March 30, 2005   Hearing Room 50

1:30 P.M. Tapes  48 - 49


MEMBERS PRESENT:            Rep. Bill Garrard, Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Mitch Greenlick, Vice-Chair

Rep. Robert Ackerman

Rep. Mary Nolan

Rep. Patti Smith

Rep. Mac Sumner


STAFF PRESENT:                  Sam Litke, Committee Administrator

Lindsay Luckey, Committee Assistant




                                                HB 2704- Public Hearing

HB 2100 – 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 48, A


Chair Garrard

Calls the meeting to order at 1:37 p.m. and reports that no work sessions will be held today.  Opens a public hearing on HB 2704.



Sam Litke

Committee Administrator.  Introduces the provisions of HB 2704.


Rep. Mitch Greenlick

HD 33, Sponsor of HB 2704.  Relays that amendments are being worked on.  Describes a bill introduced in 2003 session to name Forest Park as an area of special state concern.  Describes unique attributes of Forest Park and concerns of protecting the area.  Reviews intention of bill is to have the Department of Land Conservation and Development (DLCD) study the question of making Forest Park an area of special state concern.


Bob Rindy

Department of Land Conservation and Development (DLCD).  Discusses conversations with Rep. Greenlick.  Outlines process for designating an area of special concern.  Adds that with the proposed amendments, the fiscal impact will probably not apply.


Chair Garrard

Comments that the fiscal impact is around $125,000 (EXHIBIT A).



Reports that DLCD would need to hire a park planning specialist to do the required work.  Also notes that Page 1, lines 24-25 may amend LCDC rules and recommends amending HB 2704 to remove those elements. 


Randy Tucker

Legislative Affairs Manager, METRO.  Relays two main concerns of staff about HB 2704 as written including:

  • the language about “area of influence” and potential problem in rapidly growing area of Bethany
  • the isolated process proposed in HB 2704 is not integrated with the ongoing processes in the region.

Expresses shared interest in the concept and willingness to work on language which better addresses their concerns.


Rep. Anderson

References Rindy’s comments about offsetting costs to local governments and asks about the fund from which this would be taken.



Explains that there is a fund that DLCD manages to provide grants to local governments for planning.  Comments that the funding required for local governments to complete the study required in HB 2704 may come from that fund.


Rep. Anderson

Comments it seems to be written for Forest Park with a possibility to be used for other parks of 1000 acres or more.  Asks if there are any other parks where this is being requested.


Rep. Greenlick

Responds he is not aware of any specifics.  Explains that the intention was for the bill to address Forest Park but that it was made more generic by Legislative Counsel.  Adds that amendments will narrow the bill to Forest Park.


Chair Garrard

Asks how long Rep. Greenlick would like the committee to wait to rehear the bill. 


Rep. Greenlick

Responds that one week should be sufficient.


Chair Garrard

Reschedules bill to be heard in one week and closes public hearing on HB 2704.  Opens a public hearing on HB 2100.



Sam Litke

Committee Administrator.  Introduces the provisions of HB 2100 and   -1 amendments (EXHIBIT B)


Sen. Jason Atkinson

SD 2.  Provide background information on a bill introduced in 1999 which would regionalize the representatives of the Land Conservation and Development Commission (LCDC) board  and explains that HB 2100 would go a step further to regionalize some administrative rules to be made at the local level. 

TAPE 49, A


Sen. Atkinson

Discusses difficulties in navigating the land use system and states intention of HB 2100 to bring the system closer to the people.  Commends the Director Shetterly and Oregon Federation Farm Bureau.


Lane Shetterly

Director, Department of Land Conservation and Development (DLCD).  Describes the questions of regionalization and more transparency in the land use program as consistent themes in time spent traveling around Oregon.  Discusses legislation introduced, SB 82, that would initiate a 30-year review of the land use system and better reflect regionalization.  States the department’s position as neither in support or in opposition to HB 2100.  Discusses the fiscal impact stemming from expanding the staff of commissions.  Mentions that some regional interests are already reflected in the program although they are not very transparent. 


Rep. Greenlick

States assumption that there would be some statewide tasks with some interpretation at the regional level.  Asks how Shetterly, as the head of the organization, would manage the process between state and regional commissions.



Responds he does not have a definitive plan but that it would probably be similar to the current structure.


Rep. Greenlick

Notes the regional distinctions throughout Oregon and asks if Shetterly believes it is possible to create regions that are homogeneous enough within themselves but heterogeneous enough among them to represent real regional differences.



Remarks that it is an excellent question and uses the proposed Region 5 in HB 2100 to illustrate substantial differences within the region.  Comments that HB 2100 addresses some major regional breaks and that there will always be imperfections in creating regions.


Chair Garrard

Comments that there has been a question of the constitutionality of having the board members be land owners and asks if Shetterly is familiar with this question.



Responds that he is not familiar.


Don Schellenberg

Oregon Farm Bureau.  Submits and reads from written testimony (EXHIBIT C) in support of HB 2100 with -1 amendments.


Chair Garrard

Remarks on the work that needs to be done on the bill and the constitutional questions answered.  Closes the public hearing on HB 2100 and adjourns the meeting at 2:21 p.m.





  1. HB 2704, fiscal impact statement, staff, 1 p
  2. HB 2100, -1 amendments, staff, 3 pp
  3. HB 2100, written testimony, Don Schellenberg, 2 pp