71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 2976
LC 1693/HB 2976-2
HOUSE AMENDMENTS TO
HOUSE BILL 2976
By COMMITTEE ON WATER AND ENVIRONMENT
May 24
On page 1 of the printed bill, delete lines 5 through 28 and
delete pages 2 through 5 and insert:
' { + SECTION 1. + } ORS 197.296 is amended to read:
' 197.296. (1)(a) The provisions of this section apply to { +
metropolitan service district regional framework plans and + }
local government comprehensive plans for lands { + within the
urban growth boundary of a city that is located outside of a
metropolitan service district and has + } { - : - }
' { - (A) Within any urban growth boundary for a city with - }
a population of 25,000 or more { + . + } { - ; - }
' { - (B) Within any urban growth boundary for a city with a
population of less than 25,000 with a rate of growth that
exceeded the average rate of growth for the state for three of
the last five years; and - }
' { - (C) For which a functional plan is prepared by a
metropolitan service district under ORS 268.390 (2). - }
' (b) { - Notwithstanding paragraph (a) of this
subsection, - } The Land Conservation and Development Commission
may { - waive the requirements of that paragraph - } { +
adopt rules under which the commission makes additional cities
subject to the provisions of ORS 197.295 to 197.314 and 197.475
to 197.490. In adopting rules under this paragraph, the
commission shall consider the size of the city, the rate of
population growth of the city and the proximity of the city to
another city or a metropolitan service district + }.
' (2) At periodic review { + pursuant to ORS 197.628 to
197.650 + } or { + at + } any other legislative review of the
urban growth boundary { + that includes a determination of
housing needs + }, comprehensive plans or { - functional - }
{ + regional + } plans shall provide sufficient buildable lands
within urban growth boundaries established pursuant to statewide
planning goals to accommodate estimated housing needs for 20
years. { + The 20-year period shall begin when the local
government completes the periodic or legislative review. + }
' (3) As part of its next periodic review { - pursuant to ORS
197.628 to 197.650 - } following September 9, 1995, or any other
legislative review of the urban growth boundary { + that
includes a determination of housing needs or residential land
supply + }, a local government shall:
' (a) Inventory the supply of buildable lands within the urban
growth boundary { + and determine the housing capacity of the
buildable lands + }; { + and + }
' { - (b) Determine the actual density and the actual average
mix of housing types of residential development that have
occurred within the urban growth boundary since the last periodic
review or five years, whichever is greater; and - }
' { - (c) - } { + (b) + } Conduct an analysis of housing
need by type and density range, in accordance with ORS 197.303
and statewide planning goals and rules relating to housing, to
determine the
{ - amount of land - } { + number of units and amount of
land + } needed for each needed housing type for the next 20
years.
' { + (4)(a) For the purpose of the inventory described in
subsection (3)(a) of this section, 'buildable lands' includes:
' (A) Vacant lands planned or zoned for residential use;
' (B) Partially vacant lands planned or zoned for residential
use;
' (C) Vacant lands that may be used for a mix of residential
and employment uses under the existing planning or zoning; and
' (D) Lands that are not vacant and may be used for residential
infill or redevelopment.
' (b) For the purpose of the inventory and determination of
housing capacity described in subsection (3)(a) of this section,
the local government must consider:
' (A) The extent that residential development is prohibited or
restricted by local regulation and ordinance, state law and rule
or federal statute and regulation;
' (B) A written long term contract or easement for radio,
telecommunications or electrical facilities, if the written
contract or easement is provided to the local government; and
' (C) The presence of a single family dwelling or other
structure on a lot or parcel.
' (c) Except for land that may be used for residential infill
or redevelopment, a local government shall create a map or
document that may be used to verify and identify specific lots or
parcels that have been determined to be buildable lands.
' (5)(a) Except as provided in paragraphs (b) and (c) of this
subsection, the determination of housing capacity and need
pursuant to subsection (3) of this section must be based on data
from within the urban growth boundary that has been collected
since the last periodic review or five years, whichever is
greater. The data shall include:
' (A) The number, density and average mix of housing types of
urban residential development that have actually occurred;
' (B) Trends in density and average mix of housing types of
urban residential development;
' (C) Demographic and population trends;
' (D) Economic trends and cycles; and
' (E) The number, density and average mix of housing types that
have occurred on the buildable lands described in subsection
(4)(a) of this section.
' (b) A local government may make the determination described
in paragraph (a) of this subsection using a shorter time period
than the time period described in paragraph (a) of this
subsection if the local government finds that the shorter time
period will provide more accurate and reliable data related to
housing capacity and need. The shorter time period may not be
less than three years.
' (c) A local government may use economic and demographic data
from outside of the urban growth boundary or use a time period
for economic cycles and trends longer than the time period
described in paragraph (a) of this subsection if the analysis of
a larger geographic area or the use of a longer time period will
provide more accurate, complete and reliable data relating to
economic and demographic trends affecting housing need than an
analysis performed pursuant to paragraph (a) of this subsection.
The local government must clearly describe the geographic area,
time frame and source of data used in a determination performed
under this paragraph. + }
' { - (4) If the determination required by subsection (3) of
this section indicates that the urban growth boundary does not
contain sufficient buildable lands to accommodate housing needs
for 20 years at the actual developed density that has occurred
since the last periodic review, the local government shall take
one of the following actions: - }
{ + ' (6) If the housing need determined pursuant to
subsection (3)(b) of this section is greater than the housing
capacity determined pursuant to subsection (3)(a) of this
section, the local government shall take one or more of the
following actions to accommodate the additional housing need: + }
' (a) Amend its urban growth boundary to include sufficient
buildable lands to accommodate housing needs for { + the
next + } 20 years
{ - at the actual developed density during the period since the
last periodic review or within the last five years, whichever is
greater - } . As part of this process, { + the local government
shall consider the effects of measures taken pursuant to
paragraph (b) of this subsection and + } the amendment shall
include sufficient land reasonably necessary to accommodate the
siting of new public school facilities. The need and inclusion of
lands for new public school facilities shall be a coordinated
process between the affected public school districts and the
local government that has the authority to approve the urban
growth boundary;
' (b) Amend its comprehensive plan, { + regional plan, + }
functional plan or land use regulations to include new measures
that demonstrably increase the likelihood that residential
development will occur at densities sufficient to accommodate
housing needs for { + the next + } 20 years without expansion of
the urban growth boundary. A local government or metropolitan
service district that takes this action shall monitor and record
the level of development activity and development density by
housing type following the date of the adoption of the new
measures; or
' (c) Adopt a combination of the actions described in
paragraphs (a) and (b) of this subsection.
' { - (5) - } { + (7) + } Using the analysis conducted under
subsection
{ - (3)(c) - } { + (3)(b) + } of this section, the local
government shall determine the overall average density and
overall mix of housing types at which residential development of
needed housing types must occur in order to meet housing needs
over the next 20 years. If that density is greater than the
actual density of development determined under subsection
{ - (3)(b) - } { + (5)(a)(A) + } of this section, or if that
mix is different from the actual mix of housing types determined
under subsection { - (3)(b) - } { + (5)(a)(A) + } of this
section, the local government, as part of its periodic review,
shall adopt measures that demonstrably increase the likelihood
that residential development will occur at the housing types and
density and at the mix of housing types required to meet housing
needs over the next 20 years.
' { - (6) - } { + (8) + } A local government that takes any
actions under subsection { - (4) or (5) - } { + (6) or
(7) + } of this section shall demonstrate that the comprehensive
plan and land use regulations comply with goals and rules adopted
by the commission and implement ORS 197.295 to 197.314.
' { - (7) - } { + (9) + } In establishing that actions and
measures adopted under subsections { - (4) and (5) - }
{ + (6) or (7) + } of this section demonstrably increase the
likelihood of higher density residential development, the local
government shall at a minimum ensure that land zoned for needed
housing is in locations appropriate for the housing types
identified under subsection (3) of this section and is zoned at
density ranges that are likely to be achieved by the housing
market using the analysis in subsection (3) of this section.
Actions or measures, or both, may include but are not limited to:
' (a) Increases in the permitted density on existing
residential land;
' (b) Financial incentives for higher density housing;
' (c) Provisions permitting additional density beyond that
generally allowed in the zoning district in exchange for
amenities and features provided by the developer;
' (d) Removal or easing of approval standards or procedures;
' (e) Minimum density ranges;
' (f) Redevelopment and infill strategies;
' (g) Authorization of housing types not previously allowed by
the plan or regulations; and
' (h) Adoption of an average residential density standard.
' { + SECTION 2. + } ORS 197.299 is amended to read:
' 197.299. (1) A metropolitan service district organized under
ORS chapter 268 shall complete the initial inventory,
determination and analysis required under ORS 197.296 (3) not
later than January 1, 1998, and conduct the inventory and
analysis at least every five years thereafter.
' (2)(a) The metropolitan service district shall take such
action as necessary under ORS 197.296 { - (4) - }
{ + (6)(a) + } to accommodate one-half of a 20-year buildable
land supply determined under ORS 197.296 (3) within one year of
completing the analysis.
' (b) The metropolitan service district shall take all final
action under ORS 197.296 { - (4) - } { + (6)(a) + } necessary
to accommodate a 20-year buildable land supply determined under
ORS 197.296 (3) within two years of completing the analysis.
' { + (c) The metropolitan service district shall take action
under ORS 197.296 (6)(b), within one year after the analysis
required under ORS 197.296 (3)(b) is completed, to provide
sufficient buildable land within the urban growth boundary to
accommodate the estimated housing needs for 20 years from the
time the actions are completed. The metropolitan service district
shall consider and adopt new measures that the governing body
deems appropriate under ORS 197.296 (6)(b). + }
' (3) The Land Conservation and Development Commission may
grant an extension to the time limits of subsection (2) of this
section if the Director of the Department of Land Conservation
and Development determines that the metropolitan service district
has provided good cause for failing to meet the time limits.
' { + SECTION 3. + } ORS 197.302 is amended to read:
' 197.302. (1) After gathering and compiling information on the
performance measures as described in ORS 197.301 but prior to
submitting the information to the Department of Land Conservation
and Development, a metropolitan service district shall determine
if actions taken under ORS 197.296 { - (4) - } { + (6) + }
have established the buildable land supply and housing densities
necessary to accommodate estimated housing needs determined under
ORS 197.296 (3). If the metropolitan service district determines
that the actions undertaken will not accommodate estimated need,
the district shall develop a corrective action plan, including a
schedule for implementation. The district shall submit the plan
to the department along with the report on performance measures
required under ORS 197.301. Corrective action under this section
may include amendment of the urban growth boundary, comprehensive
plan, { + regional framework plan, + } functional plan or land
use regulations as described in ORS 197.296.
' (2) Within two years of submitting a corrective action plan
to the department, the metropolitan service district shall
demonstrate by reference to the performance measures described in
ORS 197.301 that implementation of the plan has resulted in the
buildable land supply and housing density within the urban growth
boundary necessary to accommodate the estimated housing needs for
each housing type as determined under ORS 197.296 (3).
' (3) The failure of the metropolitan service district to
demonstrate the buildable land supply and housing density
necessary to accommodate housing needs as required under this
section and ORS 197.296 may be the basis for initiation of
enforcement action pursuant to ORS 197.319 to 197.335.
' { + SECTION 4. + } ORS 197.637 is amended to read:
' 197.637. (1) Upon request of the Department of Land
Conservation and Development, the Housing and Community Services
Department shall review the inventory and analysis of housing,
and measures taken to address the housing need, required of
certain local governments under ORS 197.296. The review shall
address the likely effect of measures developed by a local
government under ORS 197.296 { - (4) - } { + (6) or (7) + }
on the adequacy of the supply of buildable land and opportunities
to satisfy needs identified under ORS 197.296 (3).
' (2) The Land Conservation and Development Commission and the
Director of the Department of Land Conservation and Development
shall consider the review and any recommendations of the Housing
and Community Services Department when determining whether a
local government has complied with the statewide land use
planning goals and the requirements of ORS 197.296.
' { + SECTION 5. + } { + The amendments to ORS 197.296 by
section 1 of this 2001 Act apply to a periodic review or
legislative review by a local government, except a metropolitan
service district organized under ORS chapter 268, begun on or
after the effective date of this 2001 Act. + }
' { + SECTION 6. + } { + The amendments to ORS 197.296 by
section 1 of this 2001 Act apply to a periodic review or
legislative review by a metropolitan service district organized
under ORS chapter 268 begun on or after January 1, 2000. + } ' .
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