SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

February 16, 2005                                                                                                   Hearing Room B

3:00 P.M.                                                                                                                     Tapes  25 - 26

 

MEMBERS PRESENT:         Sen. Charlie Ringo, Chair

Sen. Jason Atkinson, Vice-Chair

Sen. Roger Beyer

Sen. Ginny Burdick

Sen. Frank Shields

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 45 – Work Session

SB 68 – Work Session

SB 64 – Work Session

SB 103 – Public Hearing and Work Session

SB 281 – Public Hearing and Work Session

SB 96 – Public Hearing

SB 431 – 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 25, A

005

Chair Ringo

Calls meeting to order at 3:06 p.m. Informs that the committee will not be moving SB 64. Opens work session on SB 45.

SB 45 – WORK SESSION

015

Matt Shields

Committee Administrator. Introduces SB 45. Introduces -1 amendments (EXHIBIT A).

022

Chair Ringo

Asks what the -1 amendments do.

023

Shields

Explains that the -1 amendments clarify drafting errors.

025

Holly Schroeder

Administrator, Water Quality Division, Department of Environmental Quality. Explains -1 amendments.

030

Sen. Beyer

Asks what is meant by a watershed based approach.

032

Schroeder

Explains that she did meet with Sen. Beyer. Explains watershed based approach. Explains that the language is permissive and not directive.

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

 

Janet Gillaspie

Submits written testimony in support of SB 45 (EXHIBIT B).

045

Sen. Atkinson

MOTION:  Moves to ADOPT SB 45-1 amendments dated 02/02/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

048

Chair Ringo

Hearing no objection, declares the motion CARRIED.

050

Sen. Atkinson

MOTION:  Moves SB 45 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

055

Chair Ringo

Hearing no objection, declares the motion CARRIED.

057

Chair Ringo

Closes work session on SB 45 and opens a work session on SB 68.

SB 68 – WORK SESSION

060

Matt Shields

Committee Administrator. Explains SB 68.

070

Chair Ringo

Addresses Dave Wright. Asks if someone from the Oregon Parks and Recreation Department (OPRD) talked with Sen. Burdick regarding the concerns raised in previous public hearing (01/31/2005).

075

Dave Wright

Assistant Director, OPRD. Believes that OPRD had some correspondence with Sen. Beyer, but is not aware of any correspondence with Sen. Burdick.

077

Chair Ringo

Asks what Sen. Beyer thinks.

078

Sen. Beyer

Asks witness question regarding the sand dune areas.

080

Wright

Explains where All Terrain Vehicles are currently allowed and states that everything except street legal vehicles is prohibited everywhere else.

081

Sen. Beyer

Asks if SB 68 changes that.

082

Wright

Replies no.

083

Sen. Atkinson

MOTION:  Moves SB 68 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

090

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

095

Chair Ringo

Closes work session on SB 68 and opens work session on SB 64.

SB 64 – WORK SESSION

096

Sen. Beyer

Explains necessity for a definition of an archaeological investigation.

110

Chair Ringo

Addresses James Hamrick. Asks if witness will work with Sen. Beyer on the necessary amendments to SB 64.

115

James Hamrick

Oregon Parks and Recreation Department. Submits a letter from the Department of Justice on SB 64 (EXHIBIT C). Replies that he will work with Sen. Beyer.

120

Chair Ringo

Closes work session on SB 64 and opens public hearing on SB 103.

SB 103 – PUBLIC HEARING

123

Bob Rindy

Department of Land Conservation and Development (DLCD). Submits written testimony in support of SB 103 (EXHIBIT D). Explains SB 103.

165

Chair Ringo

Asks about details of language.

167

Rindy

Explains.

173

Chair Ringo

Asks if anyone else could answer this question.

176

Art Schlack

Association of Oregon Counties (AOC). Clarifies details of language.

180

Chair Ringo

Asks where the reference is to accessory dwellings.

181

Schlack

Gives reference. Continues clarifying language.

190

Sen. Atkinson

Asks where the language is that restricts SB 103 to Lane and Washington Counties.

195

Schlack

Discusses different provisions in statute relating to the 36 counties.

210

Chair Ringo

Discusses marginal lands counties.

211

Sen. Atkinson

Asks if the two counties in his district are in any way disadvantaged.

215

Dennis Mulvihill

Washington County. Explains that SB 103 allows marginal lands counties to have the same provisions of law apply to them that already apply to the counties in Sen. Atkinson’s district.

220

Sen. Shields

Asks if it would be wise to ask Legislative Counsel to come down and explain.

225

Chair Ringo

States that he is satisfied that everyone who has looked at SB 103 says that it does what it is intended to do.

230

Sen. Burdick

Clarifies that marginal lands counties do not have provisions for farm worker housing.

235

Rindy

Explains that there were provisions made in 2001, so all counties except for marginal land counties have the provisions for farm worker housing.

240

Sen. Burdick

Asks about marginal lands designation and impact on farm worker housing.

245

Rindy

States that this language will make it so that marginal land counties will have the same provisions as the other counties.

250

Sen. Burdick

Discusses marginal lands designation.

255

Rindy

Explains that when the statute was amended, they forgot to put this language into ORS 215.213.

256

Mulvihill

States for the record that the Oregon Farm Bureau is supporting SB 103.

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

 

Carrie MacLaren

Submits written testimony in support of SB 103 (EXHIBIT E).

260

Chair Ringo

Closes public hearing on SB 103 and opens work session on SB 103.

SB 103 – WORK SESSION

265

Sen. Atkinson

MOTION:  Moves SB 103 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-0

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

270

Chair Ringo

Closes work session on SB 103 and opens public hearing on SB 281.

SB 281 – PUBLIC HEARING

275

Matt Shields

Committee Administrator. Introduces SB 281.

290

Chris Crean

Assistant County Attorney, Multnomah County and Chair of the State Bar Real Estate and Land Use Section, Land Use Legislation Committee. Discusses cleaning up language for real estate practice law. Discusses land owned by counties and regulation for counties disposing of property. Refers to ORS 275.190. Discusses background for purpose of SB 281. Explains that it allows counties to take advantage of modern financing mechanisms when selling properties.

338

Chair Ringo

Points out that SB 281 deletes references to county courts. Asks for explanation.

340

Crean

Explains.

345

Sen. Atkinson

Discusses a book called Gold in the Woodpile: An Informal History of Banking in Oregon by O.K. Burrell. States that he would like to carry SB 281 and asks Crean to help him find this book. Explains story he would like to read from this book.

360

Crean

Agrees to do this.

363

Chair Ringo

Closes public hearing on SB 281 and opens work session on SB 281

SB 281 – WORK SESSION

370

Ed Johnston

Lincoln County. Reads written testimony (EXHIBIT F) in opposition to SB 281.

TAPE 26, A

010

Sen. Atkinson

MOTION:  Moves SB 281 to the floor with a DO PASS recommendation.

 

 

VOTE:  5-0-0

012

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

015

Chair Ringo

Closes work session on SB 281 and opens public hearing on SB 96.

SB 96 – PUBLIC HEARING

020

Matt Shields

Committee Administrator. Introduces SB 96.

025

Bob Rindy

Department of Land Conservation and Development (DLCD). Submits written testimony in support of SB 96 (EXHIBIT G). Explains reasons for SB 96. Discusses expense to DLCD to amend a goal.

050

Chair Ringo

Asks for an example where DLCD had to have the hearings even though the change had been mandated by statute or initiative.

055

Bob Rindy

Explains concern because of potential legislative changes.

075

Chair Ringo

Asks about 114 thousand dollar figure in testimony.

077

Rindy

Explains.

080

Chair Ringo

Asks if DLCD is required to advertise the hearing in the local newspapers.

083

Rindy

Confirms this. Explains other expenses.

087

Chair Ringo

Asks if DLCD would be having those hearings anyway. Asks about staff time.

090

Rindy

Explains.

095

Sen. Burdick

Comments about credibility of the whole process.

105

Sen. Beyer

States that SB 96 makes him nervous. States that the statutes are not the problem with the land use system. States that the goals and the rules are the problem with the land use system. Wants a more concrete reason to pass SB 96.

120

Rindy

Offers to return information to the committee.

130

Sen. Burdick

Asks if the 80 acre rule on farm land is a case where the legislature mandated something and then the Land Conservation and Development Commission had to put it into its rules.

135

Rindy

Explains that the work done in responding to that legislation was considerable however doesn’t think this would have applied to that legislation.

145

Chair Ringo

Wants to reduce Sen. Beyer’s nervousness.

150

Rindy

States that he will be hard pressed for a real life example.

155

Chair Ringo

Closes public hearing on SB 96 and opens public hearing on SB 431.

SB 431 – PUBLIC HEARING

160

Matt Shields

Committee Administrator. Introduces SB 431.

165

Dick Benner

Metro. Testifies in support of SB 431. Gives reasoning for SB 431. Discusses issue of jurisdiction and how that is resolved in SB 431.

215

Sen. Atkinson

Expresses that it is frustrating to make everything easier for government while not making it easier for real people.

210

Chair Ringo

States that the purpose of SB 431 is to try to give them guidance as to where to go.

225

Sen. Atkinson

Thinks this is a good idea. Expresses frustration for citizens who don’t know the process. Gives example.

245

Benner

Thinks that this is entirely consistent with expressed frustration. Gives example. Urges committee to pass SB 431.

270

Chair Ringo

Gives an example of a constituent from his district.

275

Sen. Burdick

Refers to (EXHIBIT H) and the request to postpone action on SB 431 until February 22, 2005.

280

Benner

Explains that he has heard of this date but has not seen the letter. Discusses interim committee on periodic review. Discusses intention of letter.

305

Chair Ringo

Asks if the Department of Land Conservation and Development (DLCD) has potential problems with SB 431.

308

Bob Rindy

DLCD. Submits written testimony asking committee to postpone action on SB 431 (EXHIBIT H). States that DLCD has heard from the Attorney General’s office that there are concerns with SB 431. Explains concerns.

320

Chair Ringo

Closes public hearing on SB 431. States that he needs to know ahead of time if DLCD has problems with any bill.

322

Rindy

States that he did notify committee staff of these concerns and asked for this hearing to be postponed.

320

Chair Ringo

Adjourns meeting at 3:58 p.m.

 

EXHIBIT SUMMARY

 

A.     SB 45, -1 Amendments, Staff, 1 p

B.     SB 45, written testimony, Janet Gillaspie, 2 pp

C.     SB 64,  letter, James Hamrick, 2 pp

D.    SB 103, written testimony, Bob Rindy, 1 p

E.     SB 103, written testimony, Carrie MacLaren, 1 p

F.      SB 281, written testimony, Ed Johnston, 1 p

G.    SB 96, written testimony, Bob Rindy, 1 p

H.    SB 431, written testimony, Bob Rindy, 1 p