SENATE COMMITTEE ON ENVIRONMENT & LAND USE

 

 

May 31, 2005                                                                                                       Hearing Room 343

8:00 A.M.                                                                                                                 Tapes 103 - 104

Corrected 10/18/05

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

Katie Lowry, Committee Assistant

 

MEASURES/ISSUES HEARD:        

HB 3081A – Public Hearing and Work Session

HB 3349 – Public Hearing

HB 3461 – Public Hearing and Work Session

SB 527 – Work Session

SB 699 – Work Session

HB 3310A – Public Hearing
HB 2875 –Public Hearing

HB 3313A – Work Session

SB 1032 – Work Session

HB 2755A – Work Session

HB 2258 – Public Hearing and Work Session

HB 2577A – Reconsideration and 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 103, A

005

Chair Ringo

Calls meeting to order at 8:02 a.m. Makes opening announcements regarding today’s agenda. Opens public hearing on HB 3081A.

HB 3081A – PUBLIC HEARING

017

Rep. Patti Smith

House District 52. Explains HB 3081A.

029

Sen. Rick Metsger

Senate District 26. Testifies in support of HB 3081A.

037

Tom Newberry

Resident, Gresham. Explains HB 3081A. Relates personal experience. Submits written testimony in support of HB 3081A (EXHIBIT A).

060

Chair Ringo

Makes comments on testimony.

062

Leslie Newberry

Resident, Gresham. States this has been an ongoing process for the last two years.

068

Chair Ringo

Introduces Chris Crean. Asks if Mr. Crean would like to add anything.

069

Chris Crean

Committee Counsel. Believes the Newberrys gave a succinct history and definition of the problem. Believes this legislation will solve the Newberry’s problem in the immediate future, however there is a bigger problem that needs attention during the interim.

074

Art Schlack

Association of Oregon Counties. Testifies in support of HB 3081A.

092

Chair Ringo

Closes public hearing on HB 3081A and opens work session on HB 3081A.

HB 3081A – WORK SESSION

095

Sen. Shields

MOTION:  Moves HB 3081A to the floor with a DO PASS recommendation.

097

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. METSGER will lead discussion on the floor.

099

Chair Ringo

Closes work session on HB 3081A and opens public hearing on HB 3349.

HB 3349 – PUBLIC HEARING

 

Matt Shields

Committee Administrator. Submits the -6 amendments (EXHIBIT B) and the -7 amendments (EXHIBIT C) to HB 3349.

101

Sen. Ben Westlund

Senate District 27. Testifies in support of HB 3349 with amendments.

126

Chair Ringo

Verifies that Sen. Westlund is referring to the -6 amendments.

128

Sen. Westlund

Defers to Don Schellenberg.

129

Don Schellenberg

Oregon Farm Bureau. States there are -6 amendments and -7 amendments. Remarks Sen. Westlund was referring to the -6 amendments. Explains the difference between the -6 and the -7 amendments. States support for the -7 amendments.

138

Sen. Beyer

Wonders if witness wants the amendments that replace the original bill to be adopted.

141

Schellenberg

Replies yes and explains.

148

Sen. Westlund

Expresses support for the -7 amendments.

150

Sen. Beyer

Wonders why Mr. Schellenberg wants to gut and stuff his own bill.

154

Schellenberg

Explains support for the -7 amendments.

164

Sen. Beyer

Verifies that it was acceptable in the House.

166

Schellenberg

Responds.

178

Chair Ringo

Mentions additional amendments.

179

Matt Minahan

Lobbyist, Oregon Pyrotechnics Association (OPA). Submits and explains the -1 amendments (EXHIBIT D).

200

Chair Ringo

Asks who will be in opposition to this amendment.

202

Minahan

Believes there is some opposition in the House.

208

Chair Ringo

Asks if that is to protect one establishment.

210

Minahan

Discusses SB 667 (2003).

218

Chair Ringo

States that the bill will not be moved today.

221

Chair Ringo

Closes public hearing on HB 3349 and opens public hearing on HB 3461.

HB 3461 – PUBLIC HEARING

230

Dave Nelson

Executive Secretary, Oregon Seed Council. Testifies in support of HB 3461. Submits written testimony (EXHIBIT E).

271

Brent Searle

Special Assistant to the Director, Oregon Department of Agriculture. Offers to answer questions. Submits written testimony (EXHIBIT F).

283

Mike Hayes

Vice-President, Oregon Seed Council. Seed Grower, Lebanon and Albany. Testifies in support of HB 3461.

289

Eric Bowers

Annual Rye Grass Grower, Harrisburg. Past President of the Oregon Seed Council. Concurs with previous witnesses. Believes HB 3461 will help stabilize the market.

309

Chair Ringo

Closes public hearing and opens work session on HB 3461.

HB 3461 – WORK SESSION

315

Sen. Beyer

MOTION:  Moves HB 3461 to the floor with a DO PASS recommendation.

318

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

323

Chair Ringo

Closes work session on HB 3461 and opens work session on SB 527.

SB 527 – WORK SESSION

 

Matt Shields

Committee Administrator. Submits the -6 amendments to SB 527 (EXHIBIT G).

338

Sen. Doug Whitsett

Senate District 28. Discusses SB 527 with the -6 amendments.

375

Chair Ringo

Refers to page 4 of SB 527 regarding arbitration. Asks about standards the arbitrator would apply.

382

Sen. Bill Morisette

Senate District 6. Discusses standards for arbitration. Discusses cost and timeline of recent Klamath County court case heard at the Supreme Court.

408

Chair Ringo

Wonders if the arbitrator would say the energy facility could move forward if it meets the state wide planning goals. Wonders what findings the arbitrator would make to help the arbitrator decide whether or not the siting should go forward.

TAPE 104, A

005

Sen. Morisette

Replies the findings would be presented by both sides. Explains the side that has local jurisdiction would site land use restrictions, including seismic, water rights, farmland and other statutory restrictions in land use. Explains the siting council would then present their case that they have the right, under the statute, to ignore these restrictions. States the arbitrator would then make a decision based on the presentation of both sides.

015

Chair Ringo

Asks what legal standard the decision would be based on.

017

Sen. Morisette

Replies based on land use standards of the state of Oregon as opposed to the authority of the siting council to overlook the land use standards.

025

Lisa Arkin

Resident, Eugene. Suggests that the answer to Chair Ringo’s question can be found on page three of the -6 amendments. Explains in detail.

036

Sen. Shields

Asks if witnesses have talked to the other members of the committee who are not present.

039

Sen. Morisette

Replies yes.

040

Sen. Shields

Asks if the other members have favorable opinions of the bill.

041

Sen. Morisette

Replies yes.

043

Sen. Beyer

Asks what social and energy consequences are.

044

Sen. Morisette

Asks for clarification.

045

Sen. Beyer

Asks what is meant by social and energy consequences.

050

Sen. Morisette

Explains social consequences.

072

Sen. Whitsett

Discusses recent Supreme Court hearing. Discusses social and energy consequences.

105

Chair Ringo

Asks if the Department of Energy has changed their position on this bill since the previous hearing.

106

Sen. Whitsett

Explains that to his knowledge they have not.

107

Sen. Beyer

Responds to Sen. Whitsett’s explanation. Believes that social consequences are subjective.

125

Sen. Whitsett

Replies that is why the bill has created a mandatory arbitration process.

136

Chair Ringo

Reiterates question regarding the standards for arbitration. Believes the standards need to be specified. States that SB 527 will be held over until Thursday, 06/02/05. Closes work session on SB 527.

145

Sen. Morisette

Emphasizes cost and timeline of recent Supreme Court case.

154

Chair Ringo

Reiterates question regarding standards for arbitration.

158

Sen. Beyer

Points out that Sen. Whitsett said the Supreme Court would still be available after arbitration.

161

Sen. Whitsett

Replies yes.

162

Sen. Beyer

States that cost and time would still be an issue if they do not agree with the arbitration.

164

Sen. Whitsett

Responds.

180

Chair Ringo

Makes comments. States that SB 527 will be held over until Thursday, 06/02/05.

183

Chair Ringo

Closes work session on SB 527 and opens work session on SB 699.

SB 699 – WORK SESSION

 

Matt Shields

Committee Administrator. Submits the -1 amendments to SB 699 (EXHIBIT H).

195

Ralph Saperstein

Boise Cascade. Asks for clarification on the question.

201

Chair Ringo

Explains the committee had a hearing on SB 699 previously. Verifies that witness wants the committee to adopt the -1 amendments.

202

Saperstein

Explains the original bill was broader and the -1 amendments only apply to Jackson County.

203

Chair Ringo

Asks witness to repeat answer.

204

Saperstein

Reiterates the -1 amendments apply only to Jackson County.

205

Chair Ringo

Verifies the -1 amendments narrow the scope of the bill.

206

Saperstein

Confirms this. States support for the -1 amendments.

207

Sen. Beyer

MOTION:  Moves to ADOPT SB 699-1 amendments dated 03/28/05.

208

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

211

Sen. Beyer

MOTION:  Moves SB 699 to the floor with a DO PASS AS AMENDED recommendation.

215

 

VOTE:  3-0-2

EXCUSED:  2 - Atkinson, Burdick

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

218

Chair Ringo

Closes work session on SB 699 and opens public hearing on HB 3310A.

HB 3310A – PUBLIC HEARING

 

Matt Shields

Committee Administrator. Submits the –A4 amendments (EXHIBIT I) and the –A5 amendments (EXHIBIT J) to HB 3310A.

232

Rob Hallyburton

Department of Land Conservation and Development. Provides an overview of HB 3310A.

278

Linda Ludwig

League of Oregon Cities. Submits report titled “Report to the 2005 Legislature on the Effectiveness and Efficiency of the Process for Periodic Review of Local Comprehensive Land Use Plans” (EXHIBIT K).

283

Chair Ringo

Verifies that witness wants to adopt the –A5 amendments.

284

Ludwig

Explains the –A5 amendments.

289

Ludwig

Provides background information on periodic review reform. Discusses SB 920 (2003).

314

Ludwig

Discusses submitted report (EXHIBIT K).

326

Chair Ringo

Asks what page of the report the witness is referring to.

327

Ludwig

States she is referring to the Executive Summary portion of the report.

335

Ludwig

Continues discussion of submitted report.

387

John Chandler

Oregon Home Builders Association. Discusses the interim committee on Periodic Review. Explains HB 3310A. Explains the minority report included in the submitted report. States support for the –A5 amendments. States opposition to the –A4 amendments.

TAPE 103, B

018

Hallyburton

Discusses section 10 of HB 3310A. Mentions this is a replication of language in SB 431 (2005).

025

Art Schlack

Association of Oregon Counties (AOC). States the AOC was a part of the interim committee on periodic review. States support for HB 3310A with the –A5 amendments.

028

Sen. Beyer

Mentions minority report included in the submitted report (EXHIBIT K). Asks which three members disagreed with the committee recommendation.

034

Ludwig

Explains the disagreement.

038

Sen. Beyer

Understands the disagreement. Wonders which three members of the committee issued the minority report.

039

Ludwig

Believes it was issued by Ed Sullivan, Sid Freeman, and Becky Steckler.

047

Sen. Burdick

Asks for the names again.

049

Ludwig

Replies. Explains it was Mr. Sullivan who wrote the minority report.

052

Chair Ringo

Discuses the –A4 amendments. States that HB 3310A will be carried over to Thursday, 06/02/05.

059

Chair Ringo

Closes public hearing on HB 3310A and opens public hearing on HB 2875.

HB 2875 – PUBLIC HEARING

067

Kristina McNitt

Oregon Water Resources Congress. Submits and reads written testimony in support of HB 2875 (EXHIBIT L).

104

Jerry Bryan

Farmers Irrigation District, Hood River. Relates personal experience.

127

Sen. Shields

Asks how far witness moved the point of diversion to resolve the emergency.

128

Bryan

Responds.

132

Sen. Shields

Asks if witness had to build extra canal. Asks how it was done.

135

Bryan

Responds.

155

Doug Myers

WaterWatch. Submits and reads written testimony regarding HB 2875 (EXHIBIT M).

173

Chair Ringo

Asks if the proponents of the bill are going to say that it is not practical to create more hurdles because of the emergency nature of the situation.

176

Myers

Believes that to be true.

177

Chair Ringo

Asks why that wouldn’t be a good argument.

178

Myers

Discusses the importance of fish passage, bypass and screens. Believes the Oregon Department of Fish and Wildlife (ODFW) should be in charge of making that decision.

186

Sen. Shields

Asks what the consequence would have been in Hood River had this law been in effect.

188

Myers

Explains.

191

Adam Sussman

Water Resources Department. Testifies in support of HB 2875 as drafted. Explains that ODFW is comfortable with the bill as drafted. Submits written testimony (EXHIBIT N).

218

Chair Ringo

Asks if there is anyone from the ODFW here who would like to testify.

223

Russ Sock

Legislative Liaison, ODFW. States support for HB 2875 as drafted. Believes Mr. Sussman’s testimony characterized their relationship in requiring both screening and passage.

229

Sen. Shields

Asks what the amendments proposed by Mr. Myers would do. Asks if there are any concerns regarding them.

230

Sussman

Discusses concerns with proposed amendments.

244

Chair Ringo

Closes public hearing on HB 2875 and opens work session on HB 3313A.

HB 3313A – WORK SESSION

255

Kathleen Worman

Resident, Saint Helens. Provides an overview of HB 3313A.

264

Chair Ringo

Verifies there is no known opposition.

265

Worman

States that Multnomah County has not expressed any opposition.

268

Chris Crean

Committee Counsel. Makes comment.

270

Worman

States HB 3313A passed the House Land Use Committee and the House floor unanimously.

275

Sen. Atkinson

MOTION:  Moves HB 3313A to the floor with a DO PASS recommendation.

276

 

VOTE:  5-0-0

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

283

Sen. Beyer

Points out that Chair Ringo was concerned about the change in language which changed “or” to “and”. Asks for clarification.

284

Chair Ringo

States he decided it was a technical issue.

285

Crean

Believes it to be a distinction without a difference. Explains land use regulations have to be consistent with the comprehensive plan. Explains if something is inconsistent with one it would necessarily be inconsistent with the other, and consequently the conjunction should be “and” instead of “or”.

292

Chair Ringo

Closes work session on HB 3313A and opens work session on SB 1032.

SB 1032 – WORK SESSION

 

Matt Shields

Submits the -1 amendments to SB 1032 (EXHIBIT O).

300

Gary Conkling

Beaverton School District. Provides an overview of SB 1032. Explains the -1 amendments.

337

Randy Tucker

Legislative Affairs Director, Metro. Discusses the -1 amendments.

354

Chair Ringo

Wonders if SB 1032 will facilitate Metro addressing the problem of high growth school districts not finding land for schools.

360

Tucker

Believes it will.

361

Chair Ringo

Comments it is not as heavy-handed as the original version.

362

Tucker

Agrees. Explains SB 1032 with the -1 amendments is much more acceptable to Metro. Discusses work done on SB 1032 and the -1 amendments.

372

Sen. Burdick

Believes it is currently a conditional approval to get a school built outside the urban growth boundary (UGB) under existing law. Asks how this process would differ.

378

Tucker

Explains a school built outside the UGB is required to serve the rural community outside the UGB. Explains a school built to serve the urban community needs to be inside the UGB or the UGB has to be expanded. Explains SB 1032 would facilitate the process of expanding the UGB for a school district that has that need.

388

Sen. Burdick

States she wasn’t aware that the school conditional use outside the UGB was limited to rural populations.

392

Tucker

States that is his understanding. Explains he does not know of any cases of schools serving urban populations located outside the UGB. Discusses previous expansion of the UGB done by Metro.

TAPE 104, B

007

Sen. Burdick

MOTION:  Moves to ADOPT SB 1032-1 amendments dated 05/24/05.

009

 

VOTE:  4-0-1

EXCUSED:  1 - Beyer

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

010

Sen. Burdick

MOTION:  Moves SB 1032 to the floor with a DO PASS AS AMENDED recommendation.

015

 

VOTE:  3-2-0

AYE:               3 - Burdick, Shields, Ringo

NAY:               2 - Atkinson, Beyer

 

Chair Ringo

The motion CARRIES.

SEN. RINGO will lead discussion on the floor.

026

Chair Ringo

Closes work session on SB 1032 and opens work session on HB 2755A.

HB 2755A – WORK SESSION

027

Matt Shields

Committee Administrator. Provides an overview of HB 2755A. Submits and explains the –A4 amendments (EXHIBIT P). Submits and explains the –A5 amendments which are amendments to resolve conflicts with HB 2356 (EXHIBIT Q).

044

Chair Ringo

Asks if the –A5 amendments also include the –A4 amendments.

045

Shields

Replies no. Believes the committee will need to adopt both sets of amendments.

047

Tom Gallagher

Professional Land Surveyors of Oregon. States the committee needs to adopt the –A4 and the –A5 amendments.

054

Sen. Atkinson

MOTION:  Moves to ADOPT HB 2755-A4 amendments dated 05/23/05.

056

 

VOTE:  5-0-0

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

058

Sen. Atkinson

MOTION:  Moves to ADOPT HB 2755-A5 amendments dated 05/25/05.

059

 

VOTE:  5-0-0

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

060

Sen. Atkinson

MOTION:  Moves HB 2755A to the floor with a DO PASS AS AMENDED recommendation.

061

 

VOTE:  5-0-0

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. ATKINSON will lead discussion on the floor.

064

Chair Ringo

Closes work session on HB 2755A and opens public hearing on HB 2258.

HB 2258 – PUBLIC HEARING

065

Matt Shields

Committee Administrator. Provides an overview of HB 2258.

080

Chair Ringo

Asks if committee would like to hear from Legislative Counsel on HB 2258.

084

Chair Ringo

Closes public hearing on HB 2258 and opens work session on HB 2258.

HB 2258 – WORK SESSION

090

Sen. Atkinson

MOTION:  Moves HB 2258 to the floor with a DO PASS recommendation.

092

 

VOTE:  5-0-0

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. BEYER will lead discussion on the floor.

092

Chair Ringo

Closes work session on HB 2258 and opens work session on HB 2577A for possible reconsideration.

HB 2577A – RECONSIDERATION AND WORK SESSION

094

Matt Shields

Committee Administrator. Submits and explains the –A2 amendments to HB 2577A (EXHIBIT R).

104

Chair Ringo

Verifies the amendment was suggested by Rep. Kropf.

105

Shields

Confirms this.

106

Chair Ringo

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on by which HB 2577A was moved to the floor with a DO PASS recommendation.

107

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

112

Sen. Ringo

MOTION:  Moves to ADOPT HB 2577-A2 amendments dated 05/06/05.

113

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

115

Sen. Ringo

MOTION:  Moves HB 2577A to the floor with a DO PASS AS AMENDED recommendation.

120

 

VOTE:  4-0-1

EXCUSED:  1 - Shields

 

Chair Ringo

Hearing no objection, declares the motion CARRIED.

SEN. RINGO will lead discussion on the floor.

121

Chair Ringo

Asks staff to list the bills that will be carried over to the agenda on Thursday, 06/02/05.

124

Shields

Lists SB 1061, HB 2729A, SB 527, HB 2722, HB 2875, HB 3310A, and HB 3349.

130

Chair Ringo

Closes work session on HB 2577A and adjourns meeting at 9:35 a.m.

 

 

EXHIBIT SUMMARY

 

A.     HB 3081A, written testimony, Tom Newberry, 7 pp

B.     HB 3349, -6 amendments, staff, 10 pp

C.     HB 3349, -7 amendments, staff, 11 pp

D.    HB 3349, -1 amendments, Matt Minahan, 35 pp

E.     HB 3461, written testimony, Dave Nelson, 2 pp

F.      HB 3461, written testimony, Brent Searle, 2 pp

G.    SB 527, -6 amendments, staff, 13 pp

H.    SB 699, -1 amendments, staff, 3 pp

I.       HB 3310A, -A4 amendments, staff, 2 pp

J.      HB 3310A, -A5 amendments, staff, 1 p

K.    HB 3310A, report, Linda Ludwig, 67 pp

L.     HB 2875, written testimony, Kristina McNitt, 1 p

M.  HB 2875, written testimony, Doug Myers, 3 pp

N.    HB 2875, written testimony, Adam Sussman, 1 p

O.    SB 1032, -1 amendments, staff, 2 pp

P.      HB 2755A, -A4 amendments, staff, 1 p

Q.    HB 2755A, -A5 amendments, staff, 6 pp

R.    HB 2577A, -A2 amendments, staff, 1 p