

Wonders if the Farm Bureau would support the bill if it specified certain areas.

231

Randy Tucker

1000 Friends of Oregon. Testifies that 1000 Friends of Oregon has concerns about the bill in its current form.

248

Chair Ferrioli

Asks for comments on the current definition of schools.

251

Tucker

Offers to research the issue.

260

Chair Ferrioli

Discusses vocational schools on rural land.

271

Tucker

Raises a concern about subsidiary structures that might be provided  with school structures.

274

Chair Ferrioli

Brings up the issue of flight schools located at rural airports.

176

Tucker

Wonders if rural airports are located on land zoned for exclusive farm use (EFU).

291

Chair Ferrioli

States that locating runways on EFU land is an outright permitted use.

292

Tucker

Comments on model airplane runways.

294

Chair Ferrioli

Suggests putting together a list of vocational schools in Oregon. Closes public hearing on SB 418 and opens a public hearing on SB 516.

SB 516 – PUBLIC HEARING

310

Callens

Gives overview of SB 516, which modifies notice requirements relating to changes in land use planning requirements. States there might be a small fiscal impact due to notification requirements.

330

Chair Ferrioli

Believes there is no fiscal impact and explains.

335

Steven Kafoury

American Planning Association. Provides testimony in support of SB 516 and expresses concerns. States that the American Planning Association is sponsoring a bill in the House on the same issue.

358

Chair Ferrioli

Inquires if the American Planning Association House bill is similar to SB 516.

360

Kafoury

Explains that the House bill deals with the same issue using slightly different wording. Recommends amendments for SB 516.

364

Mitch Rose

The American Planning Association (APA). Provides testimony in support of SB 516

376

Chair Ferrioli

Asks if the APA has any professional certification requirements.

380

Rose

Responds the APA has no professional certification requirements.

383

Chair Ferrioli

Asks if there is a code of ethics for APA.

386

Rose

Replies that there is no official code of ethics and elaborates.

405

Chair Ferrioli

Asks if APA has a program of review for citizens who have complaints

TAPE 29, A

003

Rose

Explains the complaint process.

013

Sen. Ringo

Asks about types of actions that can be taken against a planner.

019

Rose

Explains steps that can be taken against a planner.

023

Chair Ferrioli

Talks about regulations and certification for APA.

027

Rose

Responds that the subject is sensitive with some APA members.

033

Chair Ferrioli

Expresses interest in pursuing the subject.

036

Rose

Discusses SB 516 and suggests amendments.

044

Chair Ferrioli

Requests explanation of the recommended amendments.

046

Rose

Explains four recommended word changes to the bill.

140

Harlan Levy

Oregon Association of Realtors (OAR). Provides testimony in support of SB 516 (EXHIBIT A):

  • Require that LCDC and Metro provide notice of pending rezones before they adopt a new rule or ordinance
  • Change the notification language to make it more accurate and less inflammatory
  • Provide local governments with an opportunity to receive reimbursement from the State for costs associated with notices triggered by LCDC rule changes.
  • Allow Metro to directly notify landowners without needing to go through the local jurisdictions.

Suggests amendments.

188

Chair Ferrioli

Asks for examples of what is considered misleading or inflammatory language.

192

Levy

Believes the current language inappropriately uses “will.”

215

Chair Ferrioli

Asks if changing “will” to “may” would make the statement less inflammatory.

225

Levy

Replies that it might improve SB 516.

230

Chair Ferrioli

Discusses the amendments suggested by Rose and asks if Levy would agree to the changes.

269

Levy

Believes the changes might be adequate.

279

Tucker

Responds and discusses the most accurate way to provide notice.

299

Chair Ferrioli

Asks if he would like the term “may increase or decrease the value” inserted to eliminate inflammatory implications but still provide information.

320

Tucker

Clarifies and offers to discuss the changes with 1000 Friends of Oregon.

345

Chair Ferrioli

States that the Legislature took steps to ensure action was a component of the notification and he is reluctant to overturn that decision.

358

Tucker

Explains that the suggested changes by Rose are acceptable but expresses concern with language concerning public hearings.

TAPE 28, B

002

Dave Hunnicutt

Oregonians In Action. Provides testimony on SB 516 and expresses concerns.

026

Chair Ferrioli

Requests clarification on the question of value as it relates to the notification process with landowners.

030

Hunnicutt

Discusses HB 2515 (97). Believes that landowners should be notified of impending changes in value.

059

Chair Ferrioli

Inquires if replacing “will” with “may” in the language of SB 516 would provide a significant improvement.

066

Hunnicutt

Replies that Oregonians In Action supports the current language.

104

Chair Ferrioli

Suggests more work on SB 516. Closes public hearing on SB 516 and adjourns meeting at 4:15 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 516, written testimony, Harlan Levy, 1 p.