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 2019
 
                           A-Engrossed
 
                         House Bill 3016
                  Ordered by the House April 18
            Including House Amendments dated April 18
 
Sponsored by Representative RICHARDSON (at the request of
  Oregonians in Action)
 
 
                             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.
 
   { +  Defines clustered and local government. + }
  Authorizes dwellings clustered in rural areas to be served by
sewer systems. { +  Requires owners of clustered dwellings to be
served by sewer system to enter into common maintenance agreement
in favor of local government.
  Prohibits land use planning goals and administrative rules that
conflict with establishing sewer systems serving dwellings
clustered in rural areas. + }
 
                        A BILL FOR AN ACT
Relating to sewer systems in rural areas.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 2 and 3 of this 2003 Act:
  (1) 'Clustered' means that dwellings are situated so that
establishment of an approved community sewer system or alternate
sewage disposal system is practicable, provides protection for
the public health and maintains or improves environmental
quality.
  (2) 'Local government' has the meaning given that term in ORS
174.116. + }
  SECTION 2.  { + (1) The owners of dwellings clustered in rural
areas may:
  (a) Establish a community sewer system or alternate sewage
disposal system approved by the Environmental Quality Commission
or the Department of Environmental Quality under ORS chapter 454,
468 or 468B to serve the dwellings; or
  (b) Be served by a sewer system established by a nearby local
government.
  (2) A local government may provide a sewer connection to
dwellings clustered on rural lands that abut or are within one
mile of the boundary of the local government. + }
  SECTION 3.  { + Prior to obtaining approval from the
Environmental Quality Commission or the Department of
Environmental Quality for the installation of a community sewer
system or an alternative sewage disposal system under section 2
of this 2003 Act, the owners of each dwelling to be served by the
system shall enter into a common maintenance agreement in favor
of a local government that constitutes a deed restriction to be
recorded by the local government in the deed records of the
county. The maintenance agreement must:
  (1) Allocate proportionate shares of the cost of maintenance of
the system to the lots and parcels on which the dwellings to be
served are located;
  (2) Authorize the local government to enforce the provisions of
the agreement; and
  (3) Authorize the local government to recover attorney fees and
the actual costs incurred to enforce the agreement. + }
  SECTION 4.  { + (1) The Land Conservation and Development
Commission may not adopt or apply a land use planning goal or an
administrative rule that conflicts with section 2 of this 2003
Act.
  (2) Not later than July 1, 2004, the commission shall amend or
repeal a land use planning goal or an administrative rule that
conflicts with section 2 of this 2003 Act. + }
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