72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1130
House Bill 2100
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Special Task Force on
Jobs and the Economy)
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.
Requires local governments to adopt 20-year forecast of land
and public facility needs for high technology industry. Requires
corresponding amendments to local comprehensive plans, functional
plans and land use regulations to accommodate needs identified in
forecast.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to land use planning for high technology industry; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2003 Act is added to and made
a part of ORS chapter 197. + }
SECTION 2. { + (1) The provisions of this section apply to
local government comprehensive plans for lands:
(a) Within the urban growth boundary for a city with a
population of 25,000 or more and that are not located in a
metropolitan service district; and
(b) Within a metropolitan service district created under ORS
chapter 268.
(2) As part of its next periodic review or other legislative
review of its urban growth boundary, a local government shall
adopt a regionally coordinated 20-year forecast of the land and
public facility needs of the high technology business sector. The
20-year forecast shall be based on an analysis of national, state
and local trends in high technology manufacturing and related
professional services, and local economic development objectives.
(3) A local government shall determine suitable lands necessary
to accommodate needs identified in the 20-year forecast adopted
under subsection (2) of this section. In determining the amount
of land needed, the local government shall consider:
(a) Existing concentrations of high technology manufacturing
and related professional services;
(b) Trends in building densities, including floor area ratios,
for high technology manufacturing and related professional
services;
(c) Measures that demonstrably increase the likelihood that
additional development of high technology manufacturing and
related professional services will:
(A) Use land and infrastructure investments efficiently;
(B) Mix high technology development with other uses; and
(C) Be located and designed to allow for transportation options
for employees and customers; and
(d) Other relevant factors.
(4) A local government shall:
(a) Adopt reasonable and appropriate measures described in
subsection (3)(c) of this section;
(b) Designate an adequate supply of suitable land necessary to
accommodate the land needs determined under subsection (3) of
this section; and
(c) Adopt policies to protect the supply of land necessary for
additional high technology business development.
(5) If a local government determines that its urban growth
boundary does not contain sufficient suitable land to accommodate
the land needs determined under subsection (3) of this section,
the local government shall amend its comprehensive plan,
functional plan or land use regulations to demonstrably increase
the likelihood that forecasted high technology development can be
accommodated within the urban growth boundary.
(6) If action taken under subsection (5) of this section is
insufficient to accommodate forecasted high technology
development land needs, a local government shall amend its urban
growth boundary to include additional land sufficient to
accommodate forecasted land needs.
(7) A local government shall adopt performance measures:
(a) To determine whether it is meeting its local high
technology development objectives; and
(b) To monitor actual use of land designated under subsection
(4)(b) of this section.
(8) At each periodic review or other legislative review of an
urban growth boundary subsequent to the periodic review or other
legislative review of the urban growth boundary described in
subsection (2) of this section, a local government shall:
(a) Report to the Department of Land Conservation and
Development and the Economic and Community Development Department
on the performance measures adopted under subsection (7) of this
section;
(b) Develop and adopt an updated 20-year forecast and land need
determination for high technology development as described in
subsections (2) and (3) of this section;
(c) Modify policies, designations and development standards and
take other corrective action as provided under subsections (4)(a)
and (5) of this section; and
(d) Amend or repeal performance measures adopted under
subsection (7) of this section or adopt new performance measures.
(9) A local government that takes action under this section to
adopt, amend or repeal comprehensive plan provisions or land use
regulations shall demonstrate that the comprehensive plan and
land use regulations comply with the land use planning goals and
are consistent with ORS 197.707 and 197.712. + }
SECTION 3. { + The Land Conservation and Development
Commission shall adopt rules to implement section 2 of this 2003
Act not later than January 1, 2004. + }
SECTION 4. { + A metropolitan service district that is
undergoing legislative review of its urban growth boundary, or
periodic review pursuant to ORS 197.628 to 197.650, on the
effective date of this 2003 Act shall first exercise the duties
and functions under section 2 of this 2003 Act beginning on
January 1, 2004. + }
SECTION 5. { + The governing body of a city with a population
of 25,000 or more shall first exercise the duties and functions
under section 2 of this 2003 Act beginning on the date the Land
Conservation and Development Commission adopts rules under
section 3 of this 2003 Act. + }
SECTION 6. { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
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