SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

April 06, 2005                                                                                                         Hearing Room B

3:00 P.M.                                                                                                                      Tapes 73 - 76

 

MEMBERS PRESENT:         Sen. Charlie Ringo, Chair

Sen. Jason Atkinson, Vice-Chair

Sen. Roger Beyer

Sen. Ginny Burdick

 

MEMBER EXCUSED:          Sen. Frank Shields

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 887 – Work Session

SB 294 – Public Hearing

SB 1037 – 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 73, A

005

Chair Ringo

Calls meeting to order at 3:04 p.m. Makes opening remarks. Opens work session on SB 887.

SB 887 – WORK SESSION

015

Sen. Ryan Deckert

Represents Senate District 14. Mentions -5 amendments which are submitted by staff for the record (EXHIBIT A).

033

Chair Ringo

Recesses work session on SB 887 and opens public hearing on SB 294.

SB 294 – PUBLIC HEARING

042

Candi Penn

Director, Hemp Industries Association. Submits informational packet (EXHIBIT B).

049

Chair Ringo

Interrupts Ms. Penn to allow Sen. Floyd Prozanski to testify.

050

Sen. Floyd Prozanski

Represents Senate District 4. Gives background information on SB 294. Submits and explains SB 294-1 amendments (EXHIBIT C) and SB 294-2 amendments (EXHIBIT D).

075

Chair Ringo

Asks if the -1 amendments would change the degree of opposition to SB 294.

076

Sen. Prozanski

Replies. Discusses the -2 amendments.

095

Penn

Gives background information on hemp. Testifies in support of SB 294.

120

Carolyn Moran

Living Tree Paper. Testifies in support of SB 294. Submits informational packet (EXHIBIT E).

128

Chair Ringo

Asks where Ms. Moran’s business is located.

129

Moran

Replies Eugene. Continues testimony in support of SB 294.

135

Chair Ringo

Asks witness what climate and soil types are needed to grow hemp.

137

Moran

Responds.

139

Chair Ringo

Asks specifically where hemp could be grown.

140

Moran

Responds.

141

Chair Ringo

Verifies that hemp needs water to grow.

142

Moran

Replies yes.

145

Chair Ringo

Asks witnesses if they have written testimony.

146

Penn

Replies that her written testimony is included in the submitted informational packet.

147

Sen. Prozanski

States that there are two other people who will testify. States that he is submitting written testimony on behalf of Gerry Shapiro, President of The Merry Hempsters, Inc., in support of SB 294 (EXHIBIT F).

155

Sue Kastensen

Founder of Sun Dog. Gives background information on Sun Dog. Distributes samples of products.

168

Patrick Goggin

Co-Counsel for Hemp Industries Association. Submits and reads written testimony in support of SB 294 (EXHIBIT G).

215

Sen. Prozanski

States that another constituent that could not be here today also has a lip balm company. Discusses farms and regulations.

220

Joel Lujan

Oregon State Police. Submits informational packet (EXHIBIT H) and reads written testimony in opposition to SB 294.

290

Chair Ringo

Asks witness to summarize by paragraph.

291

Lujan

Continues testimony in opposition to SB 294.

355

Chair Ringo

Asks if there is currently a problem in Canada with hemp production and how it impacts the use of marijuana.

360

Lujan

Replies, not that he knows of.

365

John English

Director, For Our Children’s Children. Submits and highlights written testimony in opposition to SB 294 (EXHIBIT I).

TAPE 74, A

007

Chair Ringo

Recesses public hearing on SB 294 and re-opens work session on SB 887.

SB 887 –WORK SESSION

008

Chair Ringo

MOTION:  Moves to SUSPEND the rules for the purpose of reconsidering SB 887.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

009

Chair Ringo

Hearing no objection, declares the motion CARRIED.

010

Chair Ringo

MOTION:  Moves to RECONSIDER the vote by which SB 887 was sent to the floor with a "DO PASS AS AMENDED" recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

011

Chair Ringo

Hearing no objection, declares the motion CARRIED.

012

Chair Ringo

Explains the -5 amendments.

020

Sen. Burdick

Asks if the -5 amendments replace the -3 amendments.

021

Chair Ringo

Replies yes.

 

Chair Ringo

MOTION:  Moves to ADOPT SB 887-5 amendments dated 04/06/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

023

Chair Ringo

Hearing no objection, declares the motion CARRIED.

025

Chair Ringo

MOTION:  Moves SB 887 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

026

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

027

Chair Ringo

Closes work session on SB 887 and re-opens public hearing on SB 294.

SB 294 – PUBLIC HEARING

035

Michael van Kleek

Citizen. Testifies in support of SB 294.

060

Chris Rich

Citizen. Testifies in support of SB 294. Submits informational packet (EXHIBIT J). Submits book titled The Emperor Wears No Clothes (EXHIBIT K).

080

Chris Rich

Makes comment on testimony of Joel Lujan.

087

Chuck Fall

Project Hemp. Testifies in support of SB 294. Submits written testimony (EXHIBIT FF).

109

Chair Ringo

Makes comment on witness’ testimony.

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

 

Dan Hilburn

Oregon Department of Agriculture. Submits written testimony on SB 294 (EXHIBIT L).

110

Chair Ringo

Closes public hearing on SB 294 and opens public hearing on SB 1037.

SB 1037 – PUBLIC HEARING

111

Chair Ringo

Makes opening comments on SB 1037 and Measure 37.

145

Chris Crean

Committee Counsel. Submits and highlights overview of SB 1037 (EXHIBIT M).

209

Chair Ringo

Asks Chris Crean to give a brief overview of SB 1037-1 amendments.

210

Crean

States that he thinks the -1 amendments are being circulated.

211

Chair Ringo

Remarks that SB 1037 is available through distribution and that the -1 amendments are available at the following website www.oregonsenate.com.  

215

Crean

States that the -1 amendments are in draft form and that they have been submitted to Legislative Counsel. Submits and discusses overview of SB 1037-1 amendments (EXHIBIT N).

293

Chair Ringo

Makes comment.

295

Crean

Responds. Continues overview of SB 1037-1 amendments.

325

Chair Ringo

Makes comment on the -1 amendments.

330

Lane Shetterly

Director, Department of Land Conservation and Development (DLCD) and represents the Governor’s office. States that he has not had an opportunity to read the -1 amendments. Discusses SB 1037 and Measure 37.

385

Katy Coba

Director, Oregon Department of Agriculture. Submits and highlights written testimony (EXHIBIT O).

TAPE 73, B

035

Bob Stacey

1000 Friends of Oregon. Submits proposed conceptual amendments to SB 1037 (EXHIBIT P) and a section by section summary of SB 1037 replacement language (EXHIBIT Q). States that 1000 Friends of Oregon does not support the approach taken by Chris Crean. Hopes that the committee will find a compensation mechanism.

079

Chair Ringo

States that the compensation mechanism does need to be a critical part of SB 1037. Discusses an email received today about Measure 37 and compensation.

095

Robert P. Latham

Resident, Silver Lake. Submits written testimony (EXHIBIT R). Discusses compensation of Measure 37. Testifies in opposition to SB 1037.

120

Chair Ringo

Remarks that there are summaries available on the website mentioned earlier and in the back of the room.

127

Sen. Atkinson

Thanks witness for driving all the way from Lake County.

138

Rich Holcomb

Rancher, Douglas County. Discusses farming operation. Discusses concerns with effects of Measure 37.

172

Chair Ringo

Asks if anyone has filed a Measure 37 claim.

173

Holcomb

Replies not yet.

174

Chair Ringo

Asks if there would be multiple subdivisions.

175

Holcomb

Explains.

176

Chair Ringo

Asks if those are vacation homes.

177

Holcomb

Replies yes and explains. Continues discussion of Measure 37.

216

Chair Ringo

Comments on Measure 37 and SB 1037.

235

Holcomb

Points out that cattle and hay can be raised on non high value farmland.

237

Chair Ringo

States that is an excellent point and gives another example. Appreciates witness’ testimony.

244

Lynn Miller

Small Farmer’s Journal. Applauds the intent of SB 1037 and explains concerns with SB 1037.

259

Chair Ringo

Asks where Geneva is.

260

Miller

States that he lives between Madras and Sisters.

261

Miller

Continues detailing concerns with SB 1037.

297

Tygh Redfield

Resident, Deschutes County. Gives background information on his farm. States that there have been three (3) Measure 37 claims filed in Deschutes County within one mile of his farm. Discusses compensation mechanism. Discusses land zoning and waivers.

365

Redfield

Asks question about water rights on high value farmland.

366

Chair Ringo

Responds.

367

Redfield

Makes comment.

370

Chair Ringo

Discusses compensation in regards to the state budget. Mentions proposed moratorium.

387

Redfield

Asks what would happen to the six (6) month filing deadline if a compensation mechanism is put into place.

391

Chair Ringo

States that it is a work in progress.

400

Harlan Levy

Senior Staff Attorney, Oregon Association of Realtors. States that he has not yet reviewed the -1 amendments.

410

Chair Ringo

States that they are available on the website mentioned earlier.

412

Levy

Makes comments about tract of record. Refers to Page 1, line 7 of SB 1037.

TAPE 74, B

011

Levy

Discusses date of ownership requirement and makes suggestion.

018

Levy

Discusses transferability. Refers to Page 3, line 20 of SB 1037.

024

Chair Ringo

States that his intention is to clarify the issue of transferability.

028

Levy

Discusses opinion on why Measure 37 passed.

033

Chair Ringo

Asks if he believes that Measure 37 was not about compensation.

034

Levy

Responds.

045

Dave Weil

Farmer, Dundee. Explains that there is a claim for a subdivision near their operation. Discusses water issues. Discusses compensation.

075

Mary Weil

Farmer, Dundee. Discusses waivers. Believes that the legislature is bound by the law to find a way to provide compensation. Acknowledges that there is no money for compensation.

099

Chair Ringo

Appreciates witness’ testimony.

110

Sarah Deumling

Resident and forester, Rickreall. Submits and highlights written testimony on SB 1037 (EXHIBIT S).

187

Jim Arterberry Maresh

Farmer, Yamhill County. Discusses his farm operation. Mentions development in the Dundee hills. Discusses Measure 37.

199

Tawny Paul

Farmer, Yamhill County. States that her family farm, along with all family farms across the state, are in jeopardy because of Measure 37. Discusses waivers and a claim made in Yamhill County. Discusses developments next to farms.

230

Richard Blaine

Farmer, Hood River County, Wasco County and Klickitat County. Discusses orchards in Hood River. Discusses concerns with waivers and their effect on orchards and packing houses.

285

Sydney Blaine

Farmer, Hood River County, Wasco County and Klickitat County. Discusses concerns with tract of record. Hopes committee can explore compensation mechanisms.

310

Roz Shirack

Resident, Marion County. Supports land use planning system. Asks committee not to erode the protections and abilities of the land use planning system to do its job and protect land in Oregon. Discusses concerns with waivers. Asks committee to support compensation.

365

Jim Wood

Rancher, Crook County. Gives background information on himself and his ranching operation. Discusses concerns with income standards, waivers and lack of compensation mechanism. Discusses use of non-resource land. Discusses soil classification.

TAPE 75, A

010

Wood

Discusses economic value of non-resource lands. Asks about roll-up of 1985-1994 income tax standards. Discusses concerns with waivers. States that there needs to be a mechanism for compensation. Discusses filing Measure 37 claims. Discusses guest ranches. Thanks committee for trying to fix Measure 37. Invites committee to Crook County.

060

Chair Ringo

Asks if it is worse to pass SB 1037 or to leave Measure 37 as it is.

063

Wood

Replies that is a tough decision.

064

Chair Ringo

States that this is the choice that needs to be made.

065

Wood

Believes that SB 1037 is a start.

073

Chair Ringo

Asks if it is better to do nothing.

075

Wood

Responds.

090

Sen. Beyer

Remarks on text of Measure 37 and compensation. Discusses right to farm and right to forest laws. States that he must leave and apologizes to those who are signed up to testify.

110

Chair Ringo

Makes comment.

115

John Hedges

Property Owners, Clackamas County. Accompanied by Amanda Hedges. Submits and highlights written testimony in support of SB 1037 (EXHIBIT T).

175

Scott Ashcom

Oregon Agriculture Association. Submits and explains testimony and conceptual amendments in support of SB 1037 (EXHIBIT U).

215

Gary Conkling

Oregon Winegrowers Association. Submits and reads written testimony on SB 1037 (EXHIBIT V).

250

Mona Linstromberg

Resident, Lane County and Neighbors 4 Responsible Growth. Makes comment on previous testimony regarding farm and forest deferral.

255

Chair Ringo

Says that is a top priority for the committee.

256

Linstromberg

Discusses Measure 37 claims and Measure 37.

275

Chair Ringo

Makes comment.

285

Marilyn Reeves

Resident, Amity and member of the Groundwater Advisory Committee, Water Resources Administration. Discusses linkage between water usage and land use. Urges committee to consider groundwater interface. Supports tract of record.

323

Henry Reeves

Resident, Yamhill County. Discusses Measure 37 claim intent of a neighbor. Discusses loopholes in the lot of record provision. States that development is a one way process.

355

Mickey Killingsworth

Resident and farmer, Jefferson County. Submits and reads written testimony in opposition to SB 1037 (EXHIBIT W).

406

Chair Ringo

Asks about statement made by witness.

407

Killingsworth

Explains analysis done.

411

Chair Ringo

States that he would be interested to see that analysis.

412

Killingsworth

Replies.

413

Chair Ringo

States that he wonders what the state will look like if nothing is done.

422

Killingsworth

Offers to bring the analysis in to the committee.

423

Chair Ringo

Replies.

424

Killingsworth

Continues reading submitted testimony.

TAPE 76, A

010

Killingsworth

Acknowledges that the issue of compensation is a work in progress. States that all those that she knows that voted for Measure 37 voted for compensation.

018

Chair Ringo

Comments on compensation and waivers.

035

James Parker

Resident, Yamhill County. Gives background information on area of residence. Discusses Measure 37 claims.

054

Chair Ringo

Asks how many acres.

055

Parker

Replies 320.

056

Parker

Discusses concerns. Addresses Sen. Beyer’s earlier comment using an illustration.

093

Chair Ringo

Verifies that the 320 acre claim mentioned by witness was on high value soil.

095

Parker

Replies yes.

096

Chair Ringo

Points out that, under the -1 amendments, the mentioned claim would not go forward.

103

Liz Frenkel

League of Women Voters of Oregon. Submits and highlights written testimony (EXHIBIT X).

126

Chair Ringo

Discusses transferability.

133

Frenkel

Makes comment.

134

Chair Ringo

Makes comment.

135

Don Schellenberg

Oregon Farm Bureau (OFB). Submits and highlights written testimony in neutrality to SB 1037 (EXHIBIT Y).

150

Chair Ringo

States that position is of no use to the committee.

151

Schellenberg

Responds.

156

Chair Ringo

States that the OFB has 9,000 members. Asks how many members are willing to contact their state Representatives and state Senators to advocate for compensation by a tax increase.

158

Schellenberg

States that he has no way of knowing that.

159

Chair Ringo

Asks if witness has asked them to do that.

160

Schellenberg

Responds.

163

Chair Ringo

Discusses tax increase.

170

Schellenberg

Continues highlighting submitted testimony.

183

Chair Ringo

Asks if witness has specific suggestions on how to strengthen right to farm laws.

184

Schellenberg

Replies yes and gives reference in testimony.

185

Schellenberg

Continues highlighting submitted testimony.

206

Peter Kenagy

Farmer, Benton County. Discusses SB 1037.

225

Chair Ringo

Believes that the mentioned dwellings are going in anyway under Measure 37.

226

Kenagy

Responds. Continues testimony on SB 1037.

258

Chair Ringo

Makes comment on witness’ testimony.

260

Kenagy

Discusses compensation.

268

Chair Ringo

Discusses Measure 11 and the initiative system.

275

Ted Lorensen

Assistant State Forester, Oregon Department of Forestry. Submits informational packet (EXHIBIT Z). Highlights written testimony included in submitted informational packet.

350

Chair Ringo

Asks witness to provide analysis to Chris Crean. Points out that there is not language to deal with mixed farm and forest land.

360

Jessica Hamilton

Legislative Affairs Director, Oregon League of Conservation Voters.  States that she is here on behalf of the Oregon Conservation Network. Discusses SB 1037. Reads sentence from testimony submitted by the Tillamook County Creamery Association (EXHIBIT AA).

405

Chair Ringo

Wants the record to reflect that his statement “let’s tax ice cream” was a joke.

408

Jeremy Wright

Oregon State Public Interest Research Group. Expresses concerns with waivers.

430

Chair Ringo

Remarks on compensation mechanism.

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

 

Shawn Reiersgaard

Director of Environmental and Political Affairs, Tillamook County Creamery Association. Submits written testimony in opposition to SB 1037 (EXHIBIT AA).

 

Wendy Siporen

Executive Director, The Rogue Initiative for a Vital Economy (THRIVE). Submits written testimony on SB 1037 (EXHIBIT BB).

 

Ilsa Perse

Resident, Carlton. Submits written testimony on SB 1037 (EXHIBIT CC).

 

Marcus Simantel

City Club of Portland. Submits informational packet on SB 1037 (EXHIBIT DD).

 

Michael Selvaggio

Legislative Assistant, Sen. Charlie Ringo’s office. Submits written testimony on SB 1037 (EXHIBIT EE).

439

Chair Ringo

Closes public hearing on SB 1037 and adjourns meeting at 5:54 p.m.

 

 

EXHIBIT SUMMARY

 

A.     SB 887, -5 amendments, Sen. Ryan Deckert, 6 pp

B.     SB 294, informational packet, Candi Penn, 42 pp

C.     SB 294, -1 amendments, Sen. Floyd Prozanski, 1 p

D.    SB 294, -2 amendments, Sen. Floyd Prozanski, 1 p

E.     SB 294, informational packet, Carolyn Moran, oversized

F.      SB 294, written testimony of Gerry Shapiro, Sen. Floyd Prozanski, 1 p

G.    SB 294, written testimony, Patrick Goggin, 4 pp

H.    SB 294, informational packet, Joel Lujan, 138 pp

I.       SB 294, written testimony, John English, 2 pp

J.      SB 294, informational packet, Chris Rich, 15 pp

K.    SB 294, book, Chris Rich, oversized

L.     SB 294, written testimony, Dan Hilburn, 1 p

M.  SB 1037, overview, Staff, 4 pp

N.    SB 1037, -1 amendments, Staff, 2 pp

O.    SB 1037, written testimony, Katy Coba, 2 pp

P.      SB 1037, conceptual amendments, Bob Stacey, 8 pp

Q.    SB 1037, summary, Bob Stacey, 3 pp

R.    SB 1037, written testimony, Robert P. Latham, 1 p

S.      SB 1037, written testimony, Sarah Deumling, 2 pp

T.     SB 1037, written testimony, John Hedges, 4 pp

U.     SB 1037, written testimony, Scott Ashcom, 7 pp

V.     SB 1037, written testimony, Gary Conkling, 1 p

W.   SB 1037, written testimony, Mickey Killingsworth, 1 p

X.     SB 1037, written testimony, Liz Frenkel, 1 p

Y.     SB 1037, written testimony, Don Schellenberg, 3 pp

Z.      SB 1037, informational packet, Ted Lorensen, 52 pp

AA.  SB 1037, written testimony, Shawn Reiersgaard, 1 p

BB.  SB 1037, written testimony, Wendy Siporen, 1 p

CC.  SB 1037, written testimony, Ilsa Perse, 1 p

DD.SB 1037, informational packet, Marcus Simantel, 41 pp

EE.SB 1037, written testimony, Michael Selvaggio, 1 p

 

The following exhibits are listed out of order in the body of the tape log:

FF. SB 294, written testimony, Chuck Fall, 2 pp