SENATE COMMITTEE ON WATER AND LAND USE

 

April 28, 2003                                                                                                         Hearing Room D

3:00 p.m.                                                                                                                      Tapes 57 – 58           

 

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:           HB 2689 Public Hearing

SB 538 Public Hearing and Work Session

HB 3261 Public Hearing and Work Session

HB 3265 Public Hearing

HB 3213 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 57, A

005

Chair Ferrioli

Calls meeting to order at 3:15 p.m. and opens public hearing on HB 2689.

HB 2689 – PUBLIC HEARING

010

Judith Callens

Committee Administrator. Provides overview of HB 2689.

021

Ben Boswell

Wallowa County Commissioner. States support for HB 2689. Believes HB 2689 will provide more assistance for improving economic conditions.

048

Chair Ferrioli

Closes public hearing on HB 2689 and opens public hearing on SB 538.

SB 538 – PUBLIC HEARING

050

Judith Callens

Committee Administrator. Provides overview of SB 538 and -1 amendments dated 4/25/03 (EXHIBIT A).

075

Ross Day

Oregonians in Action. Provides testimony in support of SB 538 and -1 amendments (EXHIBIT B). States that the -1 amendments:

  • Clarify that gatherings defined by ORS 433.735 are not subject to land use regulation
  • Clarify that a property owner may hold outdoor gatherings of less than 3,000 persons without a land use permit provided the gathering is not anticipated to last more than 120 hours and the property owner shall not have more than 3,000 attendees in any three-month period
  • Clarify that permanent structures may not be constructed in conjunction with the outdoor gathering

114

Sen. Ringo

Asks what types of mass gatherings are included.

117

Day

Lists weddings, bar mitzvahs, religious gatherings, political gatherings, and concerts.

124

Ron Eber

Department of Land Conservation and Development. Provides testimony in support of SB 538 and -1 amendments (EXHIBIT C). Discusses the definition of “land use decision.”

175

Carrie MacLaren

1000 Friends of Oregon. States support of SB 538 and expresses concern regarding unintended consequences of SB 538-1 amendments.

199

Sen. Metsger

Asks if her concern is that -1 amendment states a limit of 120 hours or 3,000 people, which could be construed to mean that a gathering might not exceed 120 hours but 20,000 people could attend.

208

MacLaren

Affirms.

212

Chris Crean

Legislative Counsel. Suggests the wording should reflect 120 hours and 3,000 people instead of 120 hours or 3,000 people.

230

Day

Comments that the “and” makes it broader and recommends keeping the “or.”

242

MacLaren

Suggests the wording should not change but the record should show the intention.

250

Chair Ferrioli

States the record should reflect the intention of 120 hours in a consecutive three-month period or 3,000 in a consecutive three-month period.

255

Sen. Metsger

Asks if the wording in SB 538 should be changed.

257

Chair Ferrioli

Responds that changing the wording of the bill would broaden the bill.

258

Sen. Metsger

Suggests changing the language to state that the gathering should not exceed either 3,000 people or 120 hours.

260

Crean

Confirms that inserting “either” would clarify the intent of the -1 amendment.

SB 538 – WORK SESSION

280

Sen. Ringo

Asks for clarification on the proposed changes.

285

Chair Ferrioli

Explains the proposed changes.

300

Sen. Metsger

MOTION:  Moves to ADOPT SB 538-1 amendments dated 4/25/03 and that the measure be FURTHER AMENDED on page 3, line 23, by inserting "either" after "exceed" and on page 8, line 5, by inserting "either" after "exceed".

305

 

VOTE:  4-0

 

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

310

Sen. Metsger

MOTION:  Moves SB 538 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

315

 

VOTE:  4-0


 

 

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

Closes work session on SB 538 and opens public hearing on HB 3261.

HB 3261 – PUBLIC HEARING

339

Judith Callens

Committee Administrator. Provides overview of HB 3261.

360

Chair Ferrioli

Closes public hearing and opens work session on HB 3261.

HB 3261 – WORK SESSION

360

Sen. Ferrioli

MOTION:  Moves HB 3261 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

365

 

VOTE:  3-0

EXCUSED:  1 - Sen. Metsger

 

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

SEN. FERRIOLI will lead discussion on the floor.

Closes work session on HB 3261 and opens public hearing on HB 3265.

HB 3265  – PUBLIC HEARING

393

Mike Dewey

Waste Management. States support of HB 3265. Explains amendments are being drafted in Legislative Counsel and requests another public hearing.

413

Chair Ferrioli

Closes public hearing on HB 3265 and opens public hearing on HB 3213.

TAPE 58, A

HB 3213 – PUBLIC HEARING

001

Judith Callens

Committee Administrator. Provides overview of HB 3213.

015

Kristin Udvari

Sunriver Resort and Eagle Crest Resort Attorney. Provides testimony in support of HB 3213 (EXHIBIT D). Discusses proposed amendments to HB 3213.

100

Linda Swearingen

Eagle Crest Resort, Sunriver Resort. Provides testimony in support of HB 3213 (EXHIBIT E). Discusses real property accounts, houses and condominiums at destination resorts such as Sunriver Resort, Black Butte Ranch and Eagle Crest Resort.

163

Jerry Andres

Eagle Crest Resort. Provides testimony in support of HB 3213 (EXHIBIT F). Explains Eagle Crest’s difficulties with encouraging individual investment in single-family dwellings when potential buyers can only use the dwelling for seven weeks per year and must turn over responsibility for rental of the dwelling to a central rental service. Believes the issue can be remedied by allowing resorts to count a portion of individually owned second homes as overnight lodgings.

225

Sen. Atkinson

Asks if HB 3213 would be beneficial for other resorts in the state.

235

Udvari

Responds that a test run with Eagle Crest and Sunriver should occur first.

242

Sen. Atkinson

Asks if there is a sunset clause on HB 3213.

245

Udvari

Replies that there is no sunset clause.

253

Tom Leursen

Sunriver Resort. Provides testimony in support of HB 3213 (EXHIBIT G). States that HB 3213 will create a third option for resorts to meet the overnight lodging standards.

300

Sen. Atkinson

Asks if there are other developers who could build under HB 3213.

305

Leursen

Responds that he does not know of any developers but believes it is possible.

325

Don Schellenberg

Oregon Farm Bureau. Asks for clarification on the use of “may.”

360

Sen. Ringo

Clarifies that “may” is permissive but “may not” is not permissive.

374

Chris Crain

Clarifies “shall not” and “may not” are both mandatory prohibitions.

380

Schellenberg

Asks if comments by Gary Harris have been submitted.

384

Chair Ferrioli

Clarifies that the bill will have amendments which will be considered in the future.

395

Carrie MacLaren

1000 Friends of Oregon. Provides testimony in opposition to HB 3213. Discusses destination resorts in Oregon and overnight lodging versus second homes.

TAPE 57, B

005

MacLaren

Continues expressing concerns regarding HB 3213.

059

Chair Ferrioli

Asks if she believes HB 3213 will create less opportunity for overnight accommodations.

062

MacLaren

Affirms.

066

Chair Ferrioli

Asks for recommendations to address concerns.

070

MacLaren

Offers to research the issue of comparable vacancy rates and suggests that members of the industry have access to information relevant to the issues.

080

Chair Ferrioli

Requests proponents of the bill research possible solutions for the next public hearing.

095

Chair Ferrioli

Closes work session on HB 3213 and adjourns meeting at 4:17 p.m.

 

 

EXHIBIT SUMMARY

 

A – SB 538, SB 538-1 amendments dated 4/25/03, staff, 10 pp.

B – SB 538, written testimony, Ross Day, 1 p.

C – SB 538, written testimony, Ron Eber, 1 p.

D – HB 3213, written testimony, Kristin Udvari, 5 pp.

E – HB 3213, written testimony, Linda Swearingen, 1 p.

F – HB 3213, written testimony, Jerry Andres, 2 pp.

G – HB 3213, written testimony, Thomas Luersen, 2 pp.

H – HB 3213, written testimony, Sen. Beverly Clarno, 1 p.

I – HB 3213, written testimony, Bob Rindy, 2 pp.