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 1690
 
                           A-Engrossed
 
                         House Bill 2978
                  Ordered by the House April 9
            Including House Amendments dated April 9
 
Sponsored by Representative MORGAN (at the request of Oregon
  Building Industry Association)
 
 
                             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.
 
  Prohibits local government or special district from adopting
 { +  or extending + } public facilities strategy unless
justified by written findings and public hearing. Specifies what
findings must demonstrate.
  Limits effective period of public facilities strategy to 24
months. { +  Provides that public facilities strategy may not be
extended more than three times. Limits each extension to one
year. + }
 
                        A BILL FOR AN ACT
Relating to public facilities strategy; creating new provisions;
  and amending ORS 197.768.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 197.768 is amended to read:
  197.768.  { + (1) As used in this section, 'special district '
has the meaning given that term in ORS 197.505. + }
    { - (1) - }   { + (2)(a) + } A local government  { + or
special district + } may adopt a public facilities strategy
 { - as described in subsection (2) of this section. A public
facilities strategy may be implemented if it - }  { +  if the
public facilities strategy + }:
    { - (a)(A) - }   { + (A)(i) + } Is acknowledged under ORS
197.251; or
    { - (B) - }   { + (ii) + } Is approved by the Land
Conservation and Development Commission under ORS 197.628 to
197.650; and
    { - (b) - }   { + (B) + } Meets the requirements of
 { - subsection (2) of - }  this section.
   { +  (b) If a special district seeks to implement a public
facilities strategy, that special district is considered a local
government for the purposes of ORS 197.251 and 197.628 to
197.650. + }
    { - (2) - }   { + (3) + } A  { + local government or special
district may adopt a + } public facilities strategy   { - adopted
under subsection (1) of this section shall - }  { +  only if the
local government or special district + }:
 
    { - (a) Include a statement of purpose that limits the public
facilities strategy to situations in which clear and objective
standards demonstrate that: - }
    { - (A) There is a rapid increase in land development in a
specific geographical area; and - }
    { - (B) The total land development would exceed the planned
or existing capacity of public facilities; - }
    { - (b) Include a detailed description of actions and
practices a local government may engage in to control the time
and sequence of development approvals in response to the
identified deficiencies in public facilities; and - }
    { - (c) Set forth the procedures, notice and findings that
allow the local government to proceed under this section. - }
   { +  (a) Makes written findings justifying the need for the
public facilities strategy;
  (b) Holds a public hearing on the adoption of a public
facilities strategy and the findings that support the adoption of
the public facilities strategy; and
  (c) Provides written notice to the Department of Land
Conservation and Development at least 45 days prior to the final
public hearing that is held to consider the adoption of the
public facilities strategy.
  (4) At a minimum, the findings under subsection (3) of this
section must demonstrate that:
  (a) There is a rapid increase in the rate or intensity of land
development in a specific geographical area that was
unanticipated at the time the original planning for that area was
adopted;
  (b) The total land development expected within the specific
geographic area will exceed the planned or existing capacity of
public facilities; and
  (c) The public facilities strategy is structured to ensure that
the necessary supply of housing and commercial and industrial
facilities that will be impacted within the relevant geographic
area is not unreasonably restricted by the adoption of the public
facilities strategy.
  (5) A public facilities strategy shall include a clear,
objective and detailed description of actions and practices a
local government or special district may engage in to control the
time and sequence of development approvals in response to the
identified deficiencies in public facilities.
  (6) A public facilities strategy shall be effective for no more
than 24 months after the date on which it is adopted, but may be
extended, subject to subsection (7) of this section, provided the
local government or special district adopting the public
facilities strategy holds a public hearing on the proposed
extension and adopts written findings that:
  (a) Verify that the problem giving rise to the need for a
public facilities strategy still exists;
  (b) Demonstrate that reasonable progress is being made to
alleviate the problem giving rise to the need for a public
facilities strategy; and
  (c) Set a specific duration for the extension of the public
facilities strategy.
  (7)(a) A local government or special district considering an
extension of a public facilities strategy shall give the
department notice at least 14 days prior to the date of the
public hearing on the extension.
  (b) A single extension may not exceed one year, and a public
facilities strategy may not be extended more than three
times. + }
  SECTION 2.  { + The amendments to ORS 197.768 by section 1 of
this 2001 Act apply to public facilities strategies adopted
before, on or after the effective date of this 2001 Act. + }
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