SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

April 18, 2005                                                                                                         Hearing Room B

3:00 P.M.                                                                                                                               Tape 83

 

MEMBERS PRESENT:         Sen. Charlie Ringo, Chair

Sen. Jason Atkinson, Vice-Chair

Sen. Roger Beyer

Sen. Ginny Burdick

 

MEMBER EXCUSED:          Sen. Frank Shields

 

MEMBER VISITING:                       President Peter Courtney

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 688 – Public Hearing and Work Session

SB 861 – Work Session

HB 2178A – Public Hearing and 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 83, A

005

Chair Ringo

Calls meeting to order at 3:05 p.m. and opens public hearing on SB 688.

SB 688 – PUBLIC HEARING

 

Matt Shields

Committee Administrator. Submits SB 688-1 amendments for the record (EXHIBIT A).

012

Tom Gallagher

Urban Developer Coalition. Requests that the -1 amendments be adopted. Explains that they are amending ORS 94.504. Explains that SB 688-1 allows development agreements to be used for more than residential housing. Gives details of how development agreements would work. Discusses timeline for city and county under SB 688 with the -1 amendments.

035

Chair Ringo

Asks about reason for allowing a longer timeline for the city.

036

Gallagher

Responds that the longer term developments are usually inside the urban growth boundaries.

037

Gallagher

States that the League of Oregon Cities has authorized him to say that they are in agreement with SB 688 with the -1amendments. States that the Association of Oregon Counties is also in agreement with SB 688 with the -1 amendments. States that the Land Conservation and Development Commission is in agreement with SB 688with the -1 amendments as long as the term vesting is not used.

041

Chair Ringo

Verifies that currently development agreements are allowed for residential properties but not for commercial or industrial properties.

042

Gallagher

Explains.

043

Chair Ringo

Closes public hearing on SB 688 and opens work session on SB 688.

SB 688 – WORK SESSION

045

Sen. Beyer

MOTION:  Moves to ADOPT SB 688-1 amendments dated 04/07/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Shields

049

Chair Ringo

Hearing no objection, declares the motion CARRIED.

050

Sen. Beyer

MOTION:  Moves SB 688 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Shields

053

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

054

Chair Ringo

Closes public hearing on SB 688 and opens work session on SB 861.

SB 861 – WORK SESSION

 

Matt Shields

Committee Administrator. Submits SB 861-1 amendments for the record (EXHIBIT B).

060

Ted E. Keizer

Legislative Assistant, Sen. Joanne Verger’s office. Explains the -1 amendments.

065

Sen. Burdick

Asks witness to elaborate on the reasons for the changes in the -1 amendments.

066

Keizer

Explains that Sen. Whitsett thought that the words “through foraging” made SB 861 vague and more broad than originally intended.

070

Sen. Burdick

MOTION:  Moves to ADOPT SB 861-1 amendments dated 03/24/05.

 

 

VOTE:  3-1-2

AYE:            3 - Burdick, President Courtney, Ringo

NAY:            1 - Beyer

EXCUSED:  2 - Atkinson, Shields

073

Chair Ringo

The motion CARRIES.

075

Sen. Burdick

MOTION:  Moves SB 861 to the floor with a DO PASS AS AMENDED recommendation.

080

Chair Ringo

VOTE:  3-1-2

AYE:               3 - Burdick, President Courtney, Ringo

NAY:               1 - Beyer

EXCUSED:    2 - Atkinson, Shields

083

Chair Ringo

The motion CARRIES.

SEN. VERGER will lead discussion on the floor.

086

Chair Ringo

Closes work session on SB 861 and opens public hearing on HB 2178A.

HB 2178 A – PUBLIC HEARING

090

Adam Sussman

Senior Policy Coordinator, Oregon Water Resources Department. Gives background information on HB 2178 A. Discusses process to obtain a water rights permit. Submits and discusses written testimony in support of HB 2178 A (EXHIBIT C).

147

Doug Myers

WaterWatch. States that WaterWatch supports HB 2178 A. Explains that it was amended in the House to address concerns they had with the bill.

150

Chair Ringo

Asks witness to explain the amendments that satisfied WaterWatch’s concerns.

151

Myers

Responds lines 26-28 on page one and lines 1-3 on page two of HB 2178 A.

154

Chair Ringo

Verifies that, since the person already has a permitted right to the water, they will get the second permit, and this is a matter of whether they can get the second permit sooner.

158

Sussman

Replies that in some cases it is the same person’s reservoir, and in other cases it may not be. Gives example. Replies that the process does go faster and prevents the Water Resources Department from having to do unnecessary work.

163

Chair Ringo

Verifies that HB 2178 A is applying to a case where a permit has already been approved, allowing that water user to use the specified water.

166

Sussman

Confirms that there would already be an existing right to store water and this is a secondary right to use the stored water.

170

Sen. Beyer

States that he has two versions of HB 2178 A. Says there is an A-engrossed bill and a corrected A-engrossed bill.

175

Chair Ringo

States that he only has the corrected A-engrossed version.

176

Sen. Burdick

States that she has both versions of HB 2178A.

177

Sussman

Explains typographical error which resulted in the corrected version of the A-engrossed bill.

186

Sen. Beyer

Asks which version passed the House.

187

Sussman

Replies the corrected A-engrossed version.

188

Chair Ringo

Asks what the typographical error was.

189

Sussman

Refers to page 2, line 16. Explains in detail. States that on line 19, the word operator said owner also.

204

Chair Ringo

Verifies that line 19 contained the word owner instead of the word operator.

206

Sussman

Replies that is correct.

210

Sen. Beyer

Asks if the amendment had the word owner on it when it came out of committee.

215

Sussman

States that the committee voted on the version with the word operator which is the corrected A-engrossed version. Says that the committee understood there was a typographical error and there would be a corrected version. States that the corrected version was reprinted and moved to the House floor.

223

Chair Ringo

Verifies that the committee voted based on a conceptual amendment and that amendment wasn’t printed in the original version of HB 2178.

226

Sen. Beyer

Makes comments. Ask why it had to be reprinted. Says that is probably a question for Legislative Counsel.

233

Sen. Burdick

Remarks that it would have to have been sent back to the committee.

234

Sen. Beyer

Wants to know what was actually voted on in the House floor.

235

Sen. Burdick

Verifies history of HB 2178 A.

242

Sussman

Explains that in committee, the -1 amendments were found to have the word owner instead of operator and the committee made a conceptual amendment to change the word from owner to operator. Explains that then the bill was voted out of committee. Says that HB 2178 was printed as an A-engrossed version, but still contained the word owner instead of operator. Says that it was a printing error, and it was sent back and the corrected A-engrossed version was printed. States that the corrected A-engrossed version is what was sent to the House floor.

260

Sen. Burdick

States that conceptual amendments are always risky.

261

Myers

Comments that Brendan McCarthy from Legislative Counsel was there and did the correction in committee, but that it was just printed incorrectly.

263

Chair Ringo

Asks if committee is comfortable with HB 2178 A.

264

Sen. Beyer

Replies yes and makes comments.

270

Sen. Burdick

Remarks that it is better not to do conceptual amendments.

271

Sen. Beyer

Says that it is better to send it back to committee and have a B-engrossed version.

280

Chair Ringo

Agrees. Closes public hearing on HB 2178 A and opens work session on HB 2178 A.

HB 2178 A – WORK SESSION

281

Sen. Beyer

MOTION:  Moves HB 2178A to the floor with a DO PASS recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Shields

283

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

285

Chair Ringo

Closes work session on HB 2178A and adjourns meeting at 3:26 p.m.

 

 

EXHIBIT SUMMARY

 

A.     SB 688, -1 amendments, Staff, 2 pp

B.     SB 861, -1 amendments, Staff, 1 p

C.     HB 2178A, written testimony, Adam Sussman, 2 pp