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.

 

TAPE/#

Speaker

Comments

TAPE 85, A

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.

HB 2582 – PUBLIC HEARING

020

Brett Kacalek

Owner, Northwest Landscape Service. Relates personal story. Submits written testimony in support of HB 2582 (EXHIBIT A).

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.

041

Kacalek

Responds. Continues relating personal story.

065

Chair Ringo

Asks if witness has seen the letter submitted by the Department of Land Conservation and Development (DLCD) with their requested amendment.

066

Kacalek

Replies no.

067

Chair Ringo

Asks if there is someone from DLCD here to testify.

068

Matt Shields

Committee Administrator. States that there is someone next door at another hearing.

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.

076

Kacalek

Concludes testimony.

085

Rod Kacalek

Citizen. States support for HB 2582.

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.

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.

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

 

Bob Rindy

Farm and Forest Lands Specialist, DLCD. Submits written testimony of Lane Shetterly, Director of DLCD, on HB 2582 (EXHIBIT B).

108

Chair Ringo

Closes public hearing on HB 2582 and opens public hearing on HB 2111.

HB 2111 – PUBLIC HEARING

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).

143

Sen. Beyer

Asks how long this unconstitutional law has been on the books.

144

Jackley

Responds.

151

Chair Ringo

Verifies that no funds have been flowing to the Common School Fund.

152

Jackley

Replies not recently. States that there have never been any geothermal proceeds. Discusses proceeds from mineral rights.

170

Chair Ringo

Closes public hearing on HB 2111 and opens work session on HB 2111. (Note: A quorum is now present.)

HB 2111 – WORK SESSION

175

Sen. Beyer

MOTION:  Moves HB 2111 to the floor with a DO PASS recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Shields

176

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

177

Chair Ringo

Closes work session on HB 2111 and opens work session on HB 2170 A.

HB 2170 A – WORK SESSION

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.

193

Chair Ringo

Asks what the impact on ballast water practice would be if HB 2170 A was not passed.

194

Douglas

Responds.

200

Chair Ringo

Asks about a specific change in language in section 6 of HB 2170 A.

201

Douglas

Replies that he does not have the statute in front of him.

205

Chair Ringo

Wonders if it is a substantive change or a clean up of language.

206

Sen. Burdick

Makes comment.

208

Chair Ringo

Wants to recess HB 2170 A.

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.

212

Chair Ringo

Remarks that they should be able to look at HB 2170 A for clarification.

215

Sen. Beyer

Says that the change in language makes HB 2170 A broader. Explains.

221

Douglas

States that the language ensures that ORS 783.625 was actually affected by the penalties.

222

Sen. Burdick

States that she is comfortable with HB 2170 A.

223

Sen. Beyer

MOTION:  Moves SB 2170 A to the floor with a DO PASS recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Shields

227

Chair

Hearing no objection, declares the motion CARRIED.

SEN. BURDICK will lead discussion on the floor.

228

Sen. Beyer

Asks about fiscal impact statement.

229

Matt Shields

Committee Adminstrator. States that he has a copy of the fiscal impact statement.

230

Chair Ringo

Says he is not aware of a fiscal impact.

235

Sen. Beyer

Explains fiscal impact statement.

242

Chair Ringo

Closes work session on HB 2170 A and opens public hearing on HB 2668.

HB 2668 – PUBLIC HEARING

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).

272

Chair Ringo

Verifies that witness is not speaking on behalf of the Planning Association, but on behalf of Douglas County Board of Planners.

275

Stenbeck

Confirms this. States that HB 2668 has state wide implications.

276

Chair Ringo

Asks position of the rest of the planners on HB 2668.

277

Stenbeck

Replies that he does not know of any objections to HB 2668.

280

Chair Ringo

Asks who represents the planners. Asks if it is Stephen Kafoury.

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.

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