CONFERENCE COMMITTEE ON HB 2458 #2

 

 

July 11, 2005 Hearing Room D

8:00 A.M.      Tapes 2 - 3

 

MEMBERS PRESENT:             Rep. Bill Garrard, Chair

Rep. Bob Jenson

Rep. Robert Ackerman

Sen. David Nelson

Sen. Charlie Ringo

Sen. Frank Shields

 

STAFF PRESENT:                  Sandy Thiele-Cirka, Committee Administrator

Erin Seiler, Committee Assistant

 

MEASURES/ISSUESHEARD:       

                                                HB 2458B –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 2, A

001

Chair. Garrard

Opens the meeting 8:08 a.m. Opens a work session on HB 2458B.

HB 2458B – WORK SESSION

003

Chair Garrard

Submits –B11 amendments (EXHIBIT A).

008

Tamra Mabbott

Planning Director, Umatilla County. Submits and summarizes Rural Industrial Lands Inventory report (EXHIBIT B).  

049

Mabbott

Explains the data collection process and how the scope of affected lands “is very limited and very small, but very significant for rural Oregon.”

066

Mabbott

Speaks to the unanimous support of the Association of Oregon Land Use Planners for removing the sunset on rural industrial lands.

084

Mabbott

Explains why the review process for zoning industrial and commercial lands would need to be bi-furcated if a new administrative rule is adopted. 

093

Sen. Nelson

Asks how long it takes to resolve land use issues, stating how the   sunset takes away certainty in land use planning. 

108

Mabbott

Summarizes the length of time it takes to resolve land use zoning issues.

128

Rep. Jenson

Comments how “2/1000th” or 1 percent of the land is statistically insignificant. 

143

Mabbott

States that removing the sunset is a reasonable solution.

152

Lane Shetterly

Director, Department of Land Conservation and Development Commission (LCDC). Testifies in opposition to the removal of the sunset clause from HB 2458B.

188

Shetterly

Submits and summarizes –B12 amendments (EXHIBIT C).

212

Rep. Jenson

Questions if LCDC Task Force had rural industrial lands acreage numbers.

214

Shetterly

Explains why rural industrial land use should be dealt with in the same context as all industrial and commercial land use.

236

Chair Garrard

Comments on the success of previous  LCDC Task Forces, asking why wait for another task force. 

245

Shetterly

Speaks to accomplishments of LCDC Task Force.

273

Chair Garrard

Asks for comment on the “much ado about nothing” claim made by the Umatilla County Planning Director.

275

Shetterly

Summarizes the economic development mission of LCDC.

291

Sen. Shields

Questions why compromise on sunset “fell apart because it seems like good policy.”

307

Sen. Ringo

Explains support for the removing the sunset.

324

Shetterly

Addresses the relationship between removal of sunset and opportunity in Umatilla County.

342

Sen. Ringo

States that it is not his role to analyze what is needed for economic development in Umatilla County

345

Shetterly

Explains that LCDC is asking for the opportunity to address the land use issues as a part of comprehensive statewide policy as opposed to directing a particular outcome to a particular county.

355

Chair Garrard

Questions whether 13,000 acres is a statewide issue.

358

Shetterly

Restates how the scope of LCDC Task Force is not limited to outside the Willamette Valley. 

362

Chair Garrard

Explains why the removal of sunset is a reasonable request by Umatilla County.

381

Shetterly

States that LCDC has responded to requests by Umatilla County and LCDC should be allowed to finish the work that was started.

400

Mike Carrier

Natural Resource Policy Director, Office of The Governor. Submits and summarizes written testimony in support of maintaining the sunset (EXHIBIT D).

TAPE 3, A

008

Sen. Nelson

Comments on the public’s “huge distrust of government committees.”

024

Shetterly

Responds how LCDC serves citizens statewide and asks that LCDC be allowed to fulfill its commitment and earn the trust of people.

035

Sen. Nelson

Asks who are the members of LCDC Task Force.

037

Shetterly

Identifies the members of the LCDC Task Force.

042

Sen. Nelson

Questions why land use and development should be put off for another 15 months.

053

Sen. Shields

Explains why support of –B12 amendments would be a symbolic vote of confidence in LCDC.

065

Sen. Shields

Comments on the possibility The Governor vetoing the bill.

070

Carrier

Responds to the possibility of a Governors’ veto and to the statement that “this is going to be a political decision.”

095

Shetterly

Asks for LCDC to have “a chance to demonstrate good faith.”

107

Harlan Levy

Representative, Oregon Association of Realtors. Testifies in support of removing the sunset clause.

127

Levy

Explains why the sunset clause was “installed” in HB 2689 (2003).

143

Levy

Addresses the “exception” granted to Umatilla County and states that the removal of the sunset, while not a significant change, would be a symbolic change in the statewide land use planning program.

169

Linda Ludwig

Senior Staff Associate, League of Oregon Cities (LOC). Cites provision from HB 2458B relating to the involvement of cities in industrial and commercial land use along urban growth boundaries.

197

Sen. Ringo

Questions the impact of citing the provision. 

199

Ludwig

Explains why the provision, while not in the language of HB 2458B, is applicable to current land use decisions.

218

Sen. Ringo

Objects to new information being brought forward by LOC at this point in process.

222

Ludwig

Explains why the information is not new and is identical to testimony given by LOC at the first Conference Committee on HB 2458B.

228

Rep. Jenson

MOTION:  Moves HB 2458B to the floor with the recommendation that the House CONCUR in Senate amendments dated 06/13/05 and that the bill be FURTHER AMENDED by –B11 Amendments dated 07/06/05 and the measure be REPASSED.

238

Sen. Ringo

Questions what the effect of -B11 amendments.

243

Sandy Thiele-Cirka

Committee Administrator. Explains how –B11 amendments are identical to previous amendments and just reflect that a second Conference Committee was held.

251

Sen. Ringo

Questions if sunset clause was removed after initial Conference Committee.

254

Thiele-Cirka

Explains that the amendments had to be recreated because only one chamber took action after last Conference Committee.

261

Sen. Shields

Explains why he will be voting against concurrence.

277

Chair Garrard

States that the intention is not to put “LCDC on trial.”

284

 

VOTE:  5-1-0

AYE:            5 - Rep.Ackermen, Rep. Garrard, Rep. Jenson, Sen. Nelson, Sen. Ringo

NAY:            1 - Sen. Shields

 

Chair Garrard

The motion Carries.

REP. JENSON AND SEN. RINGO will lead discussion on the floor.

The following written testimony is submitted for the record without public testimony:

 

Carla McLane

Planning Director, Morrow County. Submits written testimony in support of removing the sunset clause (EXHIBIT E).

290

Chair Garrard

Closes the work session on HB 2458B. Adjourns the meeting at 8:57 a.m.

 

EXHIBIT SUMMARY

 

  1. HB 2458B, -B11 amendments, Bill Garrard, 1 p
  2. HB 2458B, Rural Industrial Lands Inventory Report, Tamra Mabbott, 2 pp
  3. HB 2458B, -B12 amendments, Lane Shetterly, 1 p
  4. HB 2458B, written testimony, Michael Carrier, 1 p

 

The following written testimony is submitted for the record without public testimony:

  1. HB 2458B, written testimony, Carla McLane, 1 p