HOUSE COMMITTEE ON LAND USE

 

 

May 18, 2005 Hearing Room 50

1:30 P.M. Tapes  99 - 100

Corrected 10/14/05

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:

SB 413A - Public Hearing

SB 887A - Work Session

SB 688A – Public Hearing and Work Session

                                                SB 1044 - Public Hearing and Work Session

                                                HB 3285 - Reconsideration 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 99, A

002

Chair Garrard

Calls the meeting to order at 1:38 p.m. and opens a public hearing on SB 413A.

SB 413A – PUBLIC HEARING

010

Rep. Gene Whisnant

HD 53.  Submits and reads a prepared statement about his experience with SB 413 and encourages the committee to seek a solution that is fair to both private land owners and electric companies (EXHIBIT A).  Also submits a copy of SB 413 A-engrossed (EXHIBIT B).

067

Rep. Ackerman

Asks about the length of the transmission line through the private property.

 

Rep. Whisnant

Responds that the property owner will testify later and estimates 10 or 20 lines.

 

Rep. Ackerman

Asks for an estimate in miles.

 

Rep. Whisnant

Responds about a mile.

100

Roger Martin

Lobbyist, Central Electric Co-op.  Discusses the conflict between the territorial allocation bill, which requires that co-ops provide power for all the residents of their area, and the transmission line in question which crosses private property and whose owners appealed their case to LUBA.  Submits a fact sheet on SB 413 (EXHIBIT C) and packet of information including pictures of transmission lines (EXHIBIT D).   

175

Al Gonzalez

President and CEO, Central Electric Co-op.  Describes the importance of transmission lines and outlines problems faced when they cannot be rebuilt.  Encourages support for SB 413.

225

Dave D. Markham

Chief Operating Officer, Central Electric Co-op.  Explains that there are no other options and reiterates the need for the line.  Reviews information in packet (EXHIBIT D).

316

Rep. Greenlick

Asks if they negotiated the siting of lines owner by owner during the original negotiation.

 

Markham

Responds that each was negotiated individually.

 

Rep. Greenlick

Asks if in those negotiations they negotiated for rights to upgrade at a later date.

 

Gonzalez

Responds that those agreements allow them to maintain, operate, change out and replace the lines.

339

Rep. Ackerman

Asks for a summary of why they lost the appeal if they have an easement to cover their increased activities.

 

Gonzalez

Responds that they lost the appeal due to the land use laws enacted after the construction of the line.

 

Markham

Continues, explaining that there was a question if it was a lawful requirement of the use.

 

Gonzalez

Adds details of the appeal. 

380

Rep. Ackerman

Verifies that they have applied for a Measure 37 (2004) claim.

 

Gonzalez

Responds that they have and are seeking all possible options.

 

Rep. Ackerman

Asks what the status of the claim is.

 

Gonzalez

Responds it is with Deschutes County.

391

Markham

Reports opposition to potential amendments on behalf of Rep. Whisnant and explains reasoning. 

TAPE 100, A

005

Markham

Points out that the packet lists pole heights of existing poles and shows new heights.

025

Don Schellenberg

Oregon Farm Bureau.  Submits and reads written testimony suggesting a rejection of SB 413 (EXHIBIT E).

034

Matt Cyrus

Owner of property in question, Deschutes County.  Explains the background of the transmission line siting and the incompatibility of the current easement and the proposed upgrade.  Speaks in opposition to SB 413A.  Clarifies his objection and outlines alternative options. 

0126

Rep. Ackerman

Verifies the length of the line on his property.

 

Cyrus

Responds one mile.

 

Rep. Ackerman

Asks about the topography of the property.

 

Cyrus

Describes property and mentions offers from a cell company.

135

Rep. P. Smith

Asks Schellenberg if there is a height limit on exclusive farm use (EFU) land.

 

Schellenberg

Responds that they are only height limits near airports.

 

Rep. P. Smith

Reports a height restriction of 35 feet for buildings within EFU zones in a specific county.

147

Rep. Greenlick

Asks if this is a commercial battle.

 

Cyrus

Discusses failed negotiations with the power company.

 

Chair Garrard

Asks about the period of time they have been involved in this conflict.

 

Cyrus

Answers 4 years.

175

Connie Cyrus

Deschutes County.  Discusses the property and describes the impact of the transmission line.

215

Boyd Keeton

Board member, Central Electric Board of Directors. Speaks in support of SB 413A and discusses the transmission line. 

250

David Clemens

Member, Central Electric Board of Directors.  Speaks in support of SB 413A.

309

Loy Peterson

Chairman, Central Electric Board of Directors.  Describes the coop as not-for-profit and stresses importance of the transmission line.  Urges support of SB 413A.

368

Rep. Ackerman

Notes the length of the dispute and its consideration at all levels of government.  Asks if at any time during the process they have authorized negotiations with the property owner.

 

Peterson

Responds negatively.  Verifies he means the easement.

 

Rep. Ackerman

Clarifies he means to reach any form of agreement.

 

Peterson

Responds they have tried to negotiate.

400

Rep. Anderson

Notes previous testimony stating that the cost of “undergrounding” the line would be no more than building a higher line and asks if that is accurate.

 

Peterson

Responds negatively.

 

Rep. Anderson

Asks for a comparison of how much the two would cost.

 

Peterson

Responds it would be four to five times more expensive.

406

Rep. Sumner

Asks if there were provisions in the original easement that prohibited higher towers or different shapes.

 

Peterson

Responds he is not aware of any.

TAPE 99, B

004

Rep. P. Smith

Asks why it would cost more to maintain an underground line than one above ground.

 

Peterson

Explains why the underground is more expensive.

 

Keeton

Adds that other problems.

022

Peterson

Adds another problem with underground lines. 

028

Chair Garrard

Reviews Rep. Whisnant’s first statement and asks if Rep. Whisnant will chair a work group with Matt Cyrus, Linda Swearingen, Roger Martin, Dave Markham and Dave Hunnicutt.

 

Rep. Whisnant

Suggests Rep. Ackerman co-chair the committee.

 

Rep. Ackerman

Agrees.

 

Rep. Whisnant

Reports his intention to form consensus.

 

Chair Garrard

Closes the public hearing on SB 413A and opens a work session SB 887 A

SB 887A – WORK SESSION

066

Sam Litke

Committee Administrator.  Reviews the provisions of SB 887.

 

Chair Garrard

Reference two new amendments to SB 887, -A14 amendments (EXHIBIT F) and the -A17 amendments (EXHIBIT G).

 

Jack Isselman

Columbia Sportswear Company and Electro Scientific Industries.  Submits and reads a prepared statement in support of the -A14 amendments to SB 887 (EXHIBIT H).

 

Rep. Greenlick

Comments on testimony.

154

Peter Bragdon

Vice President and General Counsel, Columbia Sportswear Company.  Submits and summarizes written testimony in support of the -A14 amendments to SB 887 and (EXHIBIT I).

 

Rep. Greenlick

Reports that Rep. Ackerman has sponsored the -A15 amendments which prohibit cities from using ORS 222.750 until January 1, 2008.  Explains that the -A12 amendment delete ORS 222.750 and the -A17 amendments repeal ORS 222.750 effective January 2, 2008.  Outlines his preferences as the -A12 amendments, -A15 and then -A17.

 

Rep. Ackerman

Elaborates on the -A12 amendments.  Announces there are -A18 amendments and explains their absence. 

 

Rep. Greenlick

Notes there are problems with the -A17 amendments and recommends adopting an omnibus set of amendments. 

245

Doug Riggs

Central Oregon Cities Organization.  Reports he has submitted concepts to Legislative Counsel and discusses provisions for proposed further amendments.

 

Chair Garrard

Reviews amendments. Closes the work session on SB 887A and opens a public hearing on SB 688A. 

SB 688A – PUBLIC HEARING

300

Sam Litke

Committee Administrator.  Reviews the legislative history of SB 688 and explains its provisions.  Describes the –A2 amendments from Art Schlack (EXHIBIT K).

340

Art Schlack

Association of Oregon Counties.  Speaks in support of SB 688 and the –A2 amendments.  Reviews the actions in the Senate and explains the effect of the –A2 amendments. 

393

Linda Ludwig

League of Oregon Cities.  Describes her participation in the crafting of the amendments and outlines her concern with the period of time allowed. 

TAPE 100, B

015

Ludwig

Describes her acceptance of  the -A1 and -A2 amendments if there were added provisions and makes a suggestion for another amendment.

 

Chair Garrard

Asks if Schlack agrees with the suggestions of Ludwig.

 

Schlack

Responds negatively and elaborates on his concern.

 

Chair Garrard

Verifies Schlack’s position.

 

Schlack

Confirms his position.

050

Tom Gallagher

Urban Developer’s Coalition.  Addresses the proposed changes. 

 

Chair Garrard

Verifies Schlack’s position is to support SB 688A.

 

Schlack

Clarifies that his recommendation is to adopt the –A2 amendments.

 

Chair Garrard

Closes the public hearing on SB 688 and opens a work session on SB 688A.

SB 688 A – WORK SESSION

075

Chair Garrard

MOTION:  Moves to ADOPT SB 688A-A2 amendments dated 5/9/05.

 

 

VOTE:  7-0-0

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

 

Chair Garrard

The motion CARRIES.

080

Rep. Anderson

MOTION:  Moves SB 688A to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  7-0-0

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

 

Chair Garrard

The motion CARRIES.

CHAIR GARRARD will lead discussion on the floor.

 

Chair Garrard

Closes the work session on SB 688A and opens a public hearing on SB 1044.

SB 1044 – PUBLIC HEARING

 

Sam Litke

Committee Administrator.  Introduces SB 1044.

137

Linda Swearingen

Deschutes County.  Submits an informational handout on SB 1044 (EXHIBIT L) and speaks in support of SB 1044.

 

Bob Rindy

Department of Land Conservation and Development.  Submits written testimony of Lane Shetterly in support of SB 1044 and discusses necessity of SB 1044.

 

Chair Garrard

Closes the public hearing on SB 1044 and opens a work session on SB 1044.

SB 1044 – WORK SESSION

150

Rep. Anderson

MOTION:  Moves SB 1044 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. P. Smith

MOTION:  Moves SB 1044 be placed on the CONSENT CALENDAR.

 

 

VOTE:  7-0-0

 

Chair Garrard

Hearing no objection, declares the motion CARRIED.

 

Chair Garrard

Closes the work session on SB 1044 and opens a work session for the purpose of reconsidering SB 3285.

HB 3285- RECONSIDERATION AND WORK SESSION

 

Chair Garrard

Explains the reasoning for reconsidering HB 3285.

165

Rep. Anderson

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering the vote on HB 3285.

 

Chair Garrard

Notes the technical objections to the bill by the Department of Agriculture and the authors of the bill.

185

Rep. Ackerman

Asks for clarification about the official status of HB 3285.

 

Chair Garrard

Reports that HB 3285 was voted out of committee.

 

Sam Litke

Committee Administrator.  Adds it was not delivered to the Chief Clerk’s desk.

194

Rep. Anderson

MOTION:  Moves to RECONSIDER the vote by which HB 3285 was passed.

 

 

VOTE:  7-0-0

 

Chair Garrard

Hearing no objection, declares the motion CARRIED.

 

Chair Garrard

Closes the work session on HB 3285 and adjourns the meeting at 3:15 p.m.

 

 

EXHIBIT SUMMARY

 

  1. SB 413, prepared statement, Rep. Whisnant, 4 pp
  2. SB 413, copy of bill, Rep. Whisnant, 4 pp
  3. SB 413, informational handout, Roger Martin, 3 pp
  4. SB 413, informational pamphlet, Roger Martin, 15 pp
  5. SB 413, written testimony, Don Schellenberg, 1 p
  6. SB 887, -14 amendments, Jack Isselmann, 1 p
  7. SB 887, -17 amendments, Rep. Greenlick, 10 pp
  8. SB 887, written testimony, Jack Isselmann, 2 pp
  9. SB 887, written testimony, Peter Bragdon, 2 pp
  10. (NO EXHIBIT J)
  11. SB 688A, -A2 amendments, Art Schlack, 1 p
  12. SB 1044, informational handout, Linda Swearingen, 1 p
  13. SB 1044, written testimony of Lane Shetterly, Bob Rindy, 1 p