HOUSE COMMITTEE ON LAND USE

 

 

April 27, 2005 Hearing Room 50

1:30 P.M. Tapes  73 - 74

 

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

 

MEASURES/ISSUES HEARD:

HB 3310 - Work Session

HB 2704 – Work Session

                                                HB 3135 – 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 73, A

002

Chair Garrard

Calls the meeting to order at 1:40 p.m. and opens a work session on HB 3310.

HB 3310 - WORK SESSION

 

Chair Garrard

Calls Linda Ludwig forward and mentions -3 amendments (EXHIBIT A).

 

Linda Ludwig

League of Oregon Cities.  Discusses the -3 amendments.  Introduces Jim Brown and Ron Hallyburton who worked with the interim committee.  Urges support for -3 amendments.

032

Jim Brown

Represented the Governor’s office on the periodic review task force.  Relays that the -3 amendments do a good job of representing the consensus of committee.

 

Rob Hallyburton

Department of Land Conservation and Development (DLCD).  Announces the support of DLCD.

052

Rep. Greenlick

Asks how HB 3310-3 will effect Metro and asks if it will effect the time table for comprehensive review.

 

Ludwig

References Page 3, line 17-20.

 

Rep. Greenlick

Understands.

 

Rep. Nolan

Asks if Metro is speaking on this bill and asks if potential conflicts with SB 431 have been cleared up.

 

Ludwig

Responds that language of SB 431 has been incorporated into the -3 amendments.

075

Lane Shetterly

Director, Department of Land Conservation and Development (DLCD).  Confirms that the amendments implement the recommendation of the committee and gives support for HB 3310-3.  Discusses the interim committee.

 

Randy Tucker

Metro.  Refers to Section 10 and 11 on pages 16-18 as including the language of SB 431.   

 

Shetterly

Relays there was a minority report to the committee recommendations which recommended a maintenance of  periodic review on a much more extensive basis.  Discusses lack of resources and staffing as limiting factors and the committee recommendations allowing the “most bang for the buck”.

 

Tucker

Explains the provisions of SB 431 and its legislative history this session, noting it has received no opposition thus far.

 

Rep. Greenlick

Refers to the bold section on Page 10 of the amendments which discusses amending the comprehensive plan and asks if that is a complicated thing.

 

Ludwig

Responds that the language is trying to get at using the periodic review process to add on to local jurisdiction new regulations through the legislative process.

 

Rep. Greenlick

Verifies that the amendment in Section 1 is there to provide efficiency.

 

John Van Landingham

Chair of the interim committee.  Responds that it is easier than doing a full periodic review and explains that is the purpose of adding the provision.

 

Shetterly

Adds reasons for the inclusion of these amendments.

160

Art Schlack

Association of Oregon Counties.  Speaks in support of HB 3310.  Points out that cities and counties that not required to, may ask the commission to undergo periodic review on their own initiation.  Reports that his concerns have been addressed and supports HB 3310-3.

200

Rep. Greenlick

MOTION:  Moves to ADOPT HB 3310-3 amendments dated 4/27/05.

 

 

VOTE:  7-0-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Garrard

The motion CARRIES.

210

Rep. Anderson

MOTION:  Moves HB 3310A to the floor with a DO PASS recommendation.

 

 

VOTE:  7-0-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Garrard

The motion CARRIES.

REP. GARRARD will lead discussion on the floor.

 

Chair Garrard

Closes the work session on HB 3310 and opens a work session on HB 2704.

 

 

HB 2704 – WORK SESSION

232

Sam Litke

Committee Administrator.  Reviews legislative history of HB 2704.

 

Rep. Greenlick

HD 33. Submits the -2 amendments (EXHIBIT C) and discusses their effect.  Requests that the committee adopt the -2 amendments and pass HB 2704 to Agriculture and Natural Resources committee.

326

Rep. Anderson

Asks if this bill relates to a single park why the issue is being brought to the state instead of in front of Metro.

 

Rep. Greenlick

Responds that Metro is looking at the issue and states that because Forest Park is an extraordinary resource, it transcends local responsibility.  Describes the unique characteristics of Forest Park.

369

Rep. P. Smith

Asks how many private property owners live in the 2 mile area around the park.

 

Rep. Greenlick

Responds there are hundreds.

 

Rep. P. Smith

Asks if they have been notified.

 

Rep. Greenlick

Responds that there is nothing to notify them about.  Adds that they are notified about issue related to Goal 5.

389

Rep. Nolan

Asks if Rep. Greenlick thinks there is something wrong with the way the park is being managed now. 

 

Rep. Greenlick

Responds that there is nothing wrong at the moment and commends past management in the last 100 years. 

TAPE 74, A

 

Rep. Greenlick

Adds that some recent urban growth boundary expansions threatened wildlife corridors and wants to make sure that considerations are made in future UGB expansions.

025

Rep. Nolan

Remarks that Friends of Forest Park were concerned that the bill may have a detrimental effect and asks if Rep. Greenlick has consulted with them on the -2 amendments.

 

Rep. Greenlick

Responds they have received the -2 amendments and there has been no objection from the group.

 

Rep. Nolan

Verifies that the -2 amendments address their concerns.

 

Rep. Greenlick

Responds that he has not heard of any objections.

 

Sam Litke

Committee Administrator.  Notes a revision from the original bill in the -3 amendments.

050

Rep. Anderson

MOTION:  Moves to ADOPT HB 2704-2 amendments dated 4/11/05.

 

 

VOTE:  7-0-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Garrard

The motion CARRIES.

055

Rep. Anderson

MOTION:  Moves HB 2704A AS AMENDED to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Agriculture and Natural Resources by prior reference.

 

 

VOTE:  7-0-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Garrard

The motion CARRIES.

 

 

Closes the work session on HB 2704 and opens a work session on HB 3135.

HB 3135 – WORK SESSION

 

Chair Garrard

Introduces HB 3135 and asks Lisa Arkin and Gail Whitsett to come forward.

085

Lisa Arkin

Submits -4 amendments (EXHIBIT D) and -5 amendments (EXHIBIT E) and reports that they address all of the concerns raised in the public hearing and explains their effect.  

 

Rep. Greenlick

Verifies they are discussing the -4 amendments.

 

Arkin

Confirms this and reports there is only a 3 word difference between the  -4  and -5 amendments.  Discusses the three ways an energy facility siting can get land use approval.

105

Arkin

Explains provisions from Page 2 of -4 amendments.  Notes that “wind power generation” is excluded from the -5 amendments.

144

Arkin

Discusses procedures if exceptions must be taken referencing Page 3 of -4 amendments.  Reports that when consensus between jurisdictions cannot be met, it will move to binding arbitration.

172

Rep. Greenlick

Asks who would be the parties of the arbitration.

 

Arkin

Responds that the parties would be the local government and energy facility siting council.

 

Rep. greenlick

Verifies that it would not be the person bringing the application.

 

Arkin

Responds negatively and elaborates on the process of arbitration.

 

Rep. P. Smith

Asks if there is a time limit if the parties do not agree.

 

Arkin

Responds negatively.

188

Rep. Greenlick

Comments that he cannot think of examples when two governing bodies go to binding arbitration and asks Arkin if she can provide any.

 

Arkin

Responds that she cannot.  Explains the intention of including this provision.

 

Rep. Greenlick

Makes suggestions for other possible solutions.

 

Rep. Nolan

Comments that local governments regularly enter into contracts that may lead to arbitration.

 

Arkin

References Page 6, line 25, section 9 of the -4 amendments and describes the creation of a task force on regional energy policy and outlines parties involved. 

 

Gail Whitsett

Reads a prepared statement urging support of HB 3135 and clarifies that it will not effect sites already sited or in the process of siting.

285

Rep. Ackerman

References Page 1 of the -4 amendment, line 14 and asks about definitions of regions under siting council guidelines.

 

Arkin

Responds that the region is defined as by the Northwest Power and Conservation Council.  References Page 7 of -4 amendments, lines 14 and 15.

 

Rep. Ackerman

Verifies that land use approval can now come from both the local government and an advisory committee.

 

Arkin

Verifies Rep. Ackerman is referring to the special advisory group.

 

Rep. Ackerman

Responds affirmatively.

 

Arkin

Explains that the special advisory group is defined in the ORS as the local government.

 

Rep. Ackerman

Asks where it is defined.

 

Arkin

References discussions with Legislative Counsel and elaborates on who could make up the special advisory group.

 

Rep. Ackerman

Explains his concern related to county commissioners’ authority.

370

Arkin

Responds how these amendments addressed criticism.

 

Rep. Ackerman

Reports his concern to keep counties informed of the changes.

 

Arkin

Announces Lane County sent a letter of support for the bill and references discussions with them.

TAPE 73, B

002

Chair Garrard

Asks if any representatives from Lane County have seen the -4 or -5 amendments.

 

Arkin

Explains that they have not.

 

Rep. Ackerman

States he will not be satisfied until counties have signed off on these amendments.

 

Dave Stewart-Smith

Energy Resources Assistant Director, Department of Energy.  Relays his understanding that the -4 amendments do not change the definition of special advisory groups and only expands their responsibilities.

 

Rep. Ackerman

Reiterates concern that counties know their responsibilities have been expanded.

 

Stewart-Smith

Restates understanding of special advisory groups.

 

Chair Garrard

Asks Rep. Ackerman if this answers his concerns.

 

Rep. Ackerman

Responds negatively.

 

Rep. P. Smith

Asks if it would be possible to move HB 3135 on to its subsequent committee without the -4 or -5 amendments.

044

Chair Garrard

Discusses possibilities.

 

Rep. Ackerman

Restates that the counties need to be aware of the changes.

 

Chair Garrard

Asks that they come back on Monday May 2, 2005.

 

Arkin

Responds that she will run the amendments by the Lane County Commissioners and notes that HB 3135 will not effect them now.

 

Chair Garrard

Discusses the importance of including the concerns of those involved to correct the problems.

 

Rep. Greenlick

Asks about the reasoning for inclusion of wind power in one set of amendments and exclusion in the other.  Also asks about strong opposition from power companies from previous testimony.

077

Arkin

Responds that she cannot speak for the power companies and remarks on previous testimony and amendments addressing some of their concerns. 

 

Rep. Greenlick

Asks again about the difference between the -4 and -5 amendments.

 

Arkin

Responds that it was part of the concern raised by previous testimony.

100

Chair Garrard

Verifies that Monday will be sufficient time to review the amendments.

 

Arkin

Responds affirmatively and comments on amendments for arbitration.

 

Chair Garrard

Confirms HB 3135 will be heard on Monday May 2, 2005 and notes the subsequent referral to the House Environment Committee.  Closes work session on HB 3135 and adjourns the meeting at 2:44 p.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 3310, -3 amendments, Linda Ludwig, 22 pp
  2. HB 3310, fiscal statement, staff, 1 p
  3. HB 2704, -2 amendments, Rep. Greenlick, 2 pp
  4. HB 3135, -4 amendments, Lisa Arkin, 8 pp
  5. HB 3135, -5 amendments, Lisa Arkin, 8 pp