71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 2270
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor John A. Kitzhaber,
M.D., for State Parks and Recreation Department)
CHAPTER ................
AN ACT
Relating to historic property; creating new provisions; amending
ORS 197.772, 310.160, 310.165, 311.280, 358.475, 358.480,
358.482, 358.487, 358.490, 358.495, 358.499, 358.505, 358.509,
358.511, 358.515, 358.525, 358.528, 358.535, 358.540, 358.543,
358.545, 358.565, 447.145 and 527.710; repealing ORS 358.485
and 358.507; and appropriating money.
Be It Enacted by the People of the State of Oregon:
{ +
HISTORIC PRESERVATION POLICY + }
SECTION 1. ORS 358.475 is amended to read:
358.475. The Legislative Assembly hereby declares that it is in
the best interest of the state to maintain, preserve and
rehabilitate properties of Oregon historical significance.
{ - Special assessment provides - } { + Historic preservation
incentive programs provide a + } public benefit by encouraging
preservation and appropriate rehabilitation of significant
historic properties. These historically significant portions of
the built environment contain the visual and intellectual record
of our irreplaceable cultural heritage. They link us with our
past traditions and values, establish standards and perspectives
for measuring our present achievements and set goals for future
accomplishments. To the extent that Oregon's { - special
assessment program encourages - } { + historic preservation
incentive programs encourage + } the preservation and appropriate
rehabilitation of significant historical property, { - it
creates - } { + the programs create + } a positive partnership
between the public good and private property that promotes
economic development; tourism; energy and resource conservation;
neighborhood, downtown and rural revitalization; efficient use of
public infrastructure; and civic pride in our shared historical
and cultural foundations.
{ +
HISTORIC PROPERTY SPECIAL ASSESSMENT + }
SECTION 2. ORS 358.480 is amended to read:
358.480. As used in ORS { - 358.475 - } { + 358.480 + } to
358.545, unless the context requires otherwise:
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(1) 'Governing body' means the city or county legislative body
having jurisdiction over the property for which a limited
assessment may be applied for under ORS { - 358.475 - }
{ + 358.480 + } to 358.545.
{ - (2) 'Historic property' means real property that is
currently listed in the National Register of Historic Places,
established and maintained under the National Historic
Preservation Act of 1966 (P.L. 89-665) or if the National
Register of Historic Places ceases accepting nominations, the
property is approved for listing on an Oregon register of
historic places, that is open to the public for sight-seeing at
least one day in each calendar year in accordance with rules
adopted by the State Historic Preservation Officer and that meets
the minimum standards of maintenance established by rule of the
State Historic Preservation Officer. - }
{ + (2) 'Historic property' means real property that:
(a) Is currently listed in the National Register of Historic
Places established and maintained under the National Historic
Preservation Act of 1966 (P.L. 89-665) or, if the National
Register of Historic Places ceases accepting nominations, that is
approved for listing on an Oregon register of historic places;
(b) Is open to the public for sight-seeing at least one day in
each calendar year in accordance with rules adopted by the State
Historic Preservation Officer; and
(c) Meets the minimum standards of maintenance established by
rule of the State Historic Preservation Officer.
(3) 'Maintenance' means action taken to mitigate wear and
deterioration of a historic property without altering the
historic character of the property, including action taken to
protect and repair the condition of the property with the least
possible impact on the historic character of the property. + }
{ - (3) - } { + (4) + } 'Owner' includes a purchaser under
{ + a + } recorded instrument of sale.
{ + (5) 'Preservation: '
(a) Means the act or process of applying measures necessary to
sustain the existing form, integrity and materials of a historic
property, including but not limited to the ongoing maintenance
and repair of historic materials.
(b) Does not include the extensive replacement of historic
materials or new construction.
(6) 'Rehabilitation' means the process of repairing or altering
a historic property in order to return the property to a state of
utility in which an efficient contemporary use is possible, while
preserving those portions and features of the property that are
significant to the historic, architectural and cultural values of
the property. + }
SECTION 3. ORS 358.482 is amended to read:
358.482. (1) As used in ORS { - 358.475 - } { + 358.480 + }
to 358.545:
(a) 'Americans with Disabilities Act' means the Americans with
Disabilities Act of 1990 (P.L. 101-336), as amended.
(b) 'Commercial property' means real property used in a trade
or business or held for the production of income, including
multifamily residential rental property.
{ - (c) 'Historic property' has the meaning given the term in
ORS 358.480 but does not include tertiary property. - }
{ - (d) - } { + (c) + } 'Preservation plan' means a written
{ + preservation, maintenance and + } rehabilitation proposal
submitted by the owner with the application for classification
and special assessment as historic property { - , as approved
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and - } { + that has been approved by the State Historic
Preservation Officer, or + }as { - it may from time to time
be - } amended and reapproved { + by the State Historic
Preservation Officer + }, { + and + } that is in compliance with
standards and guidelines for rehabilitation and rules adopted by
the State Historic Preservation Officer.
{ - (e) - } { + (d) + } 'Renovation plan' means a written
proposal submitted by an owner of commercial property in
connection with a reapplication for special assessment pursuant
to ORS 358.540 (3) that is in compliance with rules adopted by
the State Historic Preservation Officer for the submission and
content of renovation plans.
{ - (f) - } { + (e) + } 'Review committee' means the
Historic Assessment Review Committee established under ORS
358.511.
{ - (g) - } { + (f) + } 'Seismic improvement' means
construction or other measures that improve the seismic
performance or structural stability of property, or that reduce
the potential for heavy structural damage to property in the
event of an earthquake.
{ - (h) - } { + (g) + } 'Standards and guidelines for
rehabilitation ' means the standards and guidelines, based on
those developed by the United States Secretary of the Interior,
adopted by the State Historic Preservation Officer to determine
sufficiency of preservation plans, maintenance, alteration and
construction for a specific property.
{ - (i) 'Tertiary property' means any property that does not
have a primary contributing, secondary contributing, historic
noncontributing or noncontributing ranking in a National Register
Historic District or similar property described as tertiary under
rules adopted by the State Historic Preservation Officer. - }
(2) Except as otherwise specifically provided, the definitions
contained in this section apply to property first classified and
assessed as historic property on or after July 1, 1996.
SECTION 4. ORS 358.487 is amended to read:
358.487. (1)(a) { - Except as provided under paragraph (b) of
this subsection, on or before April 1 of an assessment year, - }
An owner of historic property desiring classification and special
assessment under ORS { - 358.475 - } { + 358.480 + } to
358.545 for the property may make application for the
classification and special assessment to the State Historic
Preservation Officer on forms approved by the State Historic
Preservation Officer. The forms shall include or be accompanied
by the written consent of the owner to the viewing of the
property by the State Historic Preservation Officer
{ - and by the Historic Assessment Review Committee - } . Any
application made under this { - paragraph - }
{ + subsection + } shall include a preservation plan and be sent
by the State Historic Preservation Officer to the appropriate
county assessor, local landmark commission and governing
body. { + An application must be made during the calendar year
preceding the first property tax year for which classification
and special assessment as historic property is desired.
(b) + } Classification and special assessment pursuant to an
application made under this { - paragraph - } { +
subsection + } shall be granted only for { - the tax year
beginning in the calendar year in which the application is made
and for the 14 tax years immediately following - } { + 15
consecutive property tax years, commencing in the tax year
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beginning on the July 1 following the calendar year in which the
application was made + }.
{ - (b) If the property for which the owner desires
classification and special assessment as historic property is
acquired after March 1 and before July 1 of the first year for
which classification and special assessment are desired, the
application required under paragraph (a) of this subsection may
be made within 30 days after the date of acquisition. - }
(2) An owner may make preliminary application for
classification of property as historic upon approval by the State
Advisory Committee on Historic Preservation of the nomination of
the property for listing on the National Register of Historic
Places or, if the National Register of Historic Places ceases
accepting nominations, the nomination of the property for listing
on an Oregon register of historic places. The preliminary
application shall be considered an application made or received
for purposes of subsection (1) of this section, ORS 358.490 or
358.495 or other law, if the property is actually listed in the
National Register of Historic Places or, if the National Register
of Historic Places ceases accepting nominations, the property is
approved for listing on an Oregon register of historic places by
September 15 of the year for which classification and special
assessment are first desired. If the property is not listed on
the National Register of Historic Places or, if the National
Register of Historic Places ceases accepting nominations, the
property is not approved for listing on an Oregon register of
historic places by September 15 of the year for which
classification and special assessment are first desired, then the
preliminary application shall be considered an application made
or received for purposes of subsection (1) of this section, ORS
358.490 or 358.495 or other law, for the tax year next beginning
after the date the property is actually listed.
(3) Immediately upon receipt of a copy of the application under
subsection (1) of this section, the county assessor shall review
the application for accuracy and completeness of description and
other matters within the expertise of the county assessor and
shall make recommendations regarding the classification to the
State Historic Preservation Officer.
(4) Immediately upon receipt of a copy of the application under
subsection (1) of this section, the governing body shall review
the application for matters relating to public benefit and shall
make recommendations regarding the classification to the State
Historic Preservation Officer.
(5) By making application for classification and assessment
under this section, the owner consents that the State Historic
Preservation Officer has access to the property for inspection at
reasonable times to ensure that the terms of the national
register or other federal or state laws or requirements are being
met.
(6) The application for classification and assessment under ORS
{ - 358.475 - } { + 358.480 + } to 358.545 { - shall - }
{ + may + } not be processed unless accompanied by a
nonrefundable fee of { - one-fifth of one - } { + one-third
of one + } percent of the real market value of the property for
the year in which application is made. The fee shall be deposited
in the State Parks and Recreation Department Fund for use by the
State Parks and Recreation Director or for transfer to the Oregon
Property Management Account established under ORS 358.680 to
358.690, upon the advice of the State Advisory Committee on
Historic Preservation.
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SECTION 5. ORS 358.490 is amended to read:
358.490. (1) After an application is filed under ORS 358.487,
the { - Historic Assessment Review Committee - } { + State
Historic Preservation Officer + } shall review the application
and may view the premises. { - Within 30 days of receipt of a
complete application, the review committee - } { + After
determining that the application is complete, the State Historic
Preservation Officer + } shall approve, approve with conditions
or deny the application. The { - review committee shall - }
{ + State Historic Preservation Officer may + } not disapprove
the application solely because of the potential loss of revenue
that may result from granting the application.
(2) During the review process of each application { + , + }
{ - : - }
{ - (a) - } the State Historic Preservation Officer
{ - and the review committee - } shall consider the county
assessor's and governing body's recommendations submitted under
ORS 358.487 (3) and (4) { - ; and - }
{ - (b) The review committee shall consider the State
Historic Preservation Officer's evaluation of the preservation
plan - } .
(3) The { - review committee - } { + State Historic
Preservation Officer + } may approve the application with respect
to only part of the property { - which - } { + that + } is
the subject of the application. However, if any part of the
application is denied, the applicant may withdraw the
application.
(4) A preservation plan { + that has been approved by the
State Historic Preservation Officer + } { - as approved by the
review committee as part of the application process - } may be
amended from time to time, either at the request of the owner or
at the request of the State Historic Preservation Officer { - ,
and - } { + . + } The amendments may be approved, approved in
part or disapproved by { - the review committee under rules
adopted by - } the State Historic Preservation Officer. To the
extent { + the amendments are + } approved { - by the review
committee - } , amendments shall become part of the preservation
plan
{ - which - } { + that + } must be carried out in order that
the property not be disqualified as historic property.
SECTION 6. ORS 358.495 is amended to read:
358.495. (1) Immediately following approval or disapproval of
an application under ORS 358.490, the State Historic Preservation
Officer shall notify the county assessor { + , the governing
body + } and the applicant which shall in no event be later than
September 15 of the { - assessment - } { + tax + } year for
which classification and special assessment are first desired. In
no event later than September 15 of the year for which
classification and special assessment are desired, the State
Historic Preservation Officer shall cause a copy of the
preservation plan approved under ORS 358.490 to be delivered or
mailed to the county assessor { + and the governing body + }.
An application not denied on or before September 15 shall be
deemed approved, and the property { - which - } { + that + }
is the subject of the application shall be considered to be
historic property
{ - which - } { + that + } qualifies under ORS
{ - 358.475 - } { + 358.480 + } to 358.545.
(2) { - When the Historic Assessment Review Committee - }
{ + If the State Historic Preservation Officer + } determines
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that the historic property qualifies under ORS { - 358.475 - }
{ + 358.480 + } to 358.545, the State Historic Preservation
Officer shall certify that fact in writing and shall file a copy
of the certificate with the county assessor { + and the
governing body + }. The certificate shall state the facts upon
which the approval { - or denial - } was based and list any
condition on which approval is based. The county assessor, as to
any { - such - } historic property, shall assess on the basis
provided in ORS 358.505, and each year the historic property is
classified and so assessed shall also enter on the assessment and
tax roll that the property is being specially assessed as
historic property and is subject to potential additional taxes as
provided in ORS 358.525 by adding the notation 'historic property
(potential additional tax). '
{ + (3) If the State Historic Preservation Officer determines
that the property does not qualify for classification and
assessment under ORS 358.480 to 358.545, the State Historic
Preservation Officer shall give written notice of the denial to
the applicant. The notice shall state the reasons for the
denial. + }
{ - (3) - } { + (4)(a) + } Any owner { + , governing
body + } or county assessor affected by a determination of the
{ - review committee or - } State Historic Preservation Officer
made under ORS { - 358.475 to 358.565 - } { + 358.480 to
358.545 + } may request a contested case hearing { - before the
State Historic Preservation Officer - } according to the
provisions of ORS 183.310 to 183.550.
{ + (b) After a contested case hearing has been held, the
hearing officer shall present the proposed order to the Historic
Assessment Review Committee. The review committee shall determine
the final order in the case. + }
SECTION 7. ORS 358.499 is amended to read:
358.499. (1) Property first classified and specially assessed
as historic property for a tax year beginning on or before July
1, 1994, shall continue to be so classified, specially assessed
and removed from special assessment as provided under ORS
{ - 358.475 - } { + 358.480 + } to 358.545 as those sections
were in existence and in effect on December 31, 1992.
{ - (2) Property shall not be granted classification and
special assessment as historic property pursuant to application
filed pursuant to ORS 358.485 and first applicable for the tax
year 1995-1996. - }
{ - (3) - } { + (2) + } Property may be classified and
specially assessed under ORS { - 358.475 - } { + 358.480 + }
to 358.545 pursuant to application filed under ORS 358.487 on or
after September 9, 1995, and first applicable for the tax year
1996-1997 or any tax year thereafter.
{ - (4) - } { + (3) + } Property { - shall - } { +
may + } not be classified and specially assessed pursuant to
application filed under ORS 358.487 if the application is filed
on or after July 1, { - 2002 - } { + 2010 + }.
SECTION 8. ORS 358.505 is amended to read:
358.505. (1)(a) The county assessor shall, for the 15
consecutive { - assessment - } { + tax + } years elected
under ORS { - 358.485 or 358.487, whichever is applicable, - }
{ + 358.480 to 358.545, list on the assessment and tax roll a
specially assessed + } value { + for + } property classified as
historic property { - at - } { + that equals + }the assessed
value of the property at the time application for classification
was made.
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{ + (b) Notwithstanding paragraph (a) of this subsection, if
the property that is the subject of the application was exempt or
specially assessed at the time the application for classification
was made, the county assessor shall, for the 15 consecutive tax
years elected under ORS 358.480 to 358.545, list on the
assessment and tax roll a specially assessed value for the
property that equals the product of the real market value of the
property for the tax year in which the application was made
multiplied by the ratio of the average maximum assessed value
over the average real market value for that tax year of property
in the same area and property class. + }
{ - (b) - } { + (c) + } If a reapplication for
classification and special assessment filed pursuant to ORS
358.540 (3) is approved under ORS 358.490, the county assessor
shall, for 15 consecutive
{ - assessment - } { + tax + } years after the date of the
filing of the reapplication, { + list on the assessment and tax
roll a specially assessed + } value { + for + } the property
that was the subject of the reapplication { - at the assessed
value of the property, without any adjustment to value made under
ORS 358.475 to 358.545, at the time reapplication under ORS
358.540 (3) was made - } { + that equals the product of the
real market value of the property for the assessment year in
which the reapplication is made multiplied by the ratio of the
average maximum assessed value over the average real market value
for the assessment year of property in the same area and property
class + }.
{ + (2)(a) For the first tax year of a 15-year period of
historic property special assessment, notwithstanding ORS 308.149
(2), the maximum assessed value of property subject to historic
property special assessment shall equal the specially assessed
value of the property under subsection (1) of this section
multiplied by the ratio, not greater than 1.00, of the maximum
assessed value the property would have had if the property were
not specially assessed over the real market value of the
property.
(b) For each tax year after the first tax year in which the
property is subject to special assessment as historic property
and before the conclusion of the 15-year period of historic
property special assessment, the property's maximum assessed
value subject to special assessment shall equal 103 percent of
the property's assessed value from the prior year or 100 percent
of the property's maximum assessed value subject to special
assessment from the prior year, whichever is greater.
(3) The assessed value of property that is classified as
historic property for the tax year shall equal the lesser of:
(a) The property's specially assessed value as determined under
subsection (1) of this section; or
(b) The property's maximum assessed value as determined under
subsection (2) of this section. + }
{ - (2) - } { + (4) + } Except as provided under ORS
358.487 (2), the entitlement of property to the special
assessment provisions of this section shall be determined as of
July 1. If the property becomes disqualified on or after July 1,
its assessment for that year shall continue as provided in this
section.
{ - (3) - } { + (5) + } Assessed value, as defined and
determined under ORS 308.146 { - and 308.205 - } , shall be
determined for property classified as historic property by the
county assessor each year. The assessed value so determined for
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any year shall be subject to appeal to the county board of
property tax appeals within the time and in the manner provided
in ORS chapter 309 and shall be subject to appeal thereafter to
the Oregon Tax Court and to the Oregon Supreme Court within the
time and in the manner provided for appeals of value
determination for purposes of ad valorem property taxation.
{ - (4) - } { + (6) + } The Department of Revenue, in
consultation with the State Historic Preservation Officer, shall
adopt rules within its area of expertise that are necessary to
the implementation of ORS
{ - 358.475 - } { + 358.480 + } to 358.545.
SECTION 9. ORS 358.509 is amended to read:
358.509. If the county assessor, local landmark commission
{ - , - } { + or + } governing body { - or Historic
Assessment Review Committee - } has reason to believe that
property classified as historic property is not being maintained,
rehabilitated or preserved as required under the preservation
plan approved for the property, as amended, or as required under
rules established by the State Historic Preservation Officer, or
otherwise no longer qualifies for classification and special
assessment as historic property, the county assessor, local
landmark commission { - , - } { + or + } governing body
{ - or review committee - } shall request the State Historic
Preservation Officer to determine if the property continues to
qualify. The request shall be in writing and state the reasons
why the continuing qualification is questioned. Upon receipt of
the request, the State Historic Preservation Officer { + may
initiate a continuing qualification review. If a review is
initiated, the State Historic Preservation Officer + } or
designee of the officer shall inspect the property and may take
whatever steps are necessary to determine if the property
continues to qualify for special assessment including a request
for a report under ORS 358.535. The State Historic Preservation
Officer shall notify the county assessor of the determination
made pursuant to the request within 60 days after the request is
received. A determination by the State Historic Preservation
Officer that the property no longer qualifies shall constitute a
discovery described in ORS 358.515 (1)(c).
SECTION 10. ORS 358.511 is amended to read:
358.511. (1) There is established an Historic Assessment Review
Committee consisting of three members appointed by the { +
Governor. + } { - State Historic Preservation Officer and
representing each of the following interests: - }
{ - (a) The interests of the State Historic Preservation
Officer; - }
{ - (b) The interests of the Oregon State Association of
County Assessors; and - }
{ - (c) The interests of local historic preservation
organizations. - }
(2) The term of office of each member is four years, but a
member serves at the pleasure of the { - State Historic
Preservation Officer. Before the expiration of the term of a
member, the State Historic Preservation Officer shall appoint a
successor whose term begins on the July 1 next following - }
{ + Governor + }. A member is eligible for reappointment.
{ - If there is a vacancy for any cause, the State Historic
Preservation Officer shall make an appointment to become
immediately effective for the unexpired term. - } { + A member
whose term has expired shall continue to serve until a successor
has been appointed. + }
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(3) Appointments to the review committee shall be based on
representation of interests of the county assessors, historic
preservation interests and local government.
(4) A majority of the members of the review committee
constitutes a quorum for the transaction of business.
SECTION 11. ORS 358.515 is amended to read:
358.515. (1) When property has once been classified and
assessed as historic property pursuant to application filed under
ORS { - 358.485 or 358.487 - } { + 358.480 to 358.545 + }, it
shall remain so classified and be granted the special assessment
provided by ORS 358.505 until the property becomes disqualified
for such classification and assessment by:
(a) Written notice by the taxpayer to the assessor to remove
the special assessment.
(b) Sale or transfer to an ownership making it exempt from
property taxation.
(c) Removal of the special assessment by the assessor upon
discovery that the property no longer qualifies as historic
property because it is not in compliance with the preservation
plan applicable to the property or for other reason.
(2)(a) The sale or transfer to a new owner or transfer by
reason of death of a former owner to a new owner { - shall - }
{ + does + } not operate to disqualify the property from the
special assessment provided by ORS 358.505 so long as the
property continues to qualify as historic property.
(b) The new owner shall notify the State Historic Preservation
Officer of the sale or transfer of ownership within 60 days after
the date that the documents described in ORS 93.040 are recorded.
(3) When, for any reason, the property or any portion thereof
ceases to qualify as historic property, the owner at the time of
change shall notify the assessor and the State Historic
Preservation Officer of the change prior to the next January 1
assessment date.
SECTION 12. ORS 358.525 is amended to read:
358.525. (1) Except as provided in subsection (4) of this
section, whenever property { - which - } { + that + } has
received special assessment as historic property { - pursuant
to application filed under ORS 358.485 or 358.487 - } { + under
ORS 358.480 to 358.545 + } thereafter becomes disqualified for
such assessment as provided in ORS 358.515, there shall be added
to the tax extended against the property on the next general
property tax roll, to be collected and distributed in the same
manner as the remainder of real property tax, additional taxes
equal to the difference between the taxes assessed against the
property and the taxes that would otherwise have been assessed
against the property for each of the last 15 years (or such
lesser number of years, corresponding to the years of assessment
as historic property applicable to the property) as of January 1
of the assessment year for which the property was disqualified
for special assessment plus an amount equal to the sum of the
interest on each year's additional taxes computed under ORS
311.505 from November 15 of the tax year for which back taxes are
being added to July 1 of the tax year of disqualification.
(2) Whenever property that has received special assessment as
historic property under ORS 358.505 becomes disqualified for such
assessment and either notice required by ORS 358.515 (3) is not
given, the assessor shall determine the date that the notice
should have been given, shall notify the owner thereof and,
notwithstanding ORS 311.235, there shall be added to the tax
extended against the property on the next general property tax
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roll, to be collected and distributed in the same manner as the
remainder of the real property tax, in full payment of all taxes
and penalties accruing from the disqualification, the sum of the
following:
(a) Additional taxes equal to the difference between the total
amount of taxes that would have been due on the property for each
year, not to exceed the last 15 years, in which special
assessment under ORS 358.505 was in effect for the property (even
though erroneously) and the taxes { - which - } { + that + }
would have been due had special assessment not been in effect
plus an amount equal to the sum of the interest on each year's
additional taxes computed under ORS 311.505 from November 15 of
the tax year for which additional taxes are being added to July 1
of the tax year of disqualification, plus
(b) An additional penalty of 15 percent of the amount in
paragraph (a) of this subsection.
(3) Prior to adding to the tax extended against the property on
the next general property tax roll of any additional taxes or
penalty imposed by subsection (1) or (2) of this section, in the
case of disqualification pursuant to ORS 358.515 (1)(c), the
assessor shall notify the owner of the property by mail, return
receipt requested, of the disqualification.
(4) { - No - } Additional tax or penalty { - shall - }
{ + may not + } be imposed under subsection (1) or (2) of this
section upon the sale or transfer to an ownership making it
exempt from property taxation.
{ - No - } Additional tax or penalty { - shall - } { + may
not + } be imposed under subsection (1) or (2) of this section if
the historic property is destroyed by fire or act of God.
(5) The amount determined to be due under subsection (1) or (2)
of this section may be paid to the tax collector prior to the
completion of the next general property tax roll, pursuant to ORS
311.370.
(6) Additional taxes collected under this section shall be
deemed to have been imposed in the year to which the additional
taxes relate.
SECTION 12a. { + Section 12b of this 2001 Act is added to and
made a part of ORS 358.480 to 358.545. + }
SECTION 12b. { + (1) Notwithstanding ORS 358.525, whenever
property that has received special assessment as historic
property under ORS 358.480 to 358.545 thereafter becomes
disqualified for historic property assessment as the result of a
written notice given by the taxpayer pursuant to ORS 358.515
(1)(a), additional taxes shall be added to the tax extended
against the property as prescribed in ORS 358.525 (1), but
interest may not be added to the additional taxes if within two
years following the date of disqualification:
(a) The property has been classified for special assessment as
historic property under ORS 358.480 to 358.545; and
(b) The property owner has spent an amount implementing an
approved preservation plan for the property that equals or
exceeds five times the amount of interest that would otherwise be
payable under ORS 358.525 (1).
(2) If the property owner files a written request with the
county assessor, for the period of time from the disqualification
of the property until the earlier of the time the assessor
determines that the requirements of subsection (1) of this
section have been met or two years following the date of
disqualification, interest that would otherwise be added to the
additional taxes due under ORS 358.525 may not be extended
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against the property but shall remain a potential liability on
the assessment and tax roll. If the assessor determines that the
requirements of subsection (1) of this section are met, the
interest shall be canceled. If the assessor determines that the
requirements of subsection (1) of this section have not been met,
the interest shall be added to the tax extended against the
property as prescribed in ORS 358.525 (1). + }
SECTION 12c. { + Section 12b of this 2001 Act applies to
property that is both disqualified from historic property special
assessment pursuant to ORS 358.515 (1)(a) and subsequently
classified as historic property on or after January 1, 2001. + }
SECTION 13. ORS 358.528 is amended to read:
358.528. When any property has been classified and assessed as
historic property under ORS { - 358.475 - } { + 358.480 + }
to 358.545 and the owner or other qualified person applies for a
change in the classification under another special assessment
program, the applicant shall have 30 days thereafter within which
to withdraw the application, by giving written notice to the
public official or agency to whom the applicant applied for the
change in classification. If no notice of withdrawal is given by
the applicant, the application shall be acted upon and the change
in classification made, as otherwise provided by law.
SECTION 14. ORS 358.535 is amended to read:
358.535. The State Historic Preservation Officer shall at all
times be authorized to demand and receive reports from owners of
property classified { - pursuant to application filed under ORS
358.485 or 358.487 - } { + as historic property under ORS
358.480 to 358.545 + } as to the continued qualification of the
{ - same for classification as - } { + property for + }
historic property { + classification + }. The content of
reports and times for reporting shall be determined by the State
Historic Preservation Officer. If the owner { - shall fail - }
{ + fails + }, after 30 days' written notice by mail, return
receipt requested, to comply with such demand, the State Historic
Preservation Officer shall immediately notify the assessor and
the assessor shall withdraw the property from classification and
apply the penalties provided by ORS 358.525.
SECTION 15. ORS 358.540 is amended to read:
358.540. (1) Property classified as historic property
{ - pursuant to application filed under ORS 358.485 or 358.487
shall be - } { + under ORS 358.480 to 358.545 is + } entitled
to any other exemption or special assessment provided by law.
(2) Property that has received special assessment
{ - pursuant to application filed under ORS 358.485 or
358.487 - } { + under ORS 358.480 to 358.545 + } for 15
years { + , at the completion of the 15-year term, is
disqualified from historic property special assessment and + } is
not again eligible for special assessment under ORS
{ - 358.475 - } { + 358.480 + } to 358.545.
(3)(a) Notwithstanding subsection (2) of this section, { +
following completion of the initial 15-year period of historic
property classification and disqualification under subsection (2)
of this section, the owner of + }commercial property classified
as historic property { - pursuant to application filed under
ORS 358.485 or 358.487 - } may reapply under ORS 358.487 for one
additional 15-year period of special assessment under ORS
{ - 358.475 - } { + 358.480 + } to 358.545. { + Following
completion of the second 15-year term of special assessment, the
historic commercial property shall be disqualified from historic
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property special assessment and is not again eligible for special
assessment under ORS 358.480 to 358.545. + }
(b) A reapplication filed under this subsection, in addition to
containing all of the information required of an application
filed under ORS 358.487, shall be accompanied by a renovation
plan detailing measures to be taken for purposes of Americans
with Disabilities Act compliance, seismic improvement measures or
energy conservation measures, the costs associated with the
measures and a schedule of the dates on which work on the
measures will be begun and completed.
(c) A reapplication filed under this subsection that in other
respects is in compliance with the application requirements of
ORS 358.487 may be approved only upon a finding by the State
Historic Preservation Officer that the renovation plan submitted
with the reapplication will, if implemented, result in a
significant investment in the historic property that promotes
compliance with Americans with Disabilities Act requirements or
that results in seismic improvements or energy conservation
improvements to the property. If approved, the renovation plan
shall be considered an amendment to and part of the preservation
plan filed with the reapplication and in effect for the property.
(d) The State Historic Preservation Officer may adopt rules
under this subsection, including rules that provide:
(A) The minimum amount of investment that must be made in order
for the investment to be considered a significant investment.
(B) The minimum amount of seismic improvement to the property
that must be contemplated in the renovation plan in order for the
plan to be approved.
(C) The minimum level of energy conservation improvements that
must be contemplated in the renovation plan in order for the plan
to be approved.
(D) The maximum amount of time between the date of filing of
the reapplication and the date of completion of the measures
described in the renovation plan in order for the renovation plan
to be approved.
SECTION 16. ORS 358.543 is amended to read:
358.543. (1) Any additions made that are historically accurate
reconstructions of once extant features or necessary for safety
or disabled access or required by building code requirements may
be classified as not being 'new construction ' by the State
Historic Preservation Officer if the State Historic Preservation
Officer so determines after request is made by the owner.
{ + (2) A request to have an addition classified as not being
' new construction' must be made in writing and must be
accompanied by written documentation that demonstrates that the
addition is a historically accurate reconstruction of once extant
features, necessary for safety or disabled access or required by
building code requirements. + }
{ - (2) - } { + (3) Except as provided in subsection (4) of
this section, + } if new construction takes place { - on or
after October 15, 1983, - } with respect to property { - for
which a certificate already has been filed under ORS 358.495 (2)
pursuant to application filed under ORS 358.485 or 358.487 - }
{ + classified as historic property under ORS 358.480 to
358.545 + }, the new construction { - shall - } { + may + }
not be considered classified as historic { - nor shall the new
construction - } { + and may not + } receive the special
valuation accorded historic property under ORS 358.505. The new
construction shall be valued for ad valorem property tax purposes
at its real market value and shall be assessed { - at the
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percentage of its real market value provided in ORS 308.232 - }
{ + as provided in ORS 308.146 (1) to (3) + }.
{ + (4)(a) If new construction takes place on or after the
effective date of this 2001 Act with respect to historic property
for which a certificate has been filed under ORS 358.495 (2), the
new construction shall be subject to the maximum assessed value
and assessed value of the historic property under ORS 358.505 if
the new construction is approved by the State Historic
Preservation Officer and:
(A) Is used primarily for residential purposes; or
(B) Is used primarily for nonresidential purposes. New
construction that is used primarily for nonresidential purposes
shall be subject to the maximum assessed value and assessed value
of the historic property under ORS 358.505 only to the extent the
square footage of the new construction, when added to the total
net rentable area of the existing historic property, is less than
or equal to the total net rentable area of the property that
existed prior to the new construction.
(b) New construction that is not approved for historic property
assessment under paragraph (a) of this subsection shall be
assessed as provided in ORS 308.146 (1) to (3).
(c) The State Historic Preservation Officer may adopt rules
establishing procedures for requesting and obtaining the approval
of the State Historic Preservation Officer under this subsection.
(d) For purposes of this subsection, net rentable area shall be
measured in square feet. + }
{ - (3) - } { + (5) + } Any notice required under ORS
358.528 to be sent by a public official or agency with regard to
a change in classification to or from historic property
classification shall be given by the county assessor and to the
State Historic Preservation Officer.
{ - (4) - } { + (6) + } As used in this section, 'new
construction ' includes, but is not limited to:
(a) An additional new building, structure or other improvement
outside the building envelope, including but not limited to a
parking area to be or in use for commercial purposes.
(b) An enlargement of the exterior perimeters of an existing
building, structure or improvement.
(c) Any story or stories added to an existing building,
structure or improvement.
SECTION 17. ORS 358.545 is amended to read:
358.545. The { - person designated as - } State Historic
Preservation Officer { - under ORS 358.565 - } shall adopt
rules, pursuant to ORS 183.310 to 183.550, with regard to the
determination of entitlement of historic properties to the
special assessment accorded by ORS { - 358.475 - } { +
358.480 + } to 358.545 { - pursuant to application filed under
ORS 358.485 or 358.487 - } . The rules shall:
(1) Encompass requirements for allowance and substantiation of
public sight-seeing of historic property classified under ORS
{ - 358.475 - } { + 358.480 + } to 358.545;
(2) Provide minimum maintenance { + and preservation + }
standards for the property;
(3) Provide standards and guidelines for rehabilitation based
on those adopted by the United States Secretary of the Interior;
(4) Delineate any other matters necessary to carry out the
purposes of ORS { - 358.475 - } { + 358.480 + } to 358.545;
and
(5) Provide for a review procedure by the State Historic
Preservation Officer for compliance with the preservation plan in
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the { - 3rd, 6th - } { + 5th + }, 10th and 14th years of
special assessment. If the State Historic Preservation Officer
determines that there is lack of compliance with the preservation
plan, the State Historic Preservation Officer shall either notify
the county assessor under ORS 358.509 or request that the
preservation plan be amended as provided under ORS 358.490. If,
after a request for amendment is made, the property remains in
noncompliance, the State Historic Preservation Officer shall
notify the county assessor as described, and with the result
described, under ORS 358.509.
SECTION 18. ORS 358.565 is amended to read:
358.565. (1) The Governor shall designate a State Historic
Preservation Officer who shall serve at the pleasure of the
Governor. In case of vacancy, the Governor shall designate a
successor.
(2) The State Historic Preservation Officer shall appoint a
staff of persons well qualified in history, architectural
history, architecture, archaeology and education as technical
assistants and analysts.
(3) In addition to the powers and duties assigned to the State
Historic Preservation Officer under ORS { - 358.475 - } { +
358.480 + } to 358.545, the State Historic Preservation Officer
shall perform whatever functions as are authorized by law.
SECTION 19. ORS 197.772 is amended to read:
197.772. (1) Notwithstanding any other provision of law, a
local government shall allow a property owner to refuse to
consent to any form of historic property designation at any point
during the designation process. Such refusal to consent shall
remove the property from any form of consideration for historic
property designation under ORS { - 358.475 - } { +
358.480 + } to 358.545 or other law except for consideration or
nomination to the National Register of Historic Places pursuant
to the National Historic Preservation Act of 1966, as amended (16
U.S.C. 470 et seq.).
(2) No permit for the demolition or modification of property
removed from consideration for historic property designation
under subsection (1) of this section shall be issued during the
120-day period following the date of the property owner's refusal
to consent.
(3) A local government shall allow a property owner to remove
from the property a historic property designation that was
imposed on the property by the local government.
SECTION 20. ORS 310.160 is amended to read:
310.160. (1) For purposes of determining whether the taxes on
property to be imposed on any property exceed the limits imposed
by section 11b, Article XI of the Oregon Constitution, the unit
of property to be considered shall consist of all contiguous
property within a single code area in the county under common
ownership that is used and appraised for a single integrated
purpose, whether or not that property is taxed as a single
account or multiple accounts.
(2) In the case of real property that is specially assessed
under ORS 308A.107, 308A.256, 308A.315 or 321.257 to 321.390 or
any other law, or partially exempt from tax under ORS 307.250,
307.370 or { - 358.485 - } { + 358.480 to 358.545 + } or any
other law, the unit of property shall consist of all components
of land and improvements in a single operating unit.
(3) In the case of timeshare properties, the unit of property
shall consist of all real property components associated with all
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timeshare property within a timeshare plan as described in ORS
94.808.
(4) In the case of personal property that is not part of an
operating unit consisting of both real and personal property, the
unit of property shall consist of all items of personal property
identified in a single property tax account.
(5) In the case of land upon which an improvement is located,
and the land and the improvement are owned by different persons,
if the land and improvements are a single operating unit, the
unit of property shall consist of the entire improved parcel.
SECTION 21. ORS 310.165 is amended to read:
310.165. (1) For any unit of property partially exempt from tax
under ORS 307.250, 307.370, 308.459, 308.670 or { - 358.485 - }
{ + 358.480 to 358.545 + } or any other law, the assessor shall
determine the maximum amount of taxes on property to be imposed
on such property under ORS 310.150, by using the lesser of the
real market value or the taxable value of the property after the
exemption has been applied.
(2) For any land that is specially assessed for ad valorem tax
purposes under ORS 308.670, 308A.050 to 308A.128, 308A.250 to
308A.259, 308A.315, 321.257 to 321.390, 321.705 to 321.765 or
321.805 to 321.825, the assessor shall determine the maximum
amount of taxes on property to be imposed on such property under
ORS 310.150 by using the lesser of the real market value or the
specially assessed value of the property.
(3) In the case of any unit of property of which a part of the
unit is exempt from taxation, and that part may be identified
both as to value and physical description, the real market value
of the unit shall not include the value of the exempt part of the
unit.
(4) If any unit of property described in subsection (1) or (2)
of this section for which the maximum amount of taxes imposed has
been determined under this section is subject to imposition of
additional taxes due to disqualification from special assessment
or partial exemption, the determination of the maximum amount of
additional taxes that may be imposed due to disqualification
shall be made on the basis of the real market value of the
property for the year to which the additional taxes relate.
SECTION 22. ORS 311.280 is amended to read:
311.280. (1) Any person desiring to pay taxes on any part of
any real estate assessed as one parcel or tract may do so by
applying to the county assessor or deputy county assessor. The
county assessor shall determine the relative or proportionate
value such part bears to the value of the whole tract assessed,
and shall file a statement thereof with the tax collector, on
which basis the assessment shall be divided and taxes shall be
collected accordingly.
(2) The assessor or tax collector shall not divide an
assessment under this section unless the person calling for the
division of assessment owns, or holds a mortgage or other lien on
that part only of such area on which the person desires to pay
the taxes, and has filed with the assessor a true copy of the
deed, contract of sale, mortgage or other instrument evidencing
the interest in the part; provided that whenever such instrument
is otherwise recorded in the county records, such filing shall
not be required.
(3) The assessor or tax collector shall not divide an
assessment under this section unless all ad valorem taxes, fees
and other charges required to be placed upon the tax roll that
have been certified for collection under ORS 311.105 and 311.110
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and become a lien upon the entire parcel of property have been
paid. However, if the applicant for the division is a public
body, only the portion of such taxes, fees and other charges
apportionable to the part of the real estate owned by the public
body, or on which the public body holds a mortgage or other lien,
need be paid. As used in this subsection, 'public body' means the
United States, its agencies and instrumentalities, the state, a
county, city, school district, irrigation or drainage district, a
port, a water district and all other public or municipal
corporations in the state exempt from tax under ORS 307.040 or
307.090.
(4) In the case of a parcel or tract of real estate which is
being assessed under one of the special assessment laws listed in
ORS 308A.733 (2) or under ORS { - 358.475 - } { + 358.480 + }
to 358.545, the assessor or tax collector shall not divide the
assessment unless the portion of any additional taxes or penalty
apportionable to the part of the property disqualified from
special assessment is paid.
(5) In the case of property within the jurisdiction of a city
or county which has adopted minor land partition regulations
pursuant to ORS 92.046, the assessor shall not divide an
assessment unless the person calling for the division of
assessment has filed with the assessor evidence that the division
has been approved as required by such regulations.
(6) Whenever a manufactured structure is assessed as real
property under ORS 308.875 or 820.510, and the security interest
holder of the manufactured structure is a person different from
the owner of the parcel of land upon which it is situated, the
security interest holder may apply to the assessor for a division
of the value of the entire parcel between the value of the
manufactured structure and the value of the remainder of the
parcel. Using this value division, the tax collector shall
allocate the taxes between the manufacture structure and the
remainder of the parcel, and the security interest holder of the
manufactured structure may pay the taxes on the value
attributable to the manufactured structure and thereby free the
manufactured structure from the lien of those taxes. If a
division is made and the manufactured structure moved without
payment of taxes, the lien of the tax on the manufactured
structure is on both the manufactured structure and the parcel
from which it was removed; however, payment of taxes on the
manufactured structure will reduce, in the amount of taxes paid,
the taxes against the remainder of the parcel, and payment of the
taxes assessed against the entire parcel will remove the lien of
taxes against the manufactured structure.
(7) If protest is filed to the division, the matter shall be
heard by the county commissioners or the county court (as defined
in ORS 306.005) at its next regular session for transaction of
county business, who shall make a final division of the
assessment, and the tax collector shall collect and receipt for
the taxes as so determined and ordered.
(8) No person shall apply in any year under this section for a
division of the assessment of a subdivision made on the
assessment roll prepared as of January 1 of the year in which the
subdivision is finally approved.
SECTION 23. ORS 447.145 is amended to read:
447.145. (1) All new fixtures approved for installation during
construction, reconstruction, alteration and repair of buildings
and other structures under ORS 447.020 shall comply with rules
adopted by the Director of the Department of Consumer and
Enrolled House Bill 2270 (HB 2270-B) Page 16
Business Services. The rules shall be consistent with performance
requirements and test procedures established by the American
National Standards Institute, or other equivalent recognized
North American standards and procedures. Except for used fixtures
allowed under subsection (4) of this section, the average amount
of water used by new or replacement fixtures under the applicable
test procedures shall not exceed:
(a) 1.6 gallons or 6.06 liters per flush for toilets;
(b) 1.0 gallons or 3.785 liters per flush for urinals;
(c) 2.5 gallons or 9.46 liters per minute for shower heads; and
(d) 2.5 gallons or 9.46 liters per minute for interior faucets.
(2) Notwithstanding subsection (1) of this section, the
director by rule shall provide for exemptions to the requirements
under subsection (1) of this section if:
(a) The reconstruction, alteration or repair of a building does
not include the installation of new or replacement toilets or
urinals, shower heads or faucets within the building;
(b) Due to the capacity, design or installation of the plumbing
or sewage system within an existing building, toilets or urinals
required by subsection (1) of this section would, if installed in
the building, be unable to meet the performance requirements of
the American National Standards Institute or other equivalent
recognized North American standards as adopted by rule;
(c) The fixtures and fittings necessary to perform a
specialized function, including but not limited to emergency
showers and aspirator faucets, cannot meet the requirements;
(d) The installation of fixtures that do not comply with
subsection (1) of this section is necessary to maintain the
historic character of a structure listed under ORS { - 358.475
to 358.565 - } { + 358.480 to 358.545 + }; or
(e) The fixtures and fittings to be installed are specifically
designed to withstand unusual abuse or installation in a penal
institution or are located in an area with special needs, such as
a laboratory, hospital, nursing home or other health care
facility.
(3) No person shall sell or offer for sale any new toilet,
urinal, shower head or faucet that has not been approved under
ORS 447.020.
(4) On or after December 31, 1995, no person shall sell or
offer for sale any used toilet, urinal, shower head or interior
faucet that does not meet the conservation standards established
in subsection (1) of this section.
(5) The director shall adopt rules and regulations for marking,
labeling or otherwise identifying fixtures that meet the
standards of this section.
(6) The requirements of subsection (1)(a) of this section do
not apply to commercial or industrial installations until January
1, 1997.
SECTION 24. ORS 527.710 is amended to read:
527.710. (1) In carrying out the purposes of ORS 527.610 to
527.770, 527.990 (1) and 527.992, the State Board of Forestry
shall adopt, in accordance with applicable provisions of ORS
183.310 to 183.550, rules to be administered by the State
Forester establishing standards for forest practices in each
region or subregion.
(2) The rules shall ensure the continuous growing and
harvesting of forest tree species. Consistent with ORS 527.630,
the rules shall provide for the overall maintenance of the
following resources:
(a) Air quality;
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(b) Water resources, including but not limited to sources of
domestic drinking water;
(c) Soil productivity; and
(d) Fish and wildlife.
(3)(a) In addition to its rulemaking responsibilities under
subsection (2) of this section, the board shall collect and
analyze the best available information and establish inventories
of the following resource sites needing protection:
(A) Threatened and endangered fish and wildlife species
identified on lists that are adopted, by rule, by the State Fish
and Wildlife Commission or are federally listed under the
Endangered Species Act of 1973 as amended;
(B) Sensitive bird nesting, roosting and watering sites;
(C) Biological sites that are ecologically and scientifically
significant; and
(D) Significant wetlands.
(b) The board shall determine whether forest practices would
conflict with resource sites in the inventories required by
paragraph (a) of this subsection. If the board determines that
one or more forest practices would conflict with resource sites
in the inventory, the board shall consider the consequences of
the conflicting uses and determine appropriate levels of
protection.
(c) Based upon the analysis required by paragraph (b) of this
subsection, and consistent with the policies of ORS 527.630, the
board shall adopt rules appropriate to protect resource sites in
the inventories required by paragraph (a) of this subsection.
(4) Before adopting rules under subsection (1) of this section,
the board shall consult with other agencies of this state or any
of its political subdivisions that have functions with respect to
the purposes specified in ORS 527.630 or programs affected by
forest operations. Agencies and programs subject to consultation
under this subsection include, but are not limited to:
(a) Air and water pollution programs administered by the
Department of Environmental Quality under ORS chapters 468A and
468B and ORS 477.013 and 477.515 to 477.532;
(b) Mining operation programs administered by the Department of
Geology and Mineral Industries under ORS 516.010 to 516.130 and
ORS chapter 517;
(c) Game fish and wildlife, commercial fishing, licensing,
wildlife and bird refuge and fish habitat improvement tax
incentive programs administered by the State Department of Fish
and Wildlife under ORS 272.060, 315.134 and ORS chapters 496,
498, 501, 506 and 509;
(d) Park land, Willamette River Greenway, scenic waterway and
recreation trail programs administered by the State Parks and
Recreation Department under ORS { - 358.475 to 358.565 - }
{ + 358.480 to 358.545 + }, 390.310 to 390.368, 390.805 to
390.925, 390.950 to 390.989 and 390.121;
(e) The programs administered by the Columbia River Gorge
Commission under Public Law 99-663 and ORS 196.110 and 196.150;
(f) Removal and fill, natural heritage conservation and natural
heritage conservation tax incentive programs administered by the
State Land Board and the Division of State Lands under ORS
196.800 to 196.900, 273.553 to 273.591, 307.550, 307.560 and
541.700 to 541.990;
(g) Federal Safe Drinking Water Act programs administered by
the Health Division under ORS 448.273 to 448.990;
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(h) Natural heritage conservation programs administered by the
Natural Heritage Advisory Council under ORS 273.553 to 273.591,
307.550 and 307.560;
(i) Open space land tax incentive programs administered by
cities and counties under ORS 308A.300 to 308A.330;
(j) Water resources programs administered by the Water
Resources Department under ORS 536.220 to 536.540; and
(k) Pesticide control programs administered by the State
Department of Agriculture under ORS chapter 634.
(5) In carrying out the provisions of subsection (4) of this
section, the board shall consider and accommodate the rules and
programs of other agencies to the extent deemed by the board to
be appropriate and consistent with the purposes of ORS 527.630.
(6) The board shall adopt rules to meet the purposes of another
agency's regulatory program where it is the intent of the board
to administer the other agency's program on forestland and where
the other agency concurs by rule. An operation performed in
compliance with the board's rules shall be deemed to comply with
the other agency's program.
(7)(a) The board may enter into cooperative agreements or
contracts necessary in carrying out the purposes specified in ORS
527.630, including but not limited to stewardship agreements as
described in ORS 527.662.
(b) The State Forestry Department shall enter into agreements
with appropriate state agencies for joint monitoring of the
effectiveness of forest practice rules in protecting forest
resources and water quality.
(8) If based upon the analysis required in section 15 (2)(f),
chapter 919, Oregon Laws 1991, and as the results become
available, the board determines that additional rules are
necessary to protect forest resources pursuant to ORS 527.630,
the board shall adopt forest practice rules that reduce to the
degree practicable the adverse impacts of cumulative effects of
forest practices on air and water quality, soil productivity,
fish and wildlife resources and watersheds. Such rules shall
include a process for determining areas where adverse impacts
from cumulative effects have occurred or are likely to occur, and
may require that a written plan be submitted for harvests in such
areas.
(9)(a) The State Forester, in cooperation with the State
Department of Fish and Wildlife, shall identify streams for which
restoration of habitat would be environmentally beneficial. The
State Forester shall select as a priority those streams where
restoration efforts will provide the greatest benefits to fish
and wildlife, and to streambank and streambed stability.
(b) For those streams identified in paragraph (a) of this
subsection, the State Forester shall encourage landowners to
enter into cooperative agreements with appropriate state agencies
for conduct of restoration activities.
(c) The board, in consultation with appropriate state agencies,
shall study and identify methods for restoring or enhancing fish
and wildlife populations through restoration and rehabilitation
of sites beneficial to fish and wildlife.
(d) The board shall adopt rules to implement the findings of
this subsection.
(10) The board shall adopt rules that provide the State
Forester with authority to condition the approval of plans
required under ORS 527.670 (2) and (3) when the State Forester
makes a determination that there is evidence of a potential
threat to resources protected under this section by controlling
Enrolled House Bill 2270 (HB 2270-B) Page 19
method, timing and extent of harvest when the forester determines
such limitations are necessary to achieve the objectives of ORS
527.630.
(11) In addition to its responsibilities under subsections (1)
to (3) of this section, the board shall adopt rules to reduce the
risk of serious bodily injury or death caused by a rapidly moving
landslide directly related to forest practices. The rules shall
consider the exposure of the public to these safety risks and
shall include appropriate practices designed to reduce the
occurrence, timing or effects of rapidly moving landslides. As
used in this subsection, 'rapidly moving landslide' has the
meaning given that term in ORS 195.250.
SECTION 25. { + ORS 358.485 is repealed. + }
SECTION 26. { + ORS 358.507 is repealed on July 1, 2002. + }
SECTION 27. { + (1) The repeal of ORS 358.485 by section 25 of
this 2001 Act does not alter the assessment of property
classified as historic property pursuant to an application filed
under ORS 358.485 prior to January 1, 1994.
(2) The repeal of ORS 358.507 by section 26 of this 2001 Act
does not alter the assessment of property classified as historic
property under ORS 358.480 to 358.545 for a tax year beginning
before July 1, 2002. + }
SECTION 27a. { + (1) The amendments to ORS 358.480, 358.482,
358.487, 358.490, 358.495, 358.505, 358.509, 358.511, 358.540,
358.543 and 358.545 by sections 2 to 6, 8 to 10 and 15 to 17 of
this 2001 Act apply to tax years beginning on or after July 1,
2001.
(2) Notwithstanding subsection (1) of this section, the
amendments to ORS 358.480, 358.482, 358.487, 358.490, 358.495,
358.505, 358.509, 358.511, 358.540, 358.543 and 358.545 by
sections 2 to 6, 8 to 10 and 15 to 17 of this 2001 Act do not
apply to property for which a reapplication under ORS 358.540 was
filed pursuant to section 33, chapter 579, Oregon Laws 1999.
(3) Nothing in the amendments to ORS 358.480, 358.482, 358.487,
358.490, 358.495, 358.505, 358.509, 358.511, 358.540, 358.543 and
358.545 by sections 2 to 6, 8 to 10 and 15 to 17 of this 2001 Act
permits a change in the specially assessed value of historic
property that has been classified and assessed as historic
property pursuant to an application or reapplication filed prior
to July 1, 2001. + }
SECTION 28. { + (1) As used in this section, 'qualified
property' means property that was commercial property at the time
the property was first classified and assessed as historic
property under ORS 358.480 to 358.545 and that, as of July 1 of
the 15th tax year of historic property classification and
assessment under ORS 358.480 to 358.545, is no longer commercial
property.
(2) Notwithstanding ORS 358.505 and 358.540, qualified property
that continues to be maintained, rehabilitated or preserved as
historic property shall be assessed as provided in ORS 358.505
for one additional tax year following the conclusion of the
15-year period of historic property assessment. The specially
assessed value of the property for the 15th tax year of historic
property assessment shall apply to the additional tax year.
(3) This section applies to qualified property for which the
original 15-year term of historic property classification and
assessment concludes after June 30, 2003, and before July 1,
2004. + }
SECTION 28a. { + Section 28 of this 2001 Act is added to and
made a part of ORS 358.480 to 358.545. + }
Enrolled House Bill 2270 (HB 2270-B) Page 20
SECTION 28b. { + Section 28 of this 2001 Act is repealed on
December 31, 2006. + }
{ +
HISTORIC PRESERVATION REVOLVING + }
{ +
LOAN FUND + }
SECTION 29. { + As used in sections 29 to 37 of this 2001
Act: + }
{ + (1) 'Eligible costs' includes architectural, engineering,
material and planning costs, rehabilitation and reconstruction
costs, and construction expenses necessary to meet building code
requirements.
(2) 'Financial need' means the amount of moneys that must be
obtained from a lender in order for the proposed project to be
completed.
(3) 'Historic property' means real property that is:
(a) Listed individually in the National Register of Historic
Places established and maintained under the National Historic
Preservation Act of 1966 (P.L. 89-665);
(b) A contributing property in a National Register Historic
District; or
(c) Designated by local ordinance as an individual historic
property or as a contributing property in a historic district and
that the State Historic Preservation Officer finds is eligible
for listing in the National Register of Historic Places.
(4) 'Owner' includes a purchaser under a recorded instrument of
sale.
(5) 'Standards and guidelines for the rehabilitation of
historic property' means the standards and guidelines adopted by
the State Historic Preservation Officer under section 31a of this
2001 Act. + }
SECTION 30. { + (1) There is established in the State
Treasury, separate and distinct from the General Fund, the
Historic Preservation Revolving Loan Fund. Moneys in the Historic
Preservation Revolving Loan Fund are continuously appropriated to
the State Historic Preservation Officer for the following
purposes:
(a) To provide loans to owners of historic property, as
described in sections 29 to 37 of this 2001 Act.
(b) For administrative expenses of the State Historic
Preservation Officer in:
(A) Processing applications for loans made under sections 29 to
37 of this 2001 Act;
(B) Investigating historic property rehabilitation projects
funded by loans made under sections 29 to 37 of this 2001 Act;
and
(C) Collecting loans made under sections 29 to 37 of this 2001
Act.
(2) The Historic Preservation Revolving Loan Fund shall consist
of:
(a) Moneys appropriated to the fund by the Legislative
Assembly;
(b) Repayment of moneys loaned from the fund;
(c) Moneys transferred to the fund from the federal government
or from private contributions;
(d) Application fees required under section 32 of this 2001
Act; and
(e) Interest and other earnings on moneys in the fund.
Enrolled House Bill 2270 (HB 2270-B) Page 21
(3) If the State Historic Preservation Officer does not make
any loan from the Historic Preservation Revolving Loan Fund for a
24-month period, the balance of the Historic Preservation
Revolving Loan Fund and any repayments of loans from the Historic
Preservation Revolving Loan Fund shall be transferred to the
Oregon Property Management Account established under ORS 358.690
and may be spent for any purpose for which Oregon Property
Management Account moneys may be spent. + }
SECTION 31. { + (1) There is established the Historic
Preservation Revolving Loan Fund Review Committee, consisting of
three members appointed by the State Historic Preservation
Officer and representing each of the following interests:
(a) The interests of the Housing and Community Services
Department;
(b) The interests of the State Historic Preservation Officer;
and
(c) The interests of banks and other financial institutions.
(2) The review committee shall review applications for loans
from the Historic Preservation Revolving Loan Fund, make
recommendations for loan approval or disapproval to the State
Historic Preservation Officer and establish interest rates to be
charged for the loans.
(3) The term of office of each member of the review committee
is four years, but a member serves at the pleasure of the State
Historic Preservation Officer. Before the expiration of the term
of a member, the State Historic Preservation Officer shall
appoint a successor whose term begins on the July 1 next
following. A member is eligible for reappointment. If there is a
vacancy for any cause, the State Historic Preservation Officer
shall make an appointment to become immediately effective for the
unexpired term.
(4) Successor appointments to the review committee shall be
based on representation of interests of the Housing and Community
Services Department, the State Historic Preservation Officer and
banks and other financial institutions.
(5) A majority of the members of the review committee
constitutes a quorum for the transaction of business.
(6) A member of the review committee shall serve without
compensation.
(7) The review committee shall meet at least once per year. + }
SECTION 31a. { + The State Historic Preservation Officer shall
adopt rules establishing standards and guidelines for the
rehabilitation of historic property. The standards and guidelines
shall include, but need not be limited to, guidance on
preservation, maintenance and rehabilitation of historic
property, adequacy of rehabilitation plans and proposals, and
eligible alterations of and construction associated with historic
property. To the extent practicable, the standards and
guidelines shall be based on those developed by the United States
Secretary of the Interior to determine sufficiency of
rehabilitation plans. + }
SECTION 32. { + (1) Any of the following persons may apply for
a loan from the Historic Preservation Revolving Loan Fund:
(a) An owner of historic property.
(b) A city or county having jurisdiction over the historic
property for which the application is being filed.
(c) A nonprofit corporation organized for the purpose of
owning, managing or rehabilitating historic property.
(d) A business association organized, in whole or part, for the
purpose of historic preservation.
Enrolled House Bill 2270 (HB 2270-B) Page 22
(e) A neighborhood organization representing a neighborhood in
which historic property is located.
(f) An economic development agency of this state or of a
political subdivision of this state.
(2) A person or other entity described in subsection (1) of
this section that intends to rehabilitate historic property and
that seeks a loan from the Historic Preservation Revolving Loan
Fund to pay for the rehabilitation shall file an application for
the loan with the State Historic Preservation Officer. The
application shall be on a form prescribed by the State Historic
Preservation Officer and shall include or be accompanied by:
(a) The name and address of the loan applicant and of the
property owner;
(b) The address and historic name, if any, of the property;
(c) Evidence that the property is historic property;
(d) A description of the proposed rehabilitation project;
(e) Architectural plans, specifications and other materials
that facilitate the evaluation of the proposed rehabilitation
project for conformance with standards and guidelines for the
rehabilitation of historic property;
(f) Color photographs, at least four inches by six inches in
size, that depict that portion of the property that is the
subject of the application, and duplicates in color slide format
or digital or other computer imaging format;
(g) A statement of financial need to complete the project;
(h) An estimate of the eligible costs to be incurred in
completing the rehabilitation project;
(i) A schedule setting forth when the rehabilitation project is
to be commenced and completed; and
(j) Any other information that the State Historic Preservation
Officer may require.
(3) The application shall be accompanied by a fee established
pursuant to section 36 of this 2001 Act.
(4) Upon receipt of a complete application, the State Historic
Preservation Officer shall forward the application to the
Historic Preservation Revolving Loan Fund Review Committee. The
review committee shall review the application and make a
recommendation to approve or disapprove the loan being sought.
The recommendation of the review committee shall be based on the
extent to which:
(a) The project meets the standards and guidelines for the
rehabilitation of historic property;
(b) The proposed rehabilitation project is feasible;
(c) The requested loan would constitute no more than a
reasonable risk and for which there would be a reasonable
likelihood of repayment;
(d) The applicant has a financial need for the requested loan;
(e) The applicant's financial resources are adequate to ensure
success of the project; and
(f) There are moneys available in the Historic Preservation
Revolving Loan Fund.
(5) The Historic Preservation Revolving Loan Fund Review
Committee shall make its recommendation to the State Historic
Preservation Officer. The review committee shall include an
interest rate for the loan if the loan is issued. The State
Historic Preservation Officer must consider the review
committee's recommendation but need not accept the recommendation
of the review committee in accepting or disapproving the
application. The State Historic Preservation Officer shall
consider the factors set forth in subsection (4) of this section
Enrolled House Bill 2270 (HB 2270-B) Page 23
in determining whether to approve or disapprove the loan
application. If the State Historic Preservation Officer decides
to approve the loan, the interest rate for the loan shall be that
prescribed by the review committee.
(6) A loan may not be approved in an amount that exceeds the
lesser of the applicant's estimate of eligible costs for the
project or the State Historic Preservation Officer's
determination of the expected estimated costs to complete the
project.
(7) The State Historic Preservation Officer may request
modifications to the rehabilitation project as a condition to
loan approval or may approve a loan that is less than the amount
requested in the application.
(8) The decision of the State Historic Preservation Officer to
disapprove a loan application or reduce the amount of the loan
may not be appealed.
(9) If the State Historic Preservation Officer approves a loan
application, the approval shall be conditioned on the borrower
and the owner of historic property agreeing to the terms of the
loan contract set forth in section 33 of this 2001 Act.
(10) The State Historic Preservation Officer shall notify the
applicant of the State Historic Preservation Officer's decision
to approve, modify and approve or disapprove a loan
application. + }
SECTION 33. { + (1) If a loan application is approved by the
State Historic Preservation Officer under section 32 of this 2001
Act, the borrower (and the owner of historic property if the
owner is a person other than the borrower) must enter into a
written loan contract with the State Historic Preservation
Officer. Under the terms of the loan contract, the borrower (and
the owner of historic property if the owner is a person other
than the borrower) must agree to:
(a) Maintain the historic property as restored, rehabilitated
or repaired for a period of at least 15 years.
(b) Maintain complete and proper financial records regarding
the historic property and allow the State Historic Preservation
Officer to review those records upon request.
(c) Complete the proposed rehabilitation of the historic
property within two years after the date of entering into the
loan contract under this section.
(d) Complete the proposed rehabilitation in conformance with
the standards and guidelines for the rehabilitation of historic
property.
(e) Provide a collateral security interest in the historic
property to this state that meets the standards set forth in
rules adopted by the State Historic Preservation Officer for
securing loans from the Historic Preservation Revolving Loan
Fund.
(f) Use the loan proceeds only to fund eligible costs of the
rehabilitation.
(2) The loan contract must state the duration of the loan,
which may not exceed five years. The loan contract must state the
interest payable on the unpaid balance of the loan, which shall
be the interest rate set forth in the loan recommendation of the
Historic Preservation Revolving Loan Fund Review Committee but
may not exceed five percent per year, compounded daily. The loan
contract must provide that the loan is to be repaid in equal
installments made at least annually.
(3) The loan contract entered into pursuant to this section
must include the following additional provisions:
Enrolled House Bill 2270 (HB 2270-B) Page 24
(a) A loan repayment schedule;
(b) The manner of determining when loan payments are
delinquent;
(c) Extensions of time in making repayment if the delinquency
is caused by emergency, act of God or economic hardship beyond
the control of the borrower and the security for the loan will
not be impaired thereby;
(d) Rescission of the loan upon default of the loan, upon
failure to complete the proposed rehabilitation in conformance
with the standards and guidelines for the rehabilitation of
historic property or upon failure to maintain the property as
historic property; and
(e) Any other provision the State Historic Preservation Officer
considers necessary to ensure expenditure of the moneys loaned
for eligible costs and to ensure repayment of the borrowed
moneys.
(4) After a loan contract in compliance with this section is
entered into by the borrower and the State Historic Preservation
Officer (and the owner of historic property if the owner is a
person other than the borrower), the State Historic Preservation
Officer shall transfer the borrowed moneys from the Historic
Preservation Revolving Loan Fund to the borrower in accordance
with the terms of the loan contract. + }
SECTION 34. { + (1) The State Historic Preservation Officer
has a lien upon any historic property that is the subject of a
rehabilitation funded in whole or part from a loan from the
Historic Preservation Revolving Loan Fund for the entire amount
of principal and interest on the loan.
(2) The lien created under this section shall attach as of the
day the loan contract is entered into under section 33 of this
2001 Act.
(3) The State Historic Preservation Officer shall file a
written notice of claim of lien not later than 120 days after the
lien attaches with the recording officer of the county in which
the historic property is located.
(4) The notice of claim of lien required under subsection (3)
of this section must be a statement in writing verified by the
oath of the State Historic Preservation Officer or by the oath of
an authorized agent, and must contain:
(a) A statement of the amount of principal and interest of the
loan from the Historic Preservation Revolving Loan Fund;
(b) The name of the owner of the historic property to be
charged with the lien; and
(c) A description of the property to be charged with the lien
sufficient for identification.
(5) The recording officer of the county shall record a notice
of claim of lien filed under this section in the county clerk
lien records.
(6) A lien described in this section shall be foreclosed in the
manner provided in ORS chapter 88.
(7)(a) If a suit to foreclose a lien created under this section
is not brought within five years from the date the notice of
claim of lien is recorded, the lien shall cease to exist.
(b) Notwithstanding paragraph (a) of this subsection, a lien
created under this section may be continued in force for a period
longer than described in paragraph (a) of this subsection
pursuant to an agreement to extend the period of time for which
repayment of the loan is to occur, but may not be continued for a
period longer than six months following the period for which the
repayment is to occur. + }
Enrolled House Bill 2270 (HB 2270-B) Page 25
SECTION 35. { + A loan from the Historic Preservation
Revolving Loan Fund may be made for the rehabilitation of a
historic property that is classified and specially assessed as
provided in ORS 358.480 to 358.545 or any other historic
property. + }
SECTION 36. { + The State Historic Preservation Officer may
adopt rules:
(1) Establishing lending guidelines for loans from the Historic
Preservation Revolving Loan Fund.
(2) Establishing loan application procedures.
(3) Establishing loan application and administrative fees.
(4) Facilitating administration of the Historic Preservation
Revolving Loan Fund. + }
SECTION 37. { + The State Historic Preservation Officer, in
consultation with the Historic Preservation Revolving Loan Fund
Review Committee, shall report annually to the Governor and to
the Legislative Assembly on the financial condition and operation
of the Historic Preservation Revolving Loan Fund. + }
{ +
CAPTIONS + }
SECTION 38. { + The unit captions used in this 2001 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2001 Act. + }
----------
Passed by House March 29, 2001
Repassed by House June 12, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 8, 2001
...........................................................
President of Senate
Enrolled House Bill 2270 (HB 2270-B) Page 26
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 2270 (HB 2270-B) Page 27