71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 464
 
                         House Bill 2290
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Kurt
  Schrader)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Removes provision providing that school capacity cannot be sole
basis for approval or denial of residential development
application.
 
                        A BILL FOR AN ACT
Relating to school facility planning; amending ORS 195.110.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 195.110 is amended to read:
  195.110. (1)(a) A county or city containing a high growth
school district shall include as an element of its comprehensive
plan a school facility plan prepared by the high growth district
in cooperation with the city or county.
  (b) A county or city containing a high growth area shall
initiate planning activities with a school district to accomplish
planning as required under ORS 195.020.
  (c) The provisions of paragraph (a) of this subsection do not
apply to a city that contains less than 10 percent of the total
population of a high growth school district.
  (2) As used in this section, 'high growth school district '
means any school district that has an enrollment of over 5,000
students and had an increase in student enrollment of six percent
or more during the three most recent school years, based on
certified enrollment numbers submitted to the Department of
Education during the first quarter of each new school year.
  (3) The school facility plan shall identify school facility
needs based on population growth projections and land use
designations contained in the city or county comprehensive plan.
The plan shall be updated during periodic review and may be
updated more frequently by mutual agreement between the school
district and the county or city.
  (4)(a) In the school facility plan, a high growth school
district shall assess the capacity of school facilities on the
basis of objective criteria that are formally approved by the
school board. In an agreement under ORS 195.020, the school
district and the city or county shall agree, to the greatest
extent possible, on the criteria for the capacity of school
facilities. After a school district formally adopts criteria for
the capacity of school facilities, a county or city shall accept
those criteria as its own for purposes of evaluating applications
for a comprehensive plan amendment or for a residential land use
regulation amendment.
  (b) A city or county shall provide notice to an affected school
district when considering a plan or land use regulation amendment
that significantly impacts school capacity. If the school
district requests, the city or county shall implement a
coordinated process with the school district to identify
potential school sites and facilities to address the projected
impacts.
  (c) The provisions of paragraph (b) of this subsection apply to
an action that involves:
  (A) High growth school districts;
  (B) Light rail planning in an area that is not a high growth
school district; or
  (C) The addition of 1,000 or more residential units in an area
that is not a high growth school district.
  (5) The school facility plan shall provide for the integration
of existing city or county land dedication requirements with the
needs of the school district.
  (6) Any school district not defined as high growth in
subsection (2) of this section may adopt a plan for school
facilities as set forth in this section, subject to cooperation
with the affected cities or counties.
  (7) The school facility plan shall include but need not be
limited to the following elements:
  (a) Population projections by school age group;
  (b) Identification by both the city or county and the school
district of desirable school sites;
  (c) Physical improvements needed to bring existing schools up
to the school district's minimum standards;
  (d) Financial plans to meet school facility needs;
  (e) An analysis of the alternatives to new school construction
and major renovation;
  (f) Five-year capital improvement plans; and
  (g) Site acquisition schedules and programs.
  (8) The capacity of a school facility shall not be the basis
for a development moratorium under ORS 197.505 to 197.540.
  (9) This section   { - and ORS 197.015 do - }  { +  does + }
not confer any power to a school district to declare a building
moratorium.
    { - (10) Notwithstanding any other provision of state or
local law, school capacity shall not be the sole basis for the
approval or denial of any residential development application,
unless the application involves changes to the local government
comprehensive plan or land use regulations. - }
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