SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

February 07, 2005                                                                                                   Hearing Room B

3:00 P.M.                                                                                                                     Tapes  15 - 16

 

MEMBERS PRESENT:         Sen.  Jason Atkinson, Vice-Chair

Sen. Roger Beyer

Sen. Frank Shields

 

MEMBER EXCUSED:          Sen. Charlie Ringo

                                                Sen. Ginny Burdick

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 431 –  Public Hearing

Introduction of Committee Measures – Work Session

SB 432 – Public Hearing

 

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 15, A

005

Vice-Chair Atkinson

Calls meeting to order at 3:01 p.m. as a sub-committee. Opens public hearing on SB 431.

SB 431 – PUBLIC HEARING

010

Randy Tucker

Metro. Discusses introduction of SB 431.

015

Dick Benner

Metro. Discusses periodic review process. Discusses purpose of SB 431 and explains it. Discusses specific language and effect of SB 431. Addresses criticism given in opposition to proposal using an example.

110

Vice-Chair Atkinson

Asks about interim work group on periodic review. Asks when this group can make a recommendation.

115

Benner

States that there is one more meeting and that a report is being drafted.

116

Vice-Chair Atkinson

Asks question regarding report.

117

Benner

Answers question regarding report.

118

Vice-Chair Atkinson

Expresses concerns in making appeal process easier for local government while not making it easier for real people.

135

Benner

Believes that making it easier for local government does make it easier for real people and gives illustration.

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

 

Ed Sullivan

Submits written testimony on SB 431 (EXHIBIT L).

150

Vice-Chair Atkinson

Closes public hearing on SB 431. Acknowledges a quorum is now present and opens work session on introduction of Legislative Counsel (LC) drafts.

INTRODUCTION OF COMMITTEE MEASURES – WORK SESSION

160

Matt Shields

Committee Administrator. Reads Legislative Counsel (LC) draft numbers and relating to clauses.

Lists bills: 1524 (became SB 529), 1655 (became SB 530), 1931 (became SB 531), 2005 (became SB 532), 2194 (became SB 533), 2195 (became SB534), 2196 (became SB 535), 2197 (became SB 536), 2200 (became SB 537) (EXHIBITS A, B, C, D, E, F, G, H, I).

175

Sen. Beyer

Asks if Administrator has a list of who requested all of the LC drafts.

180

Shields

Explains.

185

Sen. Beyer

Asks about LC 1655.

190

Shields

Offers to return information to the committee.

192

Sen. Beyer

Discusses LC 1655.

195

Sen. Beyer

MOTION:  Moves LC's:  1524, 1655, 1931, 2005, 2194, 2195, 2196, 2197, 2200 BE INTRODUCED as committee bills.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Burdick, Ringo

 

Vice-Chair Atkinson

Hearing no objection, declares the motion CARRIED.

200

Vice-Chair Atkinson

Closes work session on introduction of LC drafts and opens public hearing on SB 432.

SB 432 – PUBLIC HEARING

205

Matt Shields

Committee Administrator. Explains SB 432.

215

Ross Day

Oregonians In Action. Submits written testimony (EXHIBIT J). Gives introduction of SB 432. Explains functions of Land Use Board of Appeals. Explains effect of SB 432.

300

Day

Explains purpose of creating LUBA. Gives examples of those who would be in opposition to SB 432.  Explains who would benefit from the passage of SB 432.

385

Jim Just

Executive Director, Goal One Coalition. Submits written testimony (EXHIBIT K). Explains Goal One Coalition. Believes SB 432 will limit citizen participation.

435

Vice-Chair Atkinson

Asks if there are citizens in Washington state that are rejected from due process as it relates to land use planning there.

440

Just

Responds that he doesn’t know the process in Washington state.

441

Vice-Chair Atkinson

Asks about Idaho state.

442

Just

Responds that he doesn’t know the process in Idaho state.

445

Vice-Chair Atkinson

Believes that there are people that can appeal for the sake of appealing.

450

Just

Believes people appeal because they have some specific concerns. Doesn’t believe that people would waste time and money.

465

Vice-Chair Atkinson

Believes that it happens all the time.

TAPE 16, A

035

Stephen Kafoury

Oregon Chapter of the American Planning Association. Introduces Ed Sullivan.

040

Ed Sullivan

Citizen. Introduces himself. Submits and reads written testimony (EXHIBIT L) and submits memo to the Advisory Committee on Regulatory Permitting (EXHIBIT M).

080

Sullivan

Explains an article published in Willamette Law Review (EXHIBIT N).

110

Vice-Chair Atkinson

Points out that SB 432 proposes to save 175 days and states specific areas where time is saved. Asks if this could be done quicker.

115

Sullivan

Doesn’t believe that it could. Discusses how many cases LUBA gets each year. Explains how LUBA works as a filtering system.

120

Vice-Chair Atkinson

Asks how much it costs to make an appeal initially.  

123

Sullivan

Explains costs.

125

Vice-Chair Atkinson

Asks about appealing for the sake of appealing.

130

Sullivan

States that Oregon is one of the more liberal states. Notes that the standard citation is “adversely affected or aggrieved.”

131

Vice-Chair Atkinson

Asks if that is what the witness means by liberal.

132

Sullivan

Replies, yes.

140

Mary Kyle McCurdy

Staff Attorney, 1000 Friends of Oregon. Submits and reads written testimony in opposition to SB 432 (EXHIBIT O).

195

Mike Holstun

Board member, LUBA. Submits written testimony (EXHIBIT P).

210

Vice-Chair Atkinson

Asks why he is signed up as neutral.

215

Holstun

States intent and explains he is not taking a position on SB 432.

230

Holstun

Highlights written testimony (EXHIBIT P).

245

Holstun

Explains what SB 432 does. Returns to highlighting testimony (EXHIBIT P, Page 2).

260

Holstun

Refers to and explains Appendix B (EXHIBIT P).

295

Holstun

Continues highlighting testimony (EXHIBIT P).

340

Holstun

Refers to Appendix D (EXHIBIT P).

345

Vice-Chair Atkinson

Asks if that in any way tracks with the economy.

350

Holstun

Believes it tracks pretty well with the economy.  Explains that the number of appeals go up during economic booms and go down during recessions.

370

Holstun

Discusses Measure 37 (EXHIBIT P, Page 4).

400

Sen. Beyer

Asks what happens if LUBA does not render a decision in the 77 day timeline.

405

Holstun

Gives explanation of options and process.

425

Sen. Beyer

Questions if LUBA asks both parties to waive the statutory requirement of time when they see a potentially complicated case.

430

Holstun

Explains that generally an additional seven days is requested if necessary.

435

Vice-Chair Atkinson

Wonders about the trend of appeals. Asks if Oregon is too liberal, and if there are too many appeals determined as frivolous.

450

Holstun

Explains that Sullivan is better equipped to compare between states. Explains the current standing requirement.

TAPE 15, B

030

Liz Frenkel

League of Women Voters of Oregon. Supports land use planning system. Addresses Goal One and the ability to appeal. Sees ability to go to LUBA as critical. Wants to protect the right of the individual as well as groups with public interest to appeal. 

080

Tom Gallagher

Urban Developers Coalition. Discusses timelines. Explains that big projects are the ones that get held up in the appeals process. Discusses work group on the appeals process and explains that the work group recommends changing LUBA from a land use court to a magistrate court.

150

Gallagher

Discusses two types of appeals.

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

 

Peter Frothingham

Submits written testimony in opposition to SB 432 (EXHIBIT Q).

 

Kingsley Click

Submits written testimony on SB 432 (EXHIBIT R).

170

Sen. Beyer

Closes public hearing on SB 432 and adjourns meeting at 4:11 p.m.

 

EXHIBIT SUMMARY

 

A.     Introductions, LC 1524, Staff, 3 pp

B.     Introductions, LC 1655, Staff, 4 pp

C.     Introductions, LC 1931, Staff, 2 pp

D.    Introductions, LC 2005, Staff, 2 pp

E.     Introductions, LC 2194, Staff, 1 p

F.      Introductions, LC 2195, Staff, 1 p

G.    Introductions, LC 2196, Staff, 2 pp

H.    Introductions, LC 2197, Staff, 2 pp

I.       Introductions, LC 2200, Staff, 1 p

J.      SB 432, written testimony, Ross Day, 6 pp

K.    SB 432, written testimony, Jim Just, 1 p

L.     SB 431 & SB 432, written testimony, Ed Sullivan, 2 pp

M.  SB 432, memo to the Advisory Committee on Regulatory Permitting, Ed Sullivan, 5 pp

N.    SB 432, article on LUBA, Ed Sullivan, 73 pp

O.    SB 432, written testimony, Mary Kyle McCurdy, 2 pp

P.      SB 432, written testimony, Michael Holstun, 9 pp

Q.    SB 432, written testimony, Peter Frothingham, 1 p

R.    SB 432, written testimony, Kingsley Click, 2 pp