SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

February 21, 2005                                                                                                   Hearing Room B

3:00 P.M.                                                                                                                     Tapes  27 - 28

 

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

                                                Chris Crean, Counsel

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

Report on Guest Ranching in Eastern Oregon – Informational Meeting

SB 538 – Public Hearing

Measure 37: Claims Process – 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 27, A

005

Chair Ringo

Calls meeting to order at 3:10 p.m. Comments that Sen. Shields is present via telephone. Makes opening remarks. Opens informational meeting for a Report on Guest Ranching in Eastern Oregon as per SB 928 (2001).

REPORT ON GUEST RANCHING IN EASTERN OREGON – INFORMATIONAL MEETING

015

John Jennings

Department of Land Conservation and Development. Introduces Jim Johnson, Oregon Department of Agriculture. Submits report on guest ranching in Eastern Oregon (EXHIBIT A).  Highlights report.

065

Chair Ringo

Closes informational meeting for the Report on Guest Ranching in Eastern Oregon and opens public hearing on SB 538.

SB 538 – PUBLIC HEARING

067

Chair Ringo

Asks if witnesses want to extend the sunset on the bill rather than just eliminating it.

069

John Jennings

Department of Land Conservation and Development (DLCD). Explains that eliminating the sunset would be somewhat premature.

070

Sen. Beyer

Asks about sunset and non-conforming uses.

075

Jennings

Explains that current guest ranch operators would not be required to shut down.

080

Jim Johnson

Oregon Department of Agriculture (ODA). Explains that there is a difference between a pre-existing conditional use and a non-conforming use.

085

Sen. Beyer

Asks about potential to file a Measure 37 claim.

090

Jennings

States that he is not the best person to answer that question.

095

Sen. Ben Westlund

Represents Senate District 27. Testifies in support of SB 538. Gives background information on Deschutes County and why SB 538 is important.

140

Chair Ringo

Points out that DLCD recommends extending the sunset. Asks for comment.

145

Sen. Westlund

Thinks extending the sunset is acceptable. Explains.

150

Rep. Gene Whisnant

Represents House District 53. Testifies in support of SB 538. Wants to permanently remove the sunset. Explains reasons why. States that agriculture tourism is a new industry. Urges committee to pass SB 538 and remove sunset completely.

175

Sen. Burdick

Asks what kind of agriculture is being done in conjunction with the guest ranches.

180

Rep. Whisnant

Describes crops. Defers to Sen. Westlund.

183

Sen. Westlund

Gives specifics of guest ranch operation. Talks about a specific piece of property.

195

Sen. Burdick

Talks about guest ranches in different counties. Believes there would be more conflict with guest ranches in Jefferson County. Asks how many guest ranches there are in Jefferson County.

200

Sen. Westlund

Believes there are none in Jefferson County.

201

Chair Ringo

Points to list in report (EXHIBIT A, Page 6).

205

Sen. Beyer

Provides clarification.

215

Linda Swearingen

Resident, Deschutes County. Testifies in support of SB 538. Submits written testimony (EXHIBIT B).

240

Chair Ringo

Addresses potential concern that guest ranches could become too big which would take farm land out of production. Asks if this is the concern people have.

245

Swearingen

Replies no.

250

Chair Ringo

Asks witness to articulate what the concern is.

251

Swearingen

Explains. Gives an illustration. Believes there isn’t enough flexibility.

275

Gary Blake

Deschutes River Ranch. Gives background information on the Deschutes River Ranch. Explains intent in acquiring the ranch and gives details of costs for maintaining ranch.

350

Craig Morton

Deschutes River Ranch. Submits and refers to map titled “Deschutes County Guest Ranch Study” (EXHIBIT C). Describes location of Deschutes River Ranch. Discusses criteria and intent of guest ranches and explains that this ranch meets all of the criteria.

400

Swearingen

Explains changes that occur in SB 538. Discusses DLCD’s concerns.

TAPE 28, A

005

John Gill

Rock Springs Guest Ranch and President, American Dude Ranching Association. Gives background information on Rock Springs Guest Ranch. Mentions non-conforming use.

025

Sen. Burdick

Wonders why it is called a guest ranch instead of a dude ranch.

030

Gill

Explains.

040

Sen. Burdick

Asks who bought the Indian Ford land.

041

Gill

Explains.

045

John Jennings

DLCD. Explains concerns with SB 538.

055

Sen. Burdick

Clarifies that witness wants to extend the sunset.

056

Jennings

Confirms that extending the sunset to 2009 is appropriate.

060

Chair Ringo

Asks witness to articulate concern.

062

Jennings

Explains concern. Discusses land zoned for exclusive farm use (EFU) being used for other purposes.

075

Jim Johnson

ODA. Agrees with DLCD’s comments. Explains concerns with SB 538.

090

Sen. Beyer

Asks about non-conforming uses. Wonders where in the statute it talks about pre-existing conditional use.

095

Johnson

Believes it is somewhere in ORS 215.

100

Chris Crean

Counsel. Believes that it would be a non-conforming use under ORS 215.130(5). Explains.

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

 

Swearingen

Submits written testimony on behalf of Izzy and Nancy Oren in support of SB 538 (EXHIBIT D).

 

Swearingen

Submits written testimony on behalf of Eric Sande in support of SB 538.

 

Swearingen

Submits written testimony on behalf of Mary Arnstad in support of SB 538.

105

Chair Ringo

Informs that SB 538 will not be moved today. Closes public hearing on SB 538 and opens public hearing on Measure 37: Claims Process.

MEASURE 37: CLAIMS PROCESS – PUBLIC HEARING

110

Chair Ringo

Announces that a meeting will be held on Wednesday, 03/23/2005 at 8:00 a.m. in the Democratic caucus room.

140

Chris Crean

Counsel. Submits draft of proposed legislation (EXHIBIT G). Explains draft proposal. Details and explains changes in language.

250

Crean

Continues detailing and explaining changes in language (EXHIBIT G, Page 2, subsection 7).

300

Crean

Continues detailing and explaining changes in language (EXHIBIT G, Page 3, subsection 9).

340

Sen. Burdick

Asks if there could be more than two claims.

350

Crean

Explains. States that it is a  little unclear when it comes to annexation. Explains.

380

Crean

Continues detailing and explaining changes in language (EXHIBIT G, Page 3,  subsection 10).

375

Sen. Burdick

Provides a scenario regarding Measure 37 claims. Asks question regarding landowner rights.

385

Crean

Explains.

400

Sen. Burdick

Asks about circuit court.

401

Crean

Explains. Continues detailing and explaining changes in language (EXHIBIT G, Page 3, subsection 11).

TAPE 27, B

025

Crean

Continues detailing and explaining changes in language (EXHIBIT G, Page 4,  subsection 13).

035

Sen. Burdick

Asks if someone who has already filed a claim under the existing language will need to re-file a claim under the new language.

036

Crean

Explains.

045

Lane Shetterly

Director, Department of Land Conservation and Development. Wants to defer comment until he has had a chance to review draft submitted by Crean.

065

Chair Ringo

States that one of the issues flagged by Mr. Crean was whether a local entity can waive a state regulation and whether a state entity can waive a local regulation. Asks if witness has an opinion on this.

067

Shetterly

Discusses waiving of regulations. Asks who has authority to waive a state statute.

085

Chair Ringo

Remarks that currently the state is not requiring an application fee. Asks if it makes sense to ask for a reasonable fee.

088

Shetterly

Discusses cost associated with evaluating Measure 37 claims. Gives illustration.

100

Crean

Refers to (EXHIBIT G, Page 2, subsection 7). Discusses intent of this language.

110

Elon Hasson

Legislative Affairs Director, 1000 Friends of Oregon. Submits written testimony on behalf of Bob Stacey (EXHIBIT H) and article titled “Measuring Compensation Under Measure 37: An Economist’s Perspective” (EXHIBIT I). Expresses support for proposed amendments. Highlights testimony (EXHIBIT H).

150

Crean

Submits proposal for compensation mechanism (EXHIBIT J).

160

Chair Ringo

Closes public hearing on Measure 37: Claims Process and adjourns meeting at 4:18 p.m.

 

 

EXHIBIT SUMMARY

 

A.     Guest Ranching in Eastern Oregon, Report, John Jennings, 7 pp

B.     SB 538, written testimony, Linda Swearingen, 2 pp

C.     SB 538, map, Craig Morton, oversized

D.    SB 538, written testimony of Izzy and Nancy Oren, Linda Swearingen, 1 p

E.     SB 538, written testimony of Eric Sande, Linda Swearingen, 1 p

F.      SB 538, written testimony of Mary Arnstad, Linda Swearingen, 2 pp

G.    Measure 37, draft of proposed legislation, Chris Crean, 4 pp

H.    Measure 37, written testimony of Bob Stacey, Elon Hasson, 1 p

I.       Measure 37, article, Elon Hasson, 15 pp

J.      Measure 37, proposal, Chris Crean, 2 pp