HOUSE COMMITTEE ON LAND USE

 

 

May 23, 2005 Hearing Room 50

1:30 P.M. Tapes  102 - 103

 

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 3483 – Public Hearing and Work Session

                                                HB 3084 - Work Session

                                                SB 346A – Work Session

                                                LC Draft request – 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 102, A

003

Chair Garrard

Calls the meeting to order at 1:41 p.m. and opens a public hearing on HB 3483.

HB 3483 – PUBLIC HEARING

010

Don Schellenberg

Oregon Farm Bureau. 

 

Sam Litke

Committee Administrator.  Explains the provisions of HB 3483.  Introduces the -1 amendments (EXHIBIT A).

025

Schellenberg

Submits written testimony explaining and in support of HB 3483-1 (EXHIBIT B).  Reviews history of HB 3483 as HB 2100.

048

Dave Hunnicutt

Oregonians in Action.  Speaks in support of HB 3483.  Notes he abstained from speaking on HB 2100 due to constitutionality concerns and the -1 amendments address those concerns. 

047

Liz Frenkel

League of Women’s Voter of Oregon.  Reads a prepared statement in opposition to HB 3483, HB 2100 and HB 3474.  Raises concerns about lack of citizen involvement, the proposed boundaries of regions and the fiscal impact (EXHIBIT H).

 

Chair Garrard

Closes the public hearing on HB 3483 and opens a work session on HB 3483.

 

HB 3483 – WORK SESSION

105

Rep. Greenlick

Asks about the status of the bill which proposes a 30-year review of  the Land Conservation and Development Commission and statewide land use planning.

 

Chair Garrard

Notes this is SB 82.

 

Rep. Greenlick

Asks about the status of SB 82.

 

Litke

Reports he does not know.

 

Rep. Greenlick

Asserts that HB 3483 is a “band-aid” for the larger problem which would be addressed more comprehensively by SB 82.

 

Chair Garrard

Notes uncertainty in the movement of other legislation in the Senate.

137

Rep. Anderson

MOTION:  Moves to ADOPT HB 3483-1 amendments dated 5/23/05.

 

 

VOTE:  7-0-0

 

Chair Garrard

Hearing no objection, declares the motion CARRIED.

145

Rep. Anderson

MOTION:  Moves HB 3483A to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Budget by prior reference.

154

Rep. Nolan

Discusses her concern about HB 3483 and would like to move forward on a bill that advances a look at statewide land use planning.

 

 

VOTE:  5-2-0

AYE:               5 - Ackerman, Anderson, Smith P., Sumner, Garrard

NAY:               2 - Greenlick, Nolan

 

Chair Garrard

The motion CARRIES.

 

Chair Garrard

Closes the work session on HB 3483 and opens a work session on HB 3084.

HB 3084 – WORK SESSION

192

Sam Litke

Committee Administrator.  Reviews committee action on HB 3084 and adoption of -5 amendment (EXHIBIT C).  Introduces -6 amendments (EXHIBIT D), -7 amendments (EXHIBIT E), -8 amendments (EXHIBIT F), and the -9 amendments (EXHIBIT G).

217

Rep. Avakian

HD 34.  Encourages acceptance of the -6 amendments and explains their provisions. 

124

Rep. Anderson

Asks if the -6 amendments replace the -5 amendments.

 

Rep. Avakian

Responds affirmatively.

244

Ken Stroebeck

League of Oregon Cities.  Encourages the committee not to pass the bill but to use SB 887 as the vehicle to address the annexation controversy and explains his reasoning.  Outlines provisions and explains why he does not support HB 3084. 

304

Rep. Greenlick

Notes one alternative is to pass SB 887 but notes the absence of a lack of consequence if a solution is not reached and wonders if the League could support a deletion of ORS 222.750 to add pressure to find a solution.

 

Stroebeck

Gives their commitment to finding a solution and does not support Rep. Greenlick’s suggestion. 

350

Rep. Ackerman

Questions Rep. Avakian on Section 2 and its relation to the -6 amendments.

 

Rep. Avakian

Elaborates on the provisions in Sections 1 and 2.   Relays the narrow focus of the bill and his support of an interim committee.

TAPE 103, A

 

Rep. Ackerman

Asks for clarification if “proposal for annexation” is a legal definition.

 

Rep. Avakian

Responds he does not know.

007

Rep. Ackerman

Asks about the amendments effect on Nike.

 

Rep. Avakian

Explains that Nike could not be annexed under certain circumstances.

 

Rep. Ackerman

Verifies that Nike could be annexed by island annexation.

 

Rep. Avakian

Responds that they could be under certain circumstances.

 

Rep. Ackerman

Raises concern that the type of annexation is not specified when defined “specified annexation”.

018

Rep. Avakian

Understands but does not share the concern.

 

Rep. Nolan

Verifies that the amendments apply to any annexation that has not been consummated by ordinance as of the effective date of the act. 

 

Rep. Avakian

Agrees.

 

Rep. Nolan

Asserts that the Nike annexation would not be allowed to proceed under Section 1(3)(c).

 

Rep. Avakian

Reviews the section and agrees.

050

Rep. Nolan

Comments that the amendments close the loophole appropriately without crippling cities’ abilities to provide services.  Gives her support.

 

Rep. Avakian

References continued conversations with League of Oregon Cities.

 

Rep. Nolan

Notes this bill does not preclude forming an interim task force.

077

Rep. Greenlick

Suggests passing HB 3084 -5 out of the committee.

095

Chair Garrard

Relays they will not pass HB 3084 out today.  Closes the work session on HB 3084 and opens a work session on SB 346A.

SB 346A – WORK SESSION

120

Sam Litke

Committee Administrator.  Reviews previous discussion on the bill.  Introduces –A3 amendments (EXHIBIT I) and the -A4 amendments (EXHIBIT J).

 

Joe Rohleder

Oregon Aquaculture Association.  Discusses the amendments and urges support of SB 346A with the –A4 amendments.

145

Anne K. Rystrom

Oregon Aquaculture Association.  Submits and summarizes written testimony in support of SB 346A without amendments (EXHIBIT K).

160

Joe Rohleder

Relays that the governor wanted to clarify that they are referring to  three species; aquatic, bird, and animal.    

 

Rep. Nolan

Asks if this clarification is reflected in the amendments or if they need to add something.

 

Rohleder

Relays his understanding that Legislative Counsel (LC) can make grammatical fixes during printing.

 

Rep. Nolan

Comments LC cannot if the meaning is changed.

 

Rohleder

States it was clearly the legislative intent to be discussing three separate species.

190

Rep. Greenlick

Comments that it is clear as written.

 

Rep. Nolan

Asks if there has been any information from the revenue office on potential positive impacts.

212

Rohleder

Responds that there has not been any analysis yet but they hope to in the future.

222

Rystrom

Adds a statistic from her written testimony.

 

Litke

Reports that LC is comfortable with the amendment as written.

230

Rep. Greenlick

MOTION:  Moves to ADOPT SB 346A-A4 amendments dated 5/19/05.

 

 

VOTE:  7-0-0

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

 

Chair Garrard

The motion CARRIES.

235

Rep. Greenlick

MOTION:  Moves SB 346B 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.

REP. GREENLICK will lead discussion on the floor.

 

Chair Garrard

Closes the work session on SB 346A and opens a work session on committee LC Draft requests.

LC DRAFT REQUEST – WORK SESSION

 

Rep. Greenlick

MOTION: Moves the committee request an LC draft the                 language of which is currently contained in SB 82 for consideration as a committee bill.

 

 

VOTE:  7-0-0

320

Chair Garrard

Hearing no objection, declares the motion CARRIED.

 

Chair Garrard

Makes announcements on future action.

 

Rep. Ackerman

Asks about meetings left.

 

Chair Garrard

Makes announcements.

 

Rep. Ackerman

Relays concern with the timeline.

 

Chair Garrard

Discusses future intentions.

362

Rep. Nolan

Encourages a public hearing on Measure 37 related legislation.

 

Chair Garrard

Agrees and makes announcements. 

 

Chair Garrard

Adjourns the meeting at 2:35 p.m.

 

EXHIBIT SUMMARY

 

  1. HB 3483, -1 amendments, Don Schellenberg, 3 pp
  2. HB 3483, written testimony, Don Schellenberg, 2 pp
  3. HB 3084, -5 amendments, Rep. Avakian, 2 pp
  4. HB 3084, -6 amendments, Rep. Avakian, 2 pp
  5. HB 3084, -7 amendments, Rep. Avakian, 1 p
  6. HB 3084, -8 amendments, Rep. Avakian, 2 pp
  7. HB 3084, -9 amendments, Rep. Avakian, 2 pp
  8. HB 3483, written testimony, Liz Frenkel, 1 p
  9. SB 346A, -A3 amendments, Joe Rohleder, 1 p
  10. SB 346A, -A4 amendments, Joe Rohleder, 1 p
  11. SB 346A, written testimony, Anne K. Rystrom, 2 pp