SENATE COMMITTEE ON WATER AND LAND USE

 

May 28, 2003                                                                                                          Hearing Room D

3:00 p.m.                                                                                                                     Tapes  63 – 64

 

MEMBERS PRESENT:         Sen. Ted Ferrioli, Chair

Sen. Charlie Ringo, Vice-Chair

Sen. Jason Atkinson

Sen. Rick Metsger

 

STAFF PRESENT:                 Judith Callens, Committee Administrator

Patricia Nielsen, Committee Assistant

 

MEASURE/ISSUES HEARD:           HB 3245A – Public Hearing and Work Session

HB 2688A – Public Hearing and Work Session

HB 2898 – 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 63, A

004

Chair Ferrioli

Calls meeting to order at 3:10 p.m.  Opens public hearing on HB 3245A.

HB 3245A – PUBLIC HEARING

010

Judith Callens

Committee Administrator.  Presents overview of HB 3245A, which exempts manufactured dwelling park or mobile home park conversion to planned community subdivision from certain city, county and land use regulations.  Discusses –A6 amendments dated 5-28-03 (EXHIBIT A).

025

Brian DeMarco

Oregon Real Estate Agency.  Testifies in support of HB 3245A and the –A6 amendments.  Submits written testimony (EXHIBIT B).  Discusses subdivision and purchase of lots in manufactured dwelling or mobile home parks.

090

John Brenneman

Manufactured Housing Communities of Oregon (park owners).  Discusses intent to transfer ownership of parks from one owner to each individual owner.  Testifies in support of –A6 amendments.

135

Stephen Kafoury

Oregon Chapter, American Planning Association.  Testifies in support of HB 3245A and –A6 amendments.  Discusses zoning changes provided for.  Expresses support of Oregon Manufactured Home Association.

170

Rep. Jeff Merkley

District 47.  Testifies in support of HB 3245A and –A6 amendments.

195

Linda Ludwig

League of Oregon Cities (LOC).  Testifies as neutral and raises concerns:

·         Freezing regulations at time park was approved may mean different regulations for different parks

·         Ten year period is long for freezing lot uses and would recommend a shorter period

230

Fred Schwoch

Manufactured Homeowners of Oregon/OSTA.  Testifies in support of HB 3245A.

245

Cheryl Pellegrini

Oregon Department of Justice (DOJ).  Testifies in support of HB 3245A.  Discusses attempts to eliminate barriers to home ownership by park residents.

265

Chair Ferrioli

Closes public hearing on HB 3245A.  Opens work session on HB 3245A.

HB 3245A – WORK SESSION

270

Sen. Atkinson

MOTION:  Moves to ADOPT HB 3245A-6 amendments dated 5/28/03.

275

 

VOTE:  4-0

 

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

280

Sen. Atkinson

MOTION:  Moves HB 3245A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0

 

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

285

Chair Ferrioli

Closes work session on HB 3245A.  Opens public hearing on HB 2688A.

HB 2688A – PUBLIC HEARING

290

Judith Callens

Committee Administrator.  Presents overview of HB 2688A, which allows use of material removed from submersible and submerged lands owned by state for certain purpose without payment of royalties.

315

Ken Armstrong

Oregon Ports Group.  Testifies in support of HB 2688A.  Submits written testimony (EXHIBIT C).  Discusses royalties due on material dredged from rivers.

365

Keith Leavitt

Port of Portland.  Testifies in support of HB 2688A.  Explains beneficial uses of dredged material.

395

Jeannette Holman

Assistant Director, Division of State Lands (DSL).  Testifies in support of HB 2688A.

410

Chair Ferrioli

Closes public hearing on HB 2688A.  Opens work session on HB 2688A.

HB 2688A – WORK SESSION

415

Sen. Ringo

MOTION:  Moves HB 2688A to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0

 

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

SEN. METSGER will lead discussion on the floor.

420

Chair Ferrioli

Closes work session on HB 2688A.  Opens public hearing on HB 2898.

HB 2898 – PUBLIC HEARING

425

Judith Callens

Committee Administrator.  Presents overview of HB 2898, which directs State Department of Geology and Mineral Industries (DOGAMI) to establish program providing for pooling of reclamation bonds.

TAPE 64, A

015

Sen. Atkinson

Asks how measure came to committee without subsequent referral.

020

Chair Ferrioli

Clarifies the measure has been in committee some time and may have developed changes since the House passed it.

025

Gary Lynch

DOGAMI.  Testifies in support of HB 2898.  Discusses increase in costs of surety bonds for mine reclamation.  Describes support by federal government including Forest Service and Bureau of Land Management (BLM), and programs beginning in other states.

060

Sen. Metsger

Asks how the agency anticipates funding.

065

Lynch

Discusses infrequent bond failures, and ability of agency to cover all failures with bonds from those who do not fail.  Points out the language says “shall” establish the bond pool, and would prefer “may” establish.

090

Chair Ferrioli

Asks about conceptual amendment from “shall” to “may.”

100

Sen. Metsger

Suggests a conceptual amendment and conference committee process.

105

Sen. Atkinson

Agrees.

110

Sen. Ringo

Agrees.

115

Sen. Metsger

Asks about how this is portrayed in the DOGAMI budget.

120

Lynch

Explains the budget has been passed, without a problem over this issue.  Understands Fiscal has recommend an Emergency Board request if necessary.

130

Chair Ferrioli

Assumes the program will be funded with user fees, resulting in zero fiscal impact.

135

Lynch

Reiterates there is no anticipation of funding with General Fund dollars.

140

Chair Ferrioli

Closes public hearing on HB 2898.  Opens work session on HB 2898.

HB 2898 – WORK SESSION

145

Sen. Ringo

MOTION:  Moves to AMEND HB 2898 on page 1, in line 6, by changing the word "shall" to "may".

 

 

VOTE:  4-0

 

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

150

Sen. Ringo

MOTION:  Moves HB 2898 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

 

 

VOTE:  4-0

 

Chair Ferrioli

Hearing no objection, declares the motion CARRIED.

160

Chair Ferrioli

Closes work session on HB 2898.  Adjourns the meeting at 3:50 p.m.

 

EXHIBIT SUMMARY

 

A – HB 3245A, -A6 amendments (5-28-03), staff, 3 pp

B – HB 3245A, written testimony, Brian DeMarco, 14 pp

C – HB 2688A, written testimony, Ken Armstrong, 2 pp