SENATE COMMITTEE ON WATER AND LAND USE

April 09, 2003 Hearing Room D

3:00 p.m. Tapes 44 - 46

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 605 Public Hearing

SB 516 Public Hearing and Work Session

SB 538 Public Hearing

SB 257 Public Hearing

SB 293 Public Hearing

SB 295 Public Hearing

SB 755 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 44, A
003	Chair Ferrioli		Calls meeting to order at 3:33 p.m. and opens public hearing on SB 605.
SB 605 - PUBLIC HEARING
010	Sen. Richard Devlin	District 19 State Senator. Provides testimony in support of SB 605 and explains that the bill would uphold the original intent of HB 3661. States that SB 605 restores balance to decisions on when houses can be built on forest zone lands and closes an unintended loophole.
043	Sen. Metsger	Asks for clarification on the loophole.
045	Sen. Devlin	Explains that in a single tract there could be multiple forest parcels and by manipulating those parcels, more houses could be built in a single forest tract.
055	Pat Zimmerman	Columbia County Citizens for Orderly Growth. Provides testimony in support of SB 605. Believes that building houses in forest tracts removes productive timber from the base. Provides an example of a contractor taking advantage of the loophole to create a tract with several parcels.
122	Chair Ferrioli	Discusses economic effects of house development on the local area and asks if a comparison between the value gained and the value lost exists.
136	Zimmerman	Replies that there is no cost benefit analysis and elaborates on economic benefits and losses. States that the economic loss to the county of a single family residence more than two miles outside the urban growth boundary is approximately -$35,000.
143	Chair Ferrioli	Asks if the loss is for a one year period.
145	Zimmerman	Affirms.
146	Chair Ferrioli	Replies that the economic life of the house would be 50 to 60 years.
149	Zimmerman	Explains that the people who would reside in the types of houses at issue are commuters. Believes the homes do not contribute significantly to the local economic benefit of the county.
155	Chair Ferrioli	Requests a cost benefit analysis if any exists.
158	Zimmerman	Offers to research the subject.
166	Harlan Levy	Oregon Association of Realtors. Provides testimony in opposition to SB 605 and asserts the bill restricts dwellings in forest zones. Believes counties can disallow the template test for farm dwellings.
193	Charles Swindells	Multnomah County. Provides testimony in support of SB 605. Discusses his land in Yamhill County. Asserts that the template test is a liberal dwelling authorization that works poorly and elaborates.
249	Chair Ferrioli	Clarifies that the cost benefit inquiry was specific to high value timberland. Inquires if Multnomah County a template county.
270	Swindells	Replies that Multnomah County allows template development in some parts of the county.
273	Chair Ferrioli	Asks if Yamhill County a template county.
275	Swindells	Affirms.
285	Chair Ferrioli	Inquires what interest groups worked on the compromises reached in HB 3661 (93).
289	Levy	Believes many different interest groups worked on HB 3661 (93) including timberland owners, landowners and 1000 Friends of Oregon.
295	Carrie MacLaren	1000 Friends of Oregon. Provides testimony in support of SB 605 (EXHIBIT A). Discusses forest template dwellings authorized by HB 3661 (93). Explains how SB 605 fixes an unintentional loophole by allowing only one dwelling per tract based on the configuration of the tract in 1993.
390	MacLaren	Concludes testimony on SB 605 and summarizes issues.
TAPE 45, A
010	Chair Ferrioli		Inquires if 1000 Friends of Oregon participated in HB 3661 (93).
012	MacLaren		Replies that 1000 Friends of Oregon participated in HB 3661 (93) and had significant concerns regarding the bill.
013	Chair Ferrioli		Asks if HB 3661 (93) was supported by 1000 Friends of Oregon
015	MacLaren		Believes HB 3661 was not supported by 1000 Friends of Oregon.
020	Chair Ferrioli		Talks about the variability in applications of forest template dwellings.
022	MacLaren		Responds that counties can choose to disallow forest template dwellings, otherwise forest template dwellings will be allowed by default.
029	Chair Ferrioli		States that counties have control over how the forest template applies.
030	MacLaren		Reiterates concern that by default counties are left with the forest template dwellings.
036	Chair Ferrioli		Discusses the ability of counties to control whether they use the forest template.
048	Sid Friedman		Yamhill County. Provides testimony in support of SB 605 (EXHIBIT B). Provides an example of landowners accessing the loophole for forest template approvals.
096	Chair Ferrioli		Asks why he has not worked towards changing Yamhill County’s attitude regarding forest templates.
098	Friedman		Replies that the state should not allow the de facto subdivision conversion of the most productive forest lands.
109	Chair Ferrioli		Asks if “de facto subdivision conversion” depends on a platted subdivision having been grandfathered.
110	Friedman		Replies that it does not depend on a platted subdivision having been grandfathered.
113	Chair Ferrioli		Reiterates his concern regarding platted subdivisions.
116	Friedman		Discusses the loophole that SB 605 intends to address.
137	Dave Hunnicutt		Oregonians In Action. Provides testimony against SB 605. Believes the Legislature did not intend for ambiguity in HB 3661 (93) and states that HB 3661 (93) gave counties the flexibility to authorize or disallow forest template dwellings.
183	Mitch Rohse		American Planning Association. Provides testimony in support of SB 605. Believes that HB 3361 did not intend to create a loophole and elaborates.
224	Chair Ferrioli		Comments on legislative intent.
233	Rohse		Believes that state policy should not allow overdevelopment in prime forest land.
242	Chair Ferrioli		Asks why the counties are not exercising their authority to deal with the issue as they see fit.
256	Rohse		Replies that counties should be allowed to make policy issues regarding the issue.
271	Merilyn Reeves		Friends of Yamhill County. Provides testimony in support of SB 605 (EXHIBIT C) and states support for closing the loophole that adversely impacts timber production by allowing multiple dwellings on large tracts of productive forest land.
358	Glen Stonebrink		Oregon Cattlemen Association. Provides testimony against SB 605. Believes land use decisions should be made by local governments.
TAPE 44, B
010	Randy Tucker		1000 Friends of Oregon. States that 1000 Friends of Oregon protects the land base for its resource uses by forestry and agriculture.
030	Chair Ferrioli		Closes public hearing on SB 605. Opens public hearing on SB 516.
SB 516 – PUBLIC HEARING
046	Harlan Levy		Oregon Association of Realtors (OAR). Provides testimony in support of SB 516 and -1 amendments.
050	Chair Ferrioli		Comments that SB 516 and -1 amendments are a consensus of 1000 Friends of Oregon and OAR.
052	Randy Tucker		1000 Friends of Oregon. Comments that many interest group participated in the work group.
063	Dave Hunnicutt		Oregonians in Action (OIA). Discusses the work group progress. Expresses support for SB 516-1 amendments but opposes SB 516 as a whole.
070	Chair Ferrioli		Asks if the opposition comes from the change to the notification language.
075	Hunnicutt		Affirms.
078	Tucker		Remarks that the work group agreed to language modifications recommended by Senator Ferrioli and OIA.
080	Hunnicutt		Comments that the proposed changes are substantially improved from the original bill
085	Chair Ferrioli		Closes public hearing on SB 516 and opens work session on SB 516.
SB 516 – WORK SESSION
093	Judith Callens		Committee Administrator. Provides overview of SB 516 and -1 amendments (EXHIBIT D).
135	Sen. Atkinson		MOTION: Moves to ADOPT SB 516-1 amendments dated 4/4/03.
140			VOTE: 4-0
	Chair Ferrioli		Hearing no objection, declares the motion CARRIED.
145	Sen. Atkinson		MOTION: Moves SB 516 to the floor with a DO PASS AS AMENDED recommendation.
150			VOTE: 4-0
	Chair Ferrioli		Hearing no objection, declares the motion CARRIED. SEN. ATKINSON will lead discussion on the floor. Closes work session on SB 516 and opens public hearing on SB 257.
SB 257 – PUBLIC HEARING
167	Judith Callens		Committee Administrator. Provides overview of SB 257.
170	Chair Ferrioli		Closes public hearing on SB 257 and opens public hearing on SB 293.
SB 293 – PUBLIC HEARING
173	Judith Callens		Committee Administrator. Provides overview of SB 293.
175	Chair Ferrioli		Opens public hearing on SB 295.
SB 295 – PUBLIC HEARING
177	Judith Callens		Committee Administrator. Provides overview of SB 295.
179	Chair Ferrioli		Asks for presentations by participants in the work groups on SB 293 and SB 295.
192	Inga Deckert		Oregon State Treasury. Provides information on progress made by the work group. Gives feedback from the work group and explains they will regroup to work on another proposal which will be narrowed to the John Day River and will be a pilot project.
238	Phil Donovan		Association of Northwest Steelheaders. Supports the navigability work group and believes that a legislative compromise will provide the best solution.
260	Jean Wilkinson		Oregon Farm Bureau. Supports a resolution to maintain private property ownership of the beds and banks of rivers and allow some public access for recreation. Elaborates on work group progress.
302 Chair Ferrioli Requests the work groups continue to work on SB 293 and SB 295 and summarizes issues. Closes public hearings on SB 293 and SB 295 and opens public hearing on SB 755. The following prepared testimony is submitted for the record without public testimony for SB 295 Ann Hanus Submits written testimony (EXHIBIT E) SB 755 – PUBLIC HEARING
354	Judith Callens		Committee Administrator. Provides overview of SB 755.
358	Sen. Ringo		States the bill will not be necessary. Talks about Forest Park and asserts SB 755 will limit expansion in private holdings in Forest Park.
377	Chair Ferrioli		Closes public haring on SB 755 and opens public hearing on SB 538.
SB 538 – PUBLIC HEARING
380	Judith Callens		Committee Administrator. Provides overview of SB 538.
390	Sen. Gary George		District 12 State Senator. Provides testimony in support of SB 538 (EXHIBIT F).
TAPE 45, B
005	Sen. George		States that counties are prepared to do their own land use planning and elaborates.
049	Ferrioli		Asks about his occupation.
050	Sen. George		States he is a life-long farmer.
060	Stonebrink		Provides testimony in support of SB 538 (EXHIBIT G). Discusses constitutional issues relating to SB 538. Believes that Oregon’s land use laws and policies place people who own property under servitude.
230	Sen. George		Believes that local jurisdictions should manage land use policies.
268	Stephen Kafoury		American Planning Association. Provides testimony against SB 538. States the bill simply changes who does land use planning from state to county management.
282	Chair Ferrioli		Asks about the history of land use planning in Oregon and wonders if land use planning was intended be a state system that would eventually be taken over by counties.
293	Kafoury		States that the original goal was for counties to implement policies based on state guidelines.
300	Chair Ferrioli		Asks if an overarching goal of protecting prime farmland has been accomplished.
307	Kafoury		Believes the goal has been partially attained.
315	Reeves		Provides testimony against SB 538 (EXHIBIT H). Believes the statewide land use planning system has enabled Yamhill County to maintain a strong agricultural and forest economy.
TAPE 46, A
005	Randy Tucker		1000 Friends of Oregon. Provides testimony against SB 538 (EXHIBIT I). States SB 538 would abandon three decades of work that has made Oregon the envy of the nation for its success in managing growth and discusses evidence of the success of Oregon’s land use laws. Discusses
070	Harlan Levy		Oregon Association of Realtors. Provides testimony on SB 538. Asserts a neutral stance but believes that some public dissatisfaction exists with land use policies.
100	Chair Ferrioli		Comments on the need to address some aspects of land use management.
115	Don Schellenberg		Oregon Farm Bureau. Provides testimony against SB 538 (EXHIBIT J). Talks about the development of farmland and explains that his written testimony contains a series of typographical errors in which SB 538 is shown as SB 358.
165	Clif Kenagy		Benton County. Provides testimony against SB 538. Discusses Oregon’s land use program and states the program has been successful.
197	Chair Ferrioli		Closes public hearing on SB 538 and adjourns meeting at 5:40 p.m.

EXHIBIT SUMMARY

A – SB 605, written testimony, Carrie MacLaren, 6 pp.

B – SB 605, written testimony, Sid Friedman, 2 pp.

C – SB 605, written testimony, Merilyn Reeves, 2 pp.

D – SB 516, SB 516-1 amendments dated 4/4/03, staff, 3 pp.

E – SB 295, written testimony, Ann Hanus, 15 pp.

F – SB 538, written testimony, Sen. Gary George, 9 pp.

G – SB 538, written testimony, Glen Stonebrink, 2 pp.

H – SB 538, written testimony, Merilyn Reeves, 3 pp.

I – SB 538, written testimony, Randy Tucker, 4 pp.

J – SB 538, written testimony, Don Schellenberg, 2 pp.