SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

May 26, 2005                                                                                                       Hearing Room 343

8:00 A.M.                                                                                                                 Tapes 100 - 102

 

MEMBERS PRESENT:         Sen. Charlie Ringo, Chair

Sen. Jason Atkinson, Vice-Chair

Sen. Roger Beyer

Sen. Frank Shields

 

MEMBER EXCUSED:          Sen. Ginny Burdick

 

MEMBER VISITING:                       President Peter Courtney

 

STAFF PRESENT:                 Matt Shields, Committee Administrator

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

HB 2458 A – Public Hearing

HB 2926 – Public Hearing and Work Session

HB 2927 A – Public Hearing and Work Session

SB 532 – Work Session

HJM 5 A – Work Session

HB 2881 – Public Hearing and Work Session

HB 2722 – Work Session and Public Hearing

HB 3313 A – 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 100, A

005

Chair Ringo

Calls meeting to order at 8:12 a.m. Makes opening remarks. Opens public hearing on HB 2458 A.

HB 2458 A – PUBLIC HEARING

010

Sen. David Nelson

Senate District 29. Testifies in support of HB 2458 A. Submits written testimony (EXHIBIT A).

022

Chair Ringo

Recesses public hearing on HB 2458 A and opens public hearing on HB 2926 and HB 2927 A.

HB 2926 AND HB 2927 A – PUBLIC HEARING

034

Chair Ringo

Recesses public hearing on HB 2926 and HB 2927 A and opens work session on SB 532.

SB 532 – WORK SESSION

040

Martin Taylor

Oregon Nurses Association. Submits and explains the -6 amendments to SB 532 (EXHIBIT B).

056

Chair Ringo

Verifies that this bill will have a subsequent referral to the Senate Special Committee on Budget.

057

Taylor

Confirms this.

058

Sen. Shields

Asks who was involved in drafting these amendments.

059

Taylor

Responds.

072

Chair Ringo

MOTION:  Moves to ADOPT SB 532-6 amendments dated 05/25/05.

074

 

VOTE:  5-0-2

EXCUSED:  2 - Beyer, Burdick

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

075

Chair Ringo

MOTION:  Moves SB 532 to the floor with a DO PASS AS AMENDED recommendation.

076

 

VOTE:  3-1-2

AYE:               3 – President Courtney, Shields, Ringo

NAY:               1 - Atkinson

EXCUSED:    2 - Beyer, Burdick

 

Chair Ringo

The motion CARRIES.

SEN. RINGO will lead discussion on the floor.

078

Chair Ringo

Recesses committee.

079

Chair Ringo

Calls meeting back to order and re-opens public hearing on HB 2926.

HB 2926 – PUBLIC HEARING

081

John McDonald

Executive Director, Oregon Association of Conservation Districts. Explains HB 2926. Submits written testimony in support of HB 2926 (EXHIBIT C).

096

Larry Ojua

Oregon Department of Agriculture. States support for HB 2926. Concurs with previous witness.

099

Paul Reed

Director, East Lane Soil and Water Conservation District. Believes HB 2926 is important in order to remove an anachronism from the existing statute.

105

Chair Ringo

Closes public hearing on HB 2926 and opens work session on HB 2926.

HB 2926 – WORK SESSION

107

Sen. Atkinson

MOTION:  Moves HB 2926 to the floor with a DO PASS recommendation.

110

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

112

Chair Ringo

Closes work session on HB 2926 and re-opens public hearing on HB 2927 A.

HB 2927 A – PUBLIC HEARING

113

John McDonald

Executive Director, Oregon Association of Conservation Districts. Explains HB 2927 A. Submits written testimony in support of HB 2927 A (EXHIBIT D).

127

Chair Ringo

Asks what the stream of interest is that will be used to repay the bonds.

128

McDonald

Asks for clarification.

129

Chair Ringo

Clarifies the stream of revenue that will be used to repay the bonds.

130

McDonald

Replies it would be an issuing of a tax. Explains provision.

135

Sen. Shields

Relates experience of serving on the Board of Directors for a community college. Wonders if a small election would present a problem.

146

McDonald

Responds.

151

Larry Ojua

Oregon Department of Agriculture. Explains HB 2927 A was partly at the request of one conservation district in Yamhill County.

158

Chair Ringo

Closes public hearing on HB 2927 A and opens work session on HB 2927 A.

HB 2927 A – WORK SESSION

163

Sen. Atkinson

MOTION:  Moves HB 2927 A to the floor with a DO PASS recommendation.

167

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

 

 

 

168

Chair Ringo

Closes work session on HB 2927 A and opens work session on HJM 5 A.

HJM 5 A – WORK SESSION

170

Chair Ringo

Discusses HJM 5 A.

178

Sen. Atkinson

MOTION:  Moves HJM 5 A be sent to the floor with a BE ADOPTED recommendation.

182

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

183

Chair Ringo

Closes work session on HJM 5 A and opens public hearing on HB 2881.

HB 2881 – PUBLIC HEARING

 

Matt Shields

Committee Administrator. Submits the -2 amendments to HB 2881 for the record (EXHIBIT E).

184

Chair Ringo

Asks Sen. Beyer if he has had a chance to decide.

185

Sen. Beyer

Replies yes. Explains the Oregon Department of Fish and Wildlife (ODFW) currently has the authority to de-list this species of goose, but they can’t get there scientifically. Discusses concerns with the -2 amendments. Explains the Governor’s office wants the bill as originally drafted with one additional amendment that would add an emergency clause.

199

Chair Ringo

States the committee does not have that amendment here.

200

Sen. Beyer

Replies the amendment is on its way. Explains he had the amendment drafted yesterday afternoon. Discusses timeline. Submits the -3 amendments to HB 2881 (EXHIBIT F).

212

Chair Ringo

Verifies that the -3 amendments that were just received add the emergency clause.

214

Sen. Beyer

Confirms that the -3 amendments only add an emergency clause.

 

Chair Ringo

Closes the public hearing and opens the work session on HB 2881.

HB 2881 – WORK SESSION

216

Sen. Beyer

MOTION:  Moves to ADOPT HB 2881-3 amendments dated 05/25/05.

222

Sen. Shields

Asks about the differences between the -2 and the -3 amendments.

223

Chair Ringo

Explains the -2 amendments and the -3 amendments.

235

Sen. Shields

States he will not oppose the -3 amendments. States concerns.

239

Chair Ringo

Comments that the legislature statutorily imposed the listing.

242

Sen. Beyer

Remarks that science says this species should be de-listed, but cannot be because of Oregon’s de-listing laws.

245

Sen. Shields

Remarks he wanted some discussion on the record.

247

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

249

Sen. Beyer

MOTION:  Moves HB 2881 to the floor with a DO PASS AS AMENDED recommendation.

252

 

VOTE:  4-0-1

EXCUSED:  1 - Burdick

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

264

Chair Ringo

Closes work session on HB 2881 and opens work session on HB 2722.

HB 2722 – WORK SESSION

 

Matt Shields

Committee Administrator. Submits the -1 amendments (EXHIBIT G) and the -2 amendments (EXHIBIT H) to HB 2722 for the record.

265

Rep. Mitch Greenlick

House District 33. Explains HB 2722 with the -1 amendments.

329

Chair Ringo

Verifies that the -1 amendments refer to whether a county court makes a decision regarding whether it may adversely affect a neighboring city.

332

Rep. Greenlick

Replies yes.

333

Chair Ringo

Asks if that is also true for a county commission.

335

Rep. Greenlick

Believes it to also be true for a county commission. Discusses language on page 3 of the amendments.

342

Sen. Shields

Asks how long ago the three-mile limit was set.

345

Rep. Greenlick

Believes ORS 221.031 is several years old.

349

Sen. Shields

Makes comment.

357

Chair Ringo

Discusses previous testimony of Linda Ludwig on this subject.

365

Chair Ringo

Closes work session on HB 2722 and opens public hearing on HB 2722.

HB 2722 – PUBLIC HEARING

367

Sen. Beyer

Remarks that he doesn’t have any information on HB 2722 in his bill file. Asks for background information.

370

Chair Ringo

Makes comments.

380

Linda Ludwig

League of Oregon Cities. Gives background information on HB 2722. Submits Incorporation Guide (EXHIBIT I). Discusses the -2 amendments. Asks committee to consider the -2 amendments.

TAPE 101, A

001

Ludwig

Continues discussion of HB 2722 with the -2 amendments.

024

Rep. Greenlick

Comments on concerns with a one-mile limit.

035

Ludwig

Explains there have been several incorporations since this law came into effect. Provides examples. Explains there have been no cities even under the three-mile veto that have put forward a resolution to object to the incorporation of a city.

045

Ken Henschel

Chairman, Citizen Participation Organization (CPO) 4B, Washington County. Testifies in support of HB 2722. Submits resolution from the CPO (EXHIBIT J). Responds to Ms. Ludwig’s remarks. Believes the one-mile limit will only exacerbate the problem. Explains.

069

Chair Ringo

Discusses community planning. Gives example of Washington County. Wonders if it serves community planning to have cities blending together.

081

Henschel

Responds.

096

Julie Russell

Resident, Washington County. Believes the power to veto is an abuse of power. Provides example. States they met with the people of the city of Damascus and explains how much work it was for them to form their own city.

114

Isador W. Morgavi

Resident, Washington County. Relates anecdote. Discusses the unincorporated area of Bull Mountain. Mentions HB 2484 (2005) and SB 380 (2005). Explains support for HB 2722.

132

Chair Ringo

Verifies the mentioned bills are annexation bills.

133

Morgavi

Replies yes.

135

Philip Docker

Citizen. Concurs with previous witnesses.

139

Chair Ringo

Announces HB 2722 will not be moved today. Closes public hearing on HB 2722 and states that the work session for HB 2722 will be heard at the next scheduled meeting.

150

Chair Ringo

Opens public hearing on HB 3313 A.

HB 3313 A – PUBLIC HEARING

163

Kathleen Worman

Resident, Saint Helens. Discusses HB 3313 A. Explains template test. Explains that Multnomah County requires the template to be square, whereas state law permits a long rectangle. Relates personal story. Points out the law is silent on the issue of a dwelling being on the template boundary line. States that Multnomah County has not expressed any opposition to HB 3313 A.

190

Chair Ringo

Clarifies the issue is that the boundary line divides the dwelling.

191

Worman

Replies yes and explains that, because the law is silent on the issue, Multnomah County has concluded that the dwelling is not within the template. Explains HB 3313 A passed out of the House Land Use Committee and the House floor unanimously. Reiterates that Multnomah County has not expressed any opposition to HB 3313 A.

197

Chair Ringo

Asks about language on page 2 of HB 3313 A. Asks about the significance of changing “or” to “and”.

202

Worman

Comments that Chris Crean is not present today.

203

Chair Ringo

Wants to have the question answered before the committee passes the bill.

205

Worman

Asks for clarification of the question.

206

Chair Ringo

States that on page 2, line 2 of the bill, the word “or” is being changed to “and”.

208

Worman

Asks Chair Ringo to read the sentence.

209

Sen. Beyer

Clarifies that is line 12.

210

Chair Ringo

Believes it to be line 2.

211

Sen. Beyer

Explains Chair Ringo is looking at the amendment.

212

Chair Ringo

Replies okay.

213

Worman

Asks if the language has been clarified.

215

Chair Ringo

Replies he wants the explanation from Legislative Counsel (LC). Asks if there is anyone else who will testify on HB 3313 A.

220

Dave Hunnicutt

Oregonians In Action. Addresses the language on page 2, line 12 of HB 3313 A. Believes the amendment is consistent with current knowledge of land use law.

235

Chair Ringo

Makes comments regarding changes made by LC to address an inconsistency in the bill that isn’t the intent of the bill, but they are an attempt to clean up statute.

236

Sen. Shields

Remarks it seems as though that is what LC is doing because the only way it makes sense is to have “and” rather than “or”.

237

Chair Ringo

Agrees.

240

Chair Ringo

Closes public hearing on HB 3313 A. Makes comments regarding agenda. Opens public hearing on HB 2458 A.

HB 2458 A – PUBLIC HEARING

 

Matt Shields

Committee Administrator. Submits the –A3 amendments for the record (EXHIBIT K).

265

Harlan Levy

Oregon Association of Realtors (OAR). Gives background information on HB 2458 A. Explains the –A3 amendments.

340

Levy

Submits and summarizes written testimony in support of HB 2458 A (EXHIBIT L).

TAPE 100, B

001

Levy

Continues summarizing written testimony. Discusses reasons why HB 2458 A does not provide advantages for the development of a Wal-Mart.

045

Chair Ringo

Wonders why the witness believes a Wal-Mart couldn’t operate on a septic system and a private well.

048

Levy

States that maybe they could. Continues discussion of reasons why HB 2458 A does not provide advantages for the development of a Wal-Mart.

054

Levy

Makes closing remarks.

061

Chair Ringo

Asks witness to explain why the original statute was limited to industrial lands and why it had a sunset.

063

Levy

States those were negotiated compromises that were reached in the 2003 session.

066

Chair Ringo

Verifies that there was no policy reason.

067

Levy

Replies no. Discusses commercial and industrial lands.

071

Chair Ringo

Asks if witness believes there should be different planning criteria for industrial and commercial lands.

073

Levy

Believes that is provided for in HB 2458 A. Explains in detail.

078

Chair Ringo

Asks what the policy reasons are for having different criteria for commercial and industrial uses.

079

Levy

Explains there may be different impacts. Discusses local control.

087

Chair Ringo

Refers to editorial in the Bend Bulletin in regards to HB 2458 A.

095

Levy

States the editorial was written before HB 2458 A was amended. Explains there was a response to the editorial. Remarks the OAR addressed the concerns that the cities brought to their attention.

100

Chair Ringo

Asks what amendments were made in the House in response to the mentioned editorial.

101

Levy

Replies they added the five-mile ring provision around cities.

102

Chair Ringo

Verifies the five-mile ring provision was not in the original bill.

103

Levy

Confirms this.

109

Michael Robinson

Perkins Coie, LLP. Testifies in support of HB 2458 A.

139

Chair Ringo

Asks what witness thinks about SB 1037.

140

Robinson

Discusses Measure 37.

151

Chair Ringo

Asks what witness believes is the biggest danger of HB 2458 A.

154

Robinson

Responds.

166

Chair Ringo

Asks if some of the safeguards have been lost with Measure 37.

167

Robinson

Replies no and explains. Discusses Measure 37.

185

Dennis Doherty

Umatilla County Commissioner. States support for HB 2458 A. Requests to allow the other witnesses to speak first. Asks to speak at the end if there is time. Submits written testimony in support of HB 2458 A (EXHIBIT M).

194

David Hadley

Resident, Hermiston. Attorney At Law. Explains he served on the Umatilla County Planning Commission from 1982-1992. Submits written testimony in support of HB 2458 A (EXHIBIT N). Discusses visual aid.

228

Chair Ringo

Asks where I-84 is.

229

Hadley

Points to I-84.

232

Hadley

Continues discussion of visual aid.

329

Chair Ringo

Asks witness to point out the city limits.

330

Hadley

Points out city limits.

331

Chair Ringo

Verifies that the urban growth boundary (UGB) is the darker line.

332

Hadley

Replies yes. Continues discussion of visual aid.

343

Chair Ringo

Believes that all of the things described by the witness are industrial and not commercial uses.

347

Hadley

Responds. Refers to map attached to submitted testimony.

368

Steve Watkinds

Citizen, Umatilla County. Testifies in support of HB 2458 A. Submits written testimony (EXHIBIT O).

TAPE 101, B

001

Watkinds

Continues testimony in support of HB 2458 A.

033

Chair Ringo

Asks for clarification of where Hermiston and Umatilla are on the map.

034

Hadley

Points out Umatilla and Hermiston on the map.

040

Watkinds

Continues testimony in support of HB 2458 A.

065

Bob Rindy

Department of Land Conservation and Development (DLCD). Testifies in opposition to HB 2458 A. Submits written testimony (EXHIBIT P).

103

Chair Ringo

Asks if witness has been involved in any discussions of what HB 2458 A might look like with amendments to address some of the mentioned concerns. Wonders if there is a way to help the people in Umatilla County that wouldn’t offend the witness as much.

110

Rindy

Discusses exceptions process.

118

John Van Landingham

Chair, Land Conservation and Development Commission. States that he did not originally intend to testify on HB 2458 A. Discusses the work group mentioned by Harlan Levy.

150

John Hummel

Bend City Councilor. Submits and reads written testimony in opposition to HB 2458 A (EXHIBIT Q). Discusses pending Wal-Mart application in Bend.

200

Sen. Beyer

Comments that witness said the commission is working too fast and has been asked to slow down. Points out that there has been testimony from members of the commission that say they don’t see anything happening. Asks witness to comment on the discrepancy.

205

Van Landingham

Points out these issues involve more than one interest group. Discusses interest groups involved in these issues. Comments on the last commission meeting.

216

Sen. Beyer

Asks witness to talk about the work group on this particular issue, not the UGB work group.

217

Van Landingham

Remarks the commission directed the staff to lead first with the UGB and periodic review work groups. States the work group on this particular issue was not directed to start until January, and has had three meetings since January. Discusses progress.

227

Chair Ringo

States that he would like to stop this discussion to allow those who came from a distance to testify.

235

Paul Tuttle

Realtor, Josephine County. Introduces himself.

240

Chair Ringo

Asks how this has impacted Josephine County.

242

Tuttle

Responds. Testifies in support of HB 2458 A.

268

Joann Hansen

Realtor, Coos County. States that all three commissioners have signed on in support of HB 2458 A. Testifies in support of HB 2458 A.

286

Chair Ringo

Asks if the mentioned people want to use the land for industrial or commercial purposes.

288

Hansen

Replies there are very limited industrial purpose properties. Explains those are the port properties.

291

Chair Ringo

Verifies that the people who would potentially come to use the port properties would be using them for industrial purposes.

294

Hansen

Replies yes. Adds there are also commercial properties available. States they are not the same properties, they are two different properties.

298

Chair Ringo

Asks about the kinds of commercial uses.

299

Hansen

Responds. Discusses the need for jobs.

314

Art Kegler

Citizen, Morrow County. Planning Commission, Morrow County. Chair, Legislative Committee for OAR. President Elect, OAR. Provides an example of a commercial situation.

370

Chair Ringo

Believes that situation could be fixed in legislation.

372

Kegler

Believes that would work. Comments that he was sharing the Chair of the Port of Morrow’s objections to supersiting. Discusses impact of addition of jobs in Morrow County.

388

Chair Ringo

Comments that he remembers the mentioned conversation. States he would have supported supersiting. Acknowledges that the land use system is a one-size fits all situation and it is difficult to make exceptions. Believes these are the types of situations that the state of Oregon should attempt to facilitate. States that Sen. Beyer needs to leave and that he also needs to leave.

TAPE 102, A

001

Kegler

Makes closing remarks.

015

Chair Ringo

States that all of the bills that were not able to be heard will be rolled over until the next meeting on Tuesday, 05/31/2005 at 8:00 a.m.

020

Jim Welsh

Central Oregon Coast Board of Realtors. Discusses issues relevant to the Oregon coast. Submits written testimony in support of HB 2458 A (EXHIBIT R).

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

 

Elon Hasson

1000 Friends of Oregon. Submits written testimony in opposition to HB 2458 A (EXHIBIT S).

 

Stephen Kafoury

Oregon Chapter, American Planning Association. Submits written testimony in opposition to HB 2458 A (EXHIBIT T).

062

Vice-Chair Atkinson

Makes comments. Closes public hearing on HB 2458 A and adjourns meeting at 10:08 a.m.

 

 

EXHIBIT SUMMARY

 

A.     HB 2458 A, written testimony, Sen. David Nelson, 1 p

B.     SB 532, -6 amendments, Martin Taylor, 4 pp

C.     HB 2926, written testimony, John McDonald, 1 p

D.    HB 2927 A, written testimony, John McDonald, 1 p

E.     HB 2881, -2 amendments, staff, 1 p

F.      HB 2881, -3 amendments, Sen. Roger Beyer, 1 p

G.    HB 2722, -1 amendments, staff, 1 p

H.    HB 2722, -2 amendments, staff, 1 p

I.       HB 2722, incorporation guide, Linda Ludwig, 45 pp

J.      HB 2722, resolution, Ken Henschel, 2 pp

K.    HB 2458 A, -A3 amendments, staff, 1 p

L.     HB 2458 A, written testimony, Harlan Levy, 16 pp

M.  HB 2458 A, written testimony, Dennis Doherty, 6 pp

N.    HB 2458 A, written testimony, David Hadley, 3 pp

O.    HB 2458 A, written testimony, Steve Watkinds, 3 pp

P.      HB 2458 A, written testimony, Bob Rindy, 3 pp

Q.    HB 2458 A, written testimony, John Hummel, 1 p

R.    HB 2458 A, written testimony, Jim Welsh, 2 pp

S.      HB 2458 A, written testimony, Elon Hasson, 2 pp

T.     HB 2458 A, written testimony, Stephen Kafoury, 1 p