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 3958
 
                         House Bill 3074
 
Sponsored by Representative RINGO; Representatives HASS, NOLAN,
  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.
 
  Adds schools and classrooms providing primary and secondary
education, fire protection and rescue services and police
protection to definition of capital improvements for which system
development charges may be imposed.
  Allows system development charges collected as school
improvement fee to be used to acquire land and construct school
buildings and classrooms, but only for residential development
from which fee is collected. Provides exemption for affordable
housing.
 
                        A BILL FOR AN ACT
Relating to system development charges; creating new provisions;
  and amending ORS 223.299.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 223.299 is amended to read:
  223.299. As used in ORS 223.297 to 223.314:
  (1)(a) 'Capital improvement' means facilities or assets used
for the following:
  (A) Water supply, treatment and distribution;
  (B) Waste water collection, transmission, treatment and
disposal;
  (C) Drainage and flood control;
  (D) Transportation;   { - or - }
  (E) Parks and recreation { + ; + }
   { +  (F) Schools and classrooms providing education for
kindergarten through grade 12;
  (G) Fire protection and rescue services; or
  (H) Police protection + }.
  (b) 'Capital improvement' does not include costs of the
operation or routine maintenance of capital improvements.
  (2) 'Improvement fee' means a fee for costs associated with
capital improvements to be constructed.
  (3) 'Reimbursement fee' means a fee for costs associated with
capital improvements already constructed or under construction.
  (4)(a) 'System development charge' means a reimbursement fee,
an improvement fee or a combination thereof assessed or collected
at the time of increased usage of a capital improvement or
issuance of a development permit, building permit or connection
to the Capital improvement. 'System development charge' includes
that portion of a sewer or water system connection charge that is
greater than the amount necessary to reimburse the governmental
unit for its average cost of inspecting and installing
connections with water and sewer facilities.
  (b) 'System development charge' does not include any fees
assessed or collected as part of a local improvement district or
a charge in lieu of a local improvement district assessment, or
the cost of complying with requirements or conditions imposed
upon a land use decision, expedited land division or limited land
use decision.
  SECTION 2.  { + Section 3 of this 2001 Act is added to and made
a part of ORS 223.297 to 223.314. + }
  SECTION 3.  { + (1) A system development charge that is imposed
and collected as an improvement fee for schools and classrooms
providing education for kindergarten through grade 12 may be used
to acquire land and construct school buildings and classrooms
only for the particular residential development or development
project from which the improvement fee is collected. The amount
of land acquired and the capacity of the school buildings and
classrooms constructed shall not be greater than is necessary for
such residential development or development project.
  (2) A system development charge that is imposed and collected
as an improvement fee for schools and classrooms providing
education for kindergarten through grade 12 shall be imposed so
as to exempt affordable housing. As used in this subsection, '
affordable housing' means housing built for individuals with
incomes that are equal to or less than 80 percent of the median
income in the county in which the individuals reside and for
which payments do not exceed 30 percent of the monthly income of
the individuals occupying the housing. + }
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