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.