SENATE COMMITTEE ON ENVIRONMENT & LAND USE
April 25, 2005 Hearing Room B
3:00 P.M. Tape 85
MEMBERS PRESENT: Sen. Charlie Ringo, Chair
Sen. Roger Beyer
Sen. Ginny Burdick
MEMBERS EXCUSED: Sen. Jason Atkinson, Vice-Chair
Sen. Frank Shields
STAFF PRESENT: Matt Shields, Committee Administrator
Katie Lowry, Committee Assistant
MEASURES/ISSUES HEARD:
HB 2582 – Public Hearing
HB 2111 – Public Hearing and Work Session
HB 2170 A – Work Session
HB 2668 – 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.
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TAPE/# |
Speaker |
Comments |
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TAPE 85, A |
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005 |
Chair Ringo |
Calls meeting to order at 3:05 p.m. Notes that he is the only member present. States that a quorum might not be present today. Opens public hearing on HB 2582. |
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HB 2582 – PUBLIC HEARING |
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020 |
Brett Kacalek |
Owner, Northwest Landscape Service. Relates personal story. Submits written testimony in support of HB 2582 (EXHIBIT A). |
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039 |
Chair Ringo |
Asks if there is any difference in permission required if an operating nursery is open to the public for retail or not. |
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041 |
Kacalek |
Responds. Continues relating personal story. |
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065 |
Chair Ringo |
Asks if witness has seen the letter submitted by the Department of Land Conservation and Development (DLCD) with their requested amendment. |
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066 |
Kacalek |
Replies no. |
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067 |
Chair Ringo |
Asks if there is someone from DLCD here to testify. |
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068 |
Matt Shields |
Committee Administrator. States that there is someone next door at another hearing. |
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069 |
Chair Ringo |
Explains the amendments requested by DLCD. Says that it seems like it will still serve the witness’ purpose. Asks witness to look at the letter. |
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076 |
Kacalek |
Concludes testimony. |
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085 |
Rod Kacalek |
Citizen. States support for HB 2582. |
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087 |
Chair Ringo |
Suggests that witnesses contact Ron Eber with DLCD. Asks witnesses to let him know if they will be okay with the amendments proposed by DLCD. |
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094 |
Bill Cross |
Oregon Landscape Contractors Association. Testifies in support of HB 2582. States that the Oregon Farm Bureau and the Oregon Association of Nurserymen are in support of HB 2582. States that the recommendation of DLCD is new and offers to follow up with DLCD. Believes the recommendation will not harm the intent of HB 2582. |
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The following prepared testimony is submitted for the record without public testimony: |
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Bob Rindy |
Farm and Forest Lands Specialist, DLCD. Submits written testimony of Lane Shetterly, Director of DLCD, on HB 2582 (EXHIBIT B). |
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108 |
Chair Ringo |
Closes public hearing on HB 2582 and opens public hearing on HB 2111. |
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HB 2111 – PUBLIC HEARING |
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115 |
John Jackley |
Highway Division, Oregon Department of Transportation (ODOT). States that HB 2111 does not take money from the Common School Fund. States that HB 2111 resolves a conflict between statute and the constitution over proceeds from either mineral rights or geothermal rights that may be associated with property owned by ODOT. Explains the conflict. Requests support for SB 2111. Submits written testimony (EXHIBIT C). |
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143 |
Sen. Beyer |
Asks how long this unconstitutional law has been on the books. |
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144 |
Jackley |
Responds. |
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151 |
Chair Ringo |
Verifies that no funds have been flowing to the Common School Fund. |
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152 |
Jackley |
Replies not recently. States that there have never been any geothermal proceeds. Discusses proceeds from mineral rights. |
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170 |
Chair Ringo |
Closes public hearing on HB 2111 and opens work session on HB 2111. (Note: A quorum is now present.) |
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HB 2111 – WORK SESSION |
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175 |
Sen. Beyer |
MOTION: Moves HB 2111 to the floor with a DO PASS recommendation. |
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VOTE: 3-0-2 EXCUSED: 2 - Atkinson, Shields |
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176 |
Chair Ringo |
Hearing no objection, declares the motion CARRIED. SEN. BEYER will lead discussion on the floor. |
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177 |
Chair Ringo |
Closes work session on HB 2111 and opens work session on HB 2170 A. |
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HB 2170 A – WORK SESSION |
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181 |
Rod Douglas |
Columbia River Steamship Operator’s Association and the Maritime Fire and Safety Association. Explains that HB 2170 A continues the task force on Ballast Water Management. Briefly explains each section of HB 2170 A. |
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193 |
Chair Ringo |
Asks what the impact on ballast water practice would be if HB 2170 A was not passed. |
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194 |
Douglas |
Responds. |
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200 |
Chair Ringo |
Asks about a specific change in language in section 6 of HB 2170 A. |
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201 |
Douglas |
Replies that he does not have the statute in front of him. |
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205 |
Chair Ringo |
Wonders if it is a substantive change or a clean up of language. |
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206 |
Sen. Burdick |
Makes comment. |
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208 |
Chair Ringo |
Wants to recess HB 2170 A. |
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210 |
Sen. Beyer |
States that both of the statutes are in HB 2170 A. Explains that section two is ORS 783.625 and section five is ORS 783.630. |
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212 |
Chair Ringo |
Remarks that they should be able to look at HB 2170 A for clarification. |
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215 |
Sen. Beyer |
Says that the change in language makes HB 2170 A broader. Explains. |
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221 |
Douglas |
States that the language ensures that ORS 783.625 was actually affected by the penalties. |
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222 |
Sen. Burdick |
States that she is comfortable with HB 2170 A. |
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223 |
Sen. Beyer |
MOTION: Moves SB 2170 A to the floor with a DO PASS recommendation. |
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VOTE: 3-0-2 EXCUSED: 2 - Atkinson, Shields |
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227 |
Chair |
Hearing no objection, declares the motion CARRIED. SEN. BURDICK will lead discussion on the floor. |
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228 |
Sen. Beyer |
Asks about fiscal impact statement. |
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229 |
Matt Shields |
Committee Adminstrator. States that he has a copy of the fiscal impact statement. |
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230 |
Chair Ringo |
Says he is not aware of a fiscal impact. |
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235 |
Sen. Beyer |
Explains fiscal impact statement. |
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242 |
Chair Ringo |
Closes work session on HB 2170 A and opens public hearing on HB 2668. |
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HB 2668 – PUBLIC HEARING |
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245 |
Phil Stenbeck |
Senior Planner, Douglas County Planning Department. States that HB 2668 amends ORS 368 and explains. Explains HB 2668. States that the Douglas County Board of Commissioners requests the committee’s support of HB 2668. Submits written testimony (EXHIBIT D). |
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272 |
Chair Ringo |
Verifies that witness is not speaking on behalf of the Planning Association, but on behalf of Douglas County Board of Planners. |
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275 |
Stenbeck |
Confirms this. States that HB 2668 has state wide implications. |
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276 |
Chair Ringo |
Asks position of the rest of the planners on HB 2668. |
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277 |
Stenbeck |
Replies that he does not know of any objections to HB 2668. |
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280 |
Chair Ringo |
Asks who represents the planners. Asks if it is Stephen Kafoury. |
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281 |
Stenbeck |
States that the Association of Oregon County Planning Directors supports HB 2668. States that the Umpqua Chapter of the Professional Land Surveyor’s Association has expressed support for HB 2668. |
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295 |
Chair Ringo |
Closes public hearing on HB 2668 and adjourns meeting at 3:27 p.m. |
EXHIBIT SUMMARY
A. HB 2582, written testimony, Brett Kacalek, 13 pp
B. HB 2582, written testimony of Lane Shetterly, Bob Rindy, 1 p
C. HB 2111, written testimony, John Jackley, 1 p
D. HB 2668, written testimony, Phil Stenbeck, 2 pp