SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

April 20, 2005                                                                                                         Hearing Room B

3:00 P.M.                                                                                                                               Tape 84

 

MEMBERS PRESENT:         Sen. Charlie Ringo, Chair

Sen. Jason Atkinson, Vice-Chair

Sen. Roger Beyer

 

 

MEMBERS EXCUSED:        Sen. Ginny Burdick

                                                Sen. Frank Shields

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 352 – Work Session

HB 2438 – Work Session

HB 2170 A – Public Hearing

HB 2722 – 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 84, A

 

Chair Ringo

*Recording error* Calls meeting to order at 3:07 p.m. and opens work session on SB 352. Asks if there are amendments that need to be considered.

SB 352 – WORK SESSION

 

Matt Shields

Committee Administrator. Submits SB 352-1 amendments for the record (EXHIBIT A).

004

Joe Rohleder

Oregon Aquaculture Association. Requests to have the -1 amendments adopted.

008

Sen. Atkinson

Asks for explanation of the -1 amendments.

009

Rohleder

Explains the -1 amendments. Explains that the intention is to save the state money.

019

Phil Donovan

Northwest Steelheaders, Northwest Sports Fishing Industry Association. States opposition to creating this permitting expenditure. Explains concerns with SB 352.

031

Sen. Atkinson

MOTION:  Moves to ADOPT SB 352-1 amendments dated 03/07/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Burdick, Shields

033

Chair Ringo

Hearing no objection, declares the motion CARRIED.

034

Sen. Atkinson

MOTION:  Moves SB 352 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Burdick, Shields

035

Chair Ringo

Hearing no objection, declares the motion CARRIED.

036

Chair Ringo

Closes work session on SB 352 and opens work session on HB 2438.

HB 2438 – WORK SESSION

037

Matt Shields

Committee Administrator. Gives overview of HB 2438.

048

Sen. Atkinson

MOTION:  Moves HB 2438 to the floor with a DO PASS recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Burdick, Shields

050

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

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

 

Ronald Eber

Farm and Forest Lands Specialist, Department of Land Conservation and Development. Submits written testimony in support of HB 2438 (EXHIBIT B).

053

Chair Ringo

Closes work session on HB 2438 and opens public hearing on HB 2170 A.

HB 2170 A – PUBLIC HEARING

060

Sen. Beyer

Remarks that he will be leaving in about three minutes. Points out that the committee will lose a quorum when he leaves.

065

Chair Ringo

States that it was not his intention to pass HB 2170 today because he has not had a chance to sift through it.

067

Sebastian Degens

Senior Planner, Port of Portland and member, Oregon Ballast Water Task Force. Submits written testimony in support of HB 2170 (EXHIBIT C). States that he is also submitting written testimony on behalf of Mark Sytsma, Associate Professor, Portland State University; Director, Center for Lakes and Reservoirs and Aquatic Bioinvasion Research and Policy Institute, in support of HB 2170 A (EXHIBIT D). Explains the amendments adopted in the House.

080

Bob Danko

Department of Environmental Quality. States support for HB 2170 A and notes that it has a minimal fiscal impact.

081

Rob Douglas

Columbia River Steamship Operator’s Association and the Maritime Fire and Safety Association. States support for HB 2170 A.

082

Sen. Atkinson

Comments that HB 2170 A is a good environmental bill.

085

Chair Ringo

States that HB 2170 A will be held over until the next scheduled meeting.

090

Chair Ringo

Closes public hearing on HB 2170 A and opens public hearing on HB 2722.

HB 2722 – PUBLIC HEARING

097

Rep. Mitch Greenlick

Represents House District 33. Hopes that HB 2722 can move quickly to the Senate floor. Refers to ORS 221.031. Explains the process and requirements for forming a city. Explains the three mile veto requirement and states that HB 2722 would remove that requirement.

153

Chair Ringo

Asks if the League of Oregon Cities (LOC) is in support or opposition to HB 2722.

154

Rep. Greenlick

Replies that the LOC is in opposition to HB 2722.

156

Rep. Dave Hunt

Represents House District 40. Submits and reads written testimony in support of HB 2722 (EXHIBIT E).

183

Chair Ringo

Asks if the counties can still veto incorporation if HB 2722 passes.

185

Rep Greenlick

Replies yes and explains.

188

Sen. Atkinson

Asks if there is a typo in the Staff Measure Summary (SMS).

189

Matt Shields

Committee Administrator. Replies yes.

200

Linda Ludwig

LOC. States that HB 2722 is about incorporation and not annexation and there is a procedure to go through for cities that are looking at incorporation. Explains that the Millersburg incorporation was the reason for the three mile veto provision.

217

Chair Ringo

Verifies that the issue with Millersburg was that it was incorporated around a significant corporation and preserved taxes for that city, thereby depriving the city of Albany of revenues.

219

Ludwig

Replies yes.

224

Sen. Atkinson

Asks if Sunriver is a city.

226

Ludwig

Replies no, it is not currently incorporated.

229

Sen. Atkinson

Remarks that he lived in Sunriver one winter.

235

Ludwig

Discusses effects of HB 2722:

  • Removes three mile veto provision
  • Changes the mechanics of how the county court approves or denies the petition for annexation

266

Chair Ringo

Verifies that, under HB 2722, an adverse impact to a neighboring city alone is not sufficient for denial.

268

Ludwig

Replies yes.

269

Ludwig

Remarks about language of HB 2722. Discusses three mile veto provision. States opposition to HB 2722 in its current form. Asks for an amendment and gives suggestion of specific language.

295

Rep. Greenlick

States that this is the first that he has heard from the LOC that they were opposed to it. Offers to have an amendment drafted for line 23 on page 3 of HB 2722.

302

Chair Ringo

Asks if witness will support HB 2722 with the suggested amendments.

303

Ludwig

Responds.

311

Chair Ringo

Asks Rep. Greenlick about Millersburg.

315

Rep. Greenlick

Responds.

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

 

Vickie Hardin Woods

City of Salem. Submits written testimony in opposition to HB 2722 (EXHIBIT F).

350

Chair Ringo

Closes public hearing on HB 2722 and adjourns meeting at 3:32 p.m.

 

 

EXHIBIT SUMMARY

 

A.     SB 352, -1 amendments, Staff, 1 p

B.     HB 2438, written testimony, Ron Eber, 1 p

C.     HB 2170 A, written testimony, Sebastian Degens, 2 pp

D.    HB 2170 A, written testimony of Mark Sytsma, Sebastian Degens, 2 pp

E.     HB 2722, written testimony, Rep. Dave Hunt, 1 p

F.      HB 2722, written testimony, Vickie Hardin Woods, 1 p