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 3454
 
                           B-Engrossed
 
                         House Bill 3026
                   Ordered by the House May 4
       Including House Amendments dated April 9 and May 4
 
Sponsored by Representative WITT; Representatives HILL, STARR,
  Senators HARTUNG, STARR
 
 
                             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.
 
  Allows land division and establishment or extension of public
facilities in exclusive farm use zones for purpose of siting
public school, public charter school or private school. Limits
authority to areas within boundary of school district that has
completed school facility plan { +  and is high growth school
district + }.   { +  Requires school district to prepare and
submit to county study of alternative sites. Requires that
approved siting be treated as first priority for inclusion within
urban growth boundary. + }
 
                        A BILL FOR AN ACT
Relating to school siting in exclusive farm use zone.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS chapter 215. + }
  SECTION 2.  { + (1) Subject to subsections (2) and (3) of this
section, the governing body of a county may approve siting of a
public school, a public charter school or a private school on
land zoned for exclusive farm use without regard to:
  (a) Soil type or class; or
  (b) Proximity to an acknowledged urban growth boundary.
  (2) The authority granted by subsection (1) of this section
applies only within the boundaries of a school district that has
completed a school facility plan under ORS 195.110 and is a high
growth school district, as defined in ORS 195.110.
  (3) Before the governing body of a county may exercise the
authority granted by subsection (1) of this section, a school
district must:
  (a) Prepare and submit to the governing body an analysis of
alternative sites that the school district considered; and
  (b) Prepare and submit to the governing body documentation that
the school district considered alternative sites other than sites
that are located on high-value soils and sites that are adjacent
to an existing urban growth boundary.
  (4) Notwithstanding ORS 215.780 and consistent with ORS 215.263
(1) and (3), the governing body of a county may approve a land
 
division for the purpose of siting a public school, a public
charter school or a private school.
  (5) Notwithstanding ORS 197.712 and rules adopted thereunder,
the governing body of a county may approve establishing or
extending public facilities to a lot or parcel created or
acquired for the purpose of siting a public school, a public
charter school or a private school. Public facilities established
or extended to serve a public school, a public charter school or
a private school site that is located within an acknowledged
urban growth boundary shall comply with an agreement developed
under ORS 195.065 regarding urban services.
  (6) As used in this section, 'public facilities' means:
  (a) Potable water systems;
  (b) Sanitary sewers;
  (c) Storm sewers;
  (d) Streets and roads necessary for access;
  (e) Gas and electric utilities; and
  (f) Telecommunications utilities.
  (7) A siting approved under subsection (1) of this section
shall be treated as first priority under ORS 197.298 for
inclusion within an urban growth boundary. + }
                         ----------