71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2172
LC 396/HB 2172-2
HOUSE AMENDMENTS TO
HOUSE BILL 2172
By COMMITTEE ON GOVERNMENT EFFICIENCY
April 11
On page 1 of the printed bill, delete lines 4 through 30 and
delete page 2 and insert:
' { + SECTION 1. + } { + The Legislative Assembly finds and
declares that:
' (1) People with disabilities and senior citizens over 85
years of age are the fastest growing population in Oregon. The
second fastest growing population in Oregon are the members of
the massive baby-boom generation, who will, as they age, demand
services and accommodations at an unprecedented rate.
' (2) The policy of the state is to encourage the design and
construction of dwellings that enable easy access by individuals
with mobility impairment and that are adaptable to allow
continued use by aging occupants. + }
' { + SECTION 2. + } { + As used in sections 3 to 8 of this
2001 Act:
' (1) 'Accessible' means capable of being approached, entered
and used by individuals with mobility impairments.
' (2) 'Adaptability' means design features constructed in
accordance with the purposes of the federal Fair Housing
Amendments Act of 1988, 42 U.S.C. 3601 et seq. as amended and in
effect on the effective date of this 2001 Act.
' (3) 'Common spaces' means the living room, dining room and
bathrooms of a housing unit.
' (4) 'Housing unit' has the meaning given that term in ORS
456.055.
' (5) 'New housing' means a structure that did not previously
exist in residential or nonresidential form, constructed on-site
and consisting of one or more permanent housing units.
' (6) 'Public entity' means a state agency or department, city,
county or other subdivision of the state, municipal corporation
or public corporation. + }
' { + SECTION 3. + } { + A developer constructing new
housing shall ensure that each housing unit is constructed, if
feasible, in accordance with the guidelines established by
sections 4 and 5 of this 2001 Act if the housing:
' (1) Is constructed for acquisition, lease or operation as
mixed income housing or housing for a person of lower income,
family of lower income, person of very low income or family of
very low income, all as defined in ORS 456.055;
' (2) Contains three or fewer housing units; and
' (3) Is financed or otherwise assisted by any of the following
means:
' (a) Bonds issued under ORS 456.175;
' (b) Bond anticipation notes issued under ORS 456.202;
' (c) Bond purchases and investments made under ORS 456.315
(7);
' (d) Bonds issued under ORS 456.519;
' (e) Fund advancements provided through the Elderly and
Disabled Housing Fund established under ORS 456.535; or
' (f) Advances made under ORS 456.559 (1)(c) or 456.710. + }
' { + SECTION 4. + } { + Guidelines for new housing
described in section 3 of this 2001 Act must, at a minimum,
include the following:
' (1) At least one accessible entrance. The accessible entrance
may be located at the front, side or back of the housing unit,
provided that the accessible entrance is served by a garage,
sidewalk, step-free entrance or other accessible route.
' (2) A minimum unobstructed opening of at least 32 inches for
interior doors located in the common spaces on the first floor of
the housing unit.
' (3) A minimum width of 36 inches for hallways and passageways
on the first floor of the housing unit adjacent to the common
spaces, with ramped or beveled changes at door thresholds.
' (4) At least one bathroom on the first floor that allows for
an individual in a wheelchair to maneuver within the space. + }
' { + SECTION 5. + } { + The adaptability guidelines
applicable to housing described in the federal Fair Housing
Amendments Act of 1988, 42 U.S.C. 3601 et seq. as amended and in
effect on the effective date of this 2001 Act, are also
applicable to new housing described in section 3 of this 2001
Act. + }
' { + SECTION 6. + } { + In determining the feasibility of
incorporating the guidelines established by sections 4 and 5 of
this 2001 Act into new housing described in section 3 of this
2001 Act, public entities may consider factors affecting costs,
including but not limited to:
' (1) The topography at the construction site;
' (2) The reduction in the number of units that can be provided
if guidelines are followed;
' (3) Impact of water runoff requirements or other provisions
relating to environmental concerns;
' (4) Community design standards; and
' (5) Undue costs or hardship in complying. + }
' { + SECTION 7. + } { + Public entities may, when awarding
funding for affordable housing, give preferential consideration
to developers and contractors that incorporate guidelines
established by sections 4 and 5 of this 2001 Act into plans for
the construction of new housing described in section 3 of this
2001 Act. + }
' { + SECTION 8. + } { + (1) Public entities shall
biennially report to an appropriate interim committee of the
Legislative Assembly on or before February 1 of even-numbered
years concerning housing financed or otherwise assisted by
sources described under section 3 of this 2001 Act. A report must
contain the following:
' (a) The number of contracts signed for the construction of
new housing described in section 3 of this 2001 Act;
' (b) The number of housing units represented by contracts
described in paragraph (a) of this subsection;
' (c) The number of new housing units meeting guidelines
established by section 4 of this 2001 Act;
' (d) The number of new housing units meeting guidelines
established by section 5 of this 2001 Act; and
' (e) The number of new housing units that do not meet
guidelines established by section 4 or 5 of this 2001 Act due to
feasibility factors described in section 6 of this 2001 Act.
' (2) A report submitted under subsection (1) of this section
may also contain information on new housing units that meet
guidelines described in section 4 or 5 of this 2001 Act and that
were not financed or otherwise assisted by sources described in
section 3 of this 2001 Act.
' (3) A public entity is not required to submit a report under
subsection (1) of this section unless new housing described in
section 3 of this 2001 Act was constructed since the preceding
report. + }
' { + SECTION 9. + } { + Sections 3 to 8 of this 2001 Act do
not apply to housing that is subject to federal standards
developed under 42 U.S.C. 4153. + } ' .
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