HOUSE COMMITTEE ON LAND USE

 

 

June 06, 2005 Hearing Room 50

1:30 P.M. Tapes  117 - 118

 

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 3120 – 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 117, A

002

Chair Garrard

Calls the meeting to order at 1:34 p.m. and opens a work session on HB 3120 and announces that today and tomorrow will be the only time to submit amendments.

HB 3120 – WORK SESSION

011

Rep. Ackerman

Comments that there should be more time to submit amendments.

020

Chair Garrard

Makes comments and explains reasoning.

 

Rep. Ackerman

Responds with possible amendments.

 

Chair Garrard

Comments they will allow amendments for as long as they can.  Announces -2 amendments (EXHIBIT A), -3 amendments (EXHIBIT C) and preliminary -4 amendments (EXHIBIT E).

052

Bill Cross

Oregon Landscaper Contractors Association.  Explains the content of the -2 amendments (EXHIBIT A) is language from HB 2582 and explains reasoning for its inclusion in HB 3120.

070

Rep. Greenlick

Sympathizes with the amendment but is cautious about adding this provision to an already complicated bill.

 

Chair Garrard

Comments there may be other similar amendments.

090

Don Schellenberg

Oregon Farm Bureau.  Submits proposed concept amendments for HB 3120 (EXHIBIT B).  Discusses the tract of record provision, authority of state agencies to waive state statutes and compensation, all outlined in submitted testimony.

 

Chair Garrard

Asks if he would consider a limitation on how many years a waiver would be transferable.

 

Schellenberg

Responds that they did not put a limit on it.

200

Rep. Anderson

Asks if there was any consideration of parcels that might have pasture land and woodlot, where homes could be placed outside the farmable area and therefore allow more than one home per tract.

 

Schellenberg

Reports that their amendments would include tract of record rather than a lot of record and explains the difference. 

 

Rep. Anderson

Asks if they discussed the placement of homes on a lot.

 

Schellenberg

Responds negatively and adds it would be up to the homeowner where they wanted to place the dwelling.

216

Rep. Anderson

Makes suggestions for placement of lots.

 

Schellenberg

Discusses placement of lots on farmland. 

 

Rep. Sumner

Verifies that if one accepts the right to build on a tract of record he then  relinquishes the right to build on a lot of record.

 

Schellenberg

Responds it would be true on high value farmland and elaborates.

 

Chair Garrard

Asks Lane Shetterly for his recommendation on which areas of M37 to address and which to avoid.

236

Lane Shetterly

Director, Department of Land Conservation and Development (DLCD).  Reports the issues of claims administration and judicial review are their highest priority.  Acknowledges the policy decision made by the voters.  Expresses support in revisiting issues of open spaces, farm and forest land protection.  Notes the proponents of M37 have raised transferability as a key component and the department’s view that it is a practical matter that should be addressed. 

 

Chair Garrard

Asks Shetterly for his opinion on the claims process as laid out in SB 1037.

325

Shetterly

Responds it was pretty good and mentions technical, non-controversial issues to be addressed.

 

Rep. Greenlick

Recaps three concepts Shetterly spoke about and expresses concern for having balance when interpreting M37.

 

Shetterly

Comments on recognition of the balance and discusses issues of transferability and farmland protection.

386

Rep. Greenlick

Outlines balancing past and future injustices.  Suggests a more generous interpretation for past injustices and a more narrow interpretation for the future and asks for Shetterly’s opinion.

 

Shetterly

Responds it is a fair question of balance. 

TAPE 118, A

002

Shetterly

Discusses addressing the impact of M37 in and around urban growth boundaries (UGB).

 

Chair Garrard

Asks Shetterly if the department has any direction on the compensation issue.

010

Shetterly

Discusses difficulty in appropriating a revenue source but would support the establishment of a compensation fund.  Comments on the magnitude of funds needed for claims.

 

Chair Garrard

Commends Director Shetterly.

 

Shetterly

States he will be a resource for the committee.

 

Chair Garrard

Announces there are -3 amendments (EXHIBIT C) and -4 amendments which have not yet been received by the committee.

048

Jon Chandler

Oregon Homebuilders Association.  Submits -3 amendments (EXHIBIT C) and a preliminary -3 amendment document (EXHIBIT D).  Suggests waiting before discussing the amendments.

066

Chandler

Notes some changes in approach to M37 from the HB 3120 -1 amendments including provisions for lands inside the UGB and for lands on the UGB fringe area.  Elaborates on concerns surrounding these issues.

096

Chandler

Describes a provision that would allow for interim discussion of these issues.  Notes the absence of a compensation piece and gives reasons for the omission.

124

Elon Hasson

1000 Friends of Oregon.  Reports that the -4 amendments are not ready yet.  Introduces Micheal Collmeyer who will discuss their preliminary outline (EXHIBIT E).

133

Mike Collmeyer

1000 Friends of Oregon.  Begins discussion of their principles towards M37 with the first principle of fairness.  Asserts there should be a threshold established for the diminution of value before a M37 claim is triggered to allow for future planning.

 

Chair Garrard

Asks for clarification of the document they are reviewing.

 

Collmeyer

Reports it is what was turned into Legislative Counsel (LC).

 

Hasson

Clarifies they are reviewing the correct document.

198

Collmeyer

Continues discussing the concept of establishing a threshold.  Identifies compensation as a fair way to provide a remedy to restricted property owners.

 

Chair Garrard

Asks if Collmeyer has a recommendation for a funding source for the compensation piece.

 

Collmeyer

Responds that they are proposing making LC 3535 a part of HB 3120 which has a funding mechanism based on development rights assessment.  Discusses proportionality of compensation to harm inflicted.

226

Chair Garrard

Requests Collmeyer wait until the -4 amendments are prepared and to give a more general summary.

 

Collmeyer

Recaps provisions discussed and adds they will incorporate deed restriction provisions, and provisions which would identify a basis for protecting valuable resource land.  Recommends waiver limitations on high value farmland and encourages a tract of record provision.

265

Chair Garrard

Comments on legislation acceptable to both sides.

285

Collmeyer

Continues discussion of a compensation source and Department of Administrative Services (DAS) rules for appraisals.

 

Hasson

Adds that waivers would be transferable.

 

Chair Garrard

Submits request to review poll done by the Oregon Business Alliance.

 

Lynn Lundquist

Oregon Business Association.  Reports that he will get the document to the committee members.

 

Ross Day

Director of Legal Affairs, Oregonians in Actions. 

 

Rep. Greenlick

Asks Day about a compromise bill and his feelings about leaving M37 as written.

365

Day

Reports on his participation in court cases on this issue.  Asserts his confidence in clarifying the issue of transferability in the courts.  Comments on his interpretation of the voters’ intent.  Recognizes the value of having a definitive answer on transferability. 

TAPE 117, B

005

Day

Comments on the attorney general’s opinion and would support legislation to clarify the voters’ intent.

014

Rep. Greenlick

Notes that difference in opinion from claimants in M37 and the general voting public.

 

Day

Reviews actions during the campaign and comments on voters’ intent.

037

Rep. Nolan

Asks for elaboration on his interpretation of the voters’ intent if it is not included in the written record.

 

Day

Responds that it will depend on how the evidence in the record is weighed.  Notes objection to the ballot title and campaign literature from the opposition.

 

Rep. Nolan

Asks if there was anything in the record that suggests that in addition to the words of M37, other language would be needed to implement the measure and cites the claims process as an example of something to be clarified. 

070

Day

Responds that they recognized that the legislature would probably adopt procedures but not a wholesale revision.

091

Rep. Nolan

Asks if he considers SB 1037 or other amendments to HB 3120 to be wholesale revisions of M37.

 

Day

Makes comments on previous testimony and suggests addressing compensation with voluntary contributions.

 

Chair Garrard

Closes the work session on HB 3120 and adjourns the meeting at 2:38 p.m.

 

 

EXHIBIT SUMMARY

 

  1. HB 3120, -2 amendments, Bill Cross, 35 pp
  2. HB 3120, proposed concept amendments, Don Schellenberg, 1 p
  3. HB 3120, -3 amendments, Jon Chandler, 32
  4. HB 3120, preliminary -3 amendments, Jon Chandler, 13 pp
  5. HB 3120, preliminary -4 amendments, Elon Hasson, 5 pp