SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

May 17, 2005                                                                                                       Hearing Room 343

8:00 A.M.                                                                                                                     Tapes 92 - 93

 

MEMBERS PRESENT:         Sen. Charlie Ringo, Chair

Sen. Jason Atkinson, Vice-Chair

Sen. Roger Beyer

Sen. Ginny Burdick

Sen. Frank Shields

 

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

                                                Chris Crean, Committee Counsel

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 290 – Work Session

SB 1037 – Work Session

SB 731 – Work Session

SB 569 – Work Session

SB 1032 – Public Hearing

SB 863 – Work Session

SB 347 – 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 92, A

005

Chair Ringo

Calls meeting to order at 8:07 a.m. States that SB 532 will be heard at the next scheduled meeting on Thursday, May 19, 2005 at 8:00 a.m. Opens work session on SB 290.

SB 290 – WORK SESSION

015

Matt Shields

Committee Administrator. Gives overview of SB 290. Submits and explains the -4 amendments (EXHIBIT A).

023

Sen. Burdick

MOTION:  Moves to ADOPT SB 290-4 amendments dated 05/11/05.

025

Chair Ringo

Asks Sen. Beyer if he would like a moment to review the amendments.

026

Sen. Beyer

Verifies that the committee is discussing SB 290 with the -4 amendments.

027

Chair Ringo

Replies yes and states that committee staff just introduced the -4 amendments. Gives overview of the -4 amendments.

028

Sen. Beyer

States intention to vote  no on the -4 amendments.

030

 

VOTE:  3-1-1

AYE:               3 - Burdick, Shields, Ringo

NAY:               1 - Beyer

EXCUSED:     1 - Atkinson

 

Chair Ringo

The motion CARRIES.

035

Sen. Burdick

MOTION:  Moves SB 290 to the floor with a DO PASS AS AMENDED recommendation.

038

Sen. Beyer

Believes that SB 290 has a subsequent referral to Ways and Means.

039

Chair Ringo

States that the fiscal impact has been removed with the amendments.

040

Sen. Burdick

States that she would like to amend her motion.

042

Sen. Burdick

MOTION:  Moves SB 290 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

046

Sen. Beyer

States intention to vote no on the motion.

047

 

VOTE:  3-1-1

AYE:               3 - Burdick, Shields, Ringo

NAY:               1 - Beyer

EXCUSED:    1 - Atkinson

 

Chair Ringo

The motion CARRIES.

SEN. SHIELDS will lead discussion on the floor.

053

Chair Ringo

Closes work session on SB 290 and opens work session on SB 1037.

SB 1037 – WORK SESSION

055

Chair Ringo

States that a public hearing was held recently on SB 1037 in almost this exact form. Asks Committee Counsel to give overview of the current version of SB 1037.

057

Chris Crean

Committee Counsel. Submits the -2 amendments for the record (EXHIBIT B). Submits a summary of the -2 amendments (EXHIBIT C). States that the -2 amendments track very closely with the concept draft reviewed in committee a week ago. Asks if he should go through the changes made in the -2 amendments.

060

Chair Ringo

Asks Mr. Crean to clarify the changes.

062

Crean

Reviews changes in the -2 amendments.

087

Chair Ringo

Asks staff from the Legislative Revenue Office (LRO) to explain their analysis of the House bill that is referenced in SB 1037.

090

Paul Warner

LRO. Introduces Mazen Malik. States that they have been working with Chair Ringo and Rep. Nolan on potential revenue sources that would fund a compensation fund. States they have looked at different approaches and explains.

113

Mazen Malik

LRO. Submits and explains revenue assessment of HB 3484 (EXHIBIT D).

200

Malik

Continues explanation of revenue assessment of HB 3484.

273

Chair Ringo

Refers to the bottom portion of the submitted revenue assessment. Understands that there are a lot of assumptions built into this analysis. Asks if this is the witness’ best assumption.

282

Malik

Explains that without a best assumption of them all, one would try to keep it small.

283

Chair Ringo

Verifies that the numbers are kept small to remain conservative.

284

Malik

Replies yes and explains in detail.

300

Sen. Burdick

States that under existing land use law, if land is taken out of farm or forest deferral, people have to pay the back taxes for the amount of benefit received. Asks how this fits into this analysis.

310

Crean

Explains current statute requirement for repayment of back taxes. Explains how SB 1037 with the -2 amendments would change the requirement for the repayment of back taxes on beneficial assessments.

320

Sen. Burdick

Verifies that the revenue would go into the mentioned account.

321

Crean

Replies correct. Explains revenue accounts in detail.

328

Sen. Burdick

Thanks Mr. Crean for the clarification.

330

Chair Ringo

Verifies that Section 54 of the -2 amendments is the section that references the House bill.

338

Crean

Replies correct.

339

Chair Ringo

Verifies that even though the -2 amendments do not mention HB 3484 by name, the effect of Section 54 is that SB 1037 would not become effective until HB 3484 becomes law.

340

Crean

Replies correct.

341

Sen. Beyer

Asks when the new tax will be paid.

342

Malik

Explains in detail.

355

Beyer

Asks Mr. Crean for clarification on earlier statement regarding the repayment of back taxes.

358

Crean

Clarifies that the repayment of back taxes under the -2 amendments would be either statutory or the maximum period which the owner has received the beneficial assessment. States that the statutory period is 10 years, but if an owner has been receiving the benefit for 12 years, then the owner would be charged the back taxes for 12 years.

363

Sen. Beyer

Clarifies that under current law, if a person re-zones their property, they would pay 10 years of back taxes. Verifies that under the -2 amendments they would pay back taxes for 20 years if that is how long they have owned the property.

369

Crean

Replies yes, if they have been receiving the benefits for 20 years.

371

Crean

Comments on HB 3484.

383

Chair Ringo

MOTION:  Moves to ADOPT SB 1037-2 amendments dated 05/16/05.

386

Sen. Burdick

States reason for opposition to the -2 amendments. Makes comments.

TAPE 93, A

004

Sen. Shields

Asks Chair Ringo about conversation with Sen. Morse.

007

Chair Ringo

States that at the public hearing on the -2 amendments last week, there was an issue with the reference to aggregate mining and its exemption from Measure 37 claims. States that exemption has been removed.

012

Sen. Burdick

Asks for explanation.

013

Chair Ringo

Explains that if someone has property and is interested in aggregate mining, they would be entitled to compensation for regulations preventing them from aggregate mining, or those regulations would be waived to allow aggregate mining.

017

Sen. Burdick

Verifies that is the way it is currently written.

018

Chair Ringo

Confirms this.

019

Sen. Shields

Discusses aggregate mining from previous session.

027

Chair Ringo

Replies yes and states that the Measure 37 work group was not informed of the mentioned discussion.

028

 

VOTE:  3-2-0

AYE:               3 - Beyer, Shields, Ringo

NAY:               2 - Atkinson, Burdick

 

Chair Ringo

The motion CARRIES.

029

Chair Ringo

MOTION:  Moves SB 1037 to the floor with a DO PASS AS AMENDED recommendation.

031

Sen. Beyer

Discusses reasons for voting yes on SB 1037.

041

Sen. Burdick

States intention to vote no on SB 1037.

045

 

VOTE:  3-2-0

AYE:               3 - Beyer, Shields, Ringo

NAY:               2 - Atkinson, Burdick

 

Chair Ringo

The motion CARRIES.

SEN. RINGO will lead discussion on the floor.

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

 

Scott Cooper

Crook County Judge. Submits written testimony on Measure 37 (EXHIBIT M).

050

Chair Ringo

Closes work session on SB 1037 and opens work session on SB 731.

SB 731 – WORK SESSION

 

Matt Shields

Committee Administrator. Submits the -2 amendments for the record (EXHIBIT G).

053

Rep. Jackie Dingfelder

Represents House District 45. Explains the -2 amendments.

094

Chair Ringo

Asks if this bill has a fiscal impact associated with it.

095

Rep. Dingfelder

Replies no and explains.

100

Adam Sussman

Water Resources Department (WRD). Submits written testimony (EXHIBIT H). Explains that with the -2 amendments, there is no fiscal impact. States that the original bill did have a fiscal impact.

110

Chair Ringo

Verifies that the WRD supports the -2 amendments.

111

Sussman

Confirms this.

112

Sen. Beyer

Asks if there is anything in the -2 amendments that is different than what could be done today without it.

116

Sussman

Responds.

122

Rep. Dingfelder

Points out there is no current statutory requirement for the WRD to report to the legislature on the progress of water measurements. Explains what the -2 amendments accomplish.

138

Chair Ringo

Asks Mr. Kosesan if he has reviewed the -2 amendments.

140

Richard Kosesan

Water For Life. Replies yes.

143

Glen Stonebrink

Oregon Cattlemen’s Association. Testifies in opposition to SB 731.

178

Chair Ringo

Mentions Adam Sussman’s testimony. Submits and discusses ORS excerpts (EXHIBIT I). States that Water for Life reluctantly opposes SB 731. Explains opposition.  

220

Kosesan

Mentions earlier testimony. Asks if witness believes if SB 731 does something significant.

223

Kosesan

Replies yes and no. Explains in detail.

230

Stonebrink

Responds.

237

Sen. Shields

Remarks on witness’ comments. Asks if this kind of reporting will affect water usage in any way.

241

Kosesan

Believes it will not. Explains.

253

Sen. Shields

Asks Mr. Stonebrink to respond.

254

Stonebrink

Responds.

278

Sen. Shields

Asks about using a formula instead of a meter.

280

Stonebrink

Responds.

293

Sen. Shields

Discusses a potential water crisis. Discusses measurement of water.

313

Stonebrink

Makes comments about water management.

325

Sen. Burdick

MOTION:  Moves to ADOPT SB 731-2 amendments dated 04/29/05.

330

 

VOTE:  3-2-0

AYE:               3 - Burdick, Shields, Ringo

NAY:               2 - Atkinson, Beyer

 

Chair Ringo

The motion CARRIES.

335

Sen. Burdick

MOTION:  Moves SB 731 to the floor with a DO PASS AS AMENDED recommendation.

340

Sen. Atkinson

Explains reason for opposition.

350

 

VOTE:  3-2-0

AYE:               3 - Burdick, Shields, Ringo

NAY:               2 - Atkinson, Beyer

 

Chair Ringo

The motion CARRIES.

SEN. SHIELDS will lead discussion on the floor.

355

Chair Ringo

Closes work session on SB 731 and opens work session on SB 569.

SB 569 – WORK SESSION

360

Matt Shields

Committee Administrator. Gives overview of SB 569. Submits and explains the -4 amendments (EXHIBIT J).

385

Chair Ringo

Asks staff if this is a consensus amendment.

386

Shields

Believes that to be true.

387

Chair Ringo

Verifies that the -4 amendments should be adopted.

388

Shields

Confirms this.

392

Sen. Atkinson

MOTION:  Moves to ADOPT SB 569-4 amendments dated 05/10/05.

395

 

VOTE:  5-0-0

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

397

Chair Ringo

States that the subsequent referral to Ways and Means needs to be rescinded.

400

Sen. Atkinson

MOTION:  Moves SB 569 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

405

 

VOTE:  5-0-0

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. PROZANSKI will lead discussion on the floor.

TAPE 92, B

003

Chair Ringo

Closes work session on SB 569 and opens public hearing on SB 1032.

SB 1032 – PUBLIC HEARING

006

Gary Conkling

Beaverton School District. Gives background information on the Beaverton School District. Discusses growth in the Beaverton School District. Discusses cost of building a school. Testifies in support of SB 1032.

084

Randy Tucker

Legislative Affairs Manager, Metro. Discusses history of SB 1032. Reviews legislative history on this issue. Discusses expansion of the urban growth boundary (UGB). Discusses language to be added to SB 1032.

142

Sen. Atkinson

Verifies that it is the witness’ intent that SB 1032 would only apply to Portland.

143

Conkling

Replies yes.

144

Sen. Atkinson

Asks if the term high growth school district is defined in SB 1032 as enrollment of 5,000 students.

147

Conkling

States this definition is in existing statute. Discusses provision.

156

Tucker

Discusses restricting SB 1032 to high growth school districts.

166

Sen. Atkinson

Verifies that a high growth school district means public schools and does not include private schools.

167

Conkling

Confirms this.

168

Sen. Atkinson

Asks Mr. Tucker if SB 1032 is moving this up on the priority list in order to be adopted into the UGB.

172

Tucker

States that he would not necessarily use the terminology priority. Explains.

175

Sen. Atkinson

Makes comment.

176

Tucker

Discusses land in the Metro area.

192

Sen. Atkinson

States that he lives in an area of the state that needs to grow. States schools in his district have a hard time growing. States that SB 1032 makes it easier for schools in Portland to grow, but not in Southern Oregon. Discusses litigation examples.

207

Tucker

States that he represents one particular area of the state.

209

Chair Ringo

Suggests drafting the amendment to make it statewide.

215

Conkling

Believes there is interest in seeing this issue addressed at the statewide level. Discusses school bond measures. Discusses growth of schools in Beaverton.

242

Chair Ringo

Asks which school has capacity for 1000 students.

243

Conkling

Replies Beaver Acres. Continues discussion of growth of schools in Beaverton. Discusses timeline. States that there may be other school districts that have problems, but he doesn’t know of any school district that has Beaverton’s problems.

269

Sen. Shields

Verifies that Mr. Conkling believes there is probably not a good way to address Sen. Atkinson’s concerns without jeopardizing the solution in Beaverton.

273

Conkling

Remarks he doesn’t know if that is true or not. States that he doesn’t know how to solve Sen. Atkinson’s concerns.

284

Mary Kyle McCurdy

1000 Friends of Oregon. Submits written testimony (EXHIBIT K). States opposition to SB 1032 as originally drafted. Says that 1000 Friends of Oregon supports the amendments which will be drafted by Mr. Conkling. Discusses System Development Charges (SDCs).

318

McCurdy

Responds to issue brought up by Sen. Atkinson.

340

Chair Ringo

States he would like to hold off on further testimony until the amendments have been drafted.

342

Bob Rindy

Department of Land Conservation and Development. States that Ms. McCurdy made the same point he was going to make about specific land needs for the rest of the state.

348

Chair Ringo

Closes public hearing and opens work session on SB 863.

SB 863 – WORK SESSION

350

Don Schellenberg

Oregon Farm Bureau. Explains SB 863.

370

Sen. Atkinson

MOTION:  Moves SB 863 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

375

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

380

Chair Ringo

Closes work session on SB 863 and opens work session on SB 347.

SB 347 – WORK SESSION

381

Matt Shields

Committee Adminstrator. Gives overview of SB 347. Submits and explains the -2 amendments (EXHIBIT L).

395

Chair Ringo

Announces that SB 347 will be held over until the next scheduled meeting on Thursday, May 19, 2005 at 8:00 a.m. Closes work session on SB 347 and adjourns meeting at 9:28 a.m.

 

 

EXHIBIT SUMMARY

 

A.     SB 290, -4 amendments, Staff, 8 pp

B.     SB 1037, -2 amendments, Staff, 71 pp

C.     SB 1037, -2 amendments summary, Staff, 4 pp

D.    SB 1037, revenue assessment summary of HB 3484, Staff, 1 p

E.     SB 1037, written testimony, Liz Frenkel, 2 pp

F.      SB 1037, written testimony, Kingsley W. Click, 2 pp

G.    SB 731, -2 amendments, Staff, 2 pp

H.    SB 731, written testimony, Adam Sussman, 3 pp

I.       SB 731, ORS excerpts, Richard Kosesan, 6 pp

J.      SB 569, -4 amendments, Staff, 1 p

K.    SB 1032, written testimony, Mary Kyle McCurdy, 2 pp

L.     SB 347, -2 amendments, Staff, 2 pp

 

The following exhibit is listed out of order in the body of the tape log:

M.  SB 1037, written testimony, Scott Cooper, 3 pp