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 2798
 
                         House Bill 3244
 
Sponsored by Representative G SMITH; Representative GARRARD
 
 
                             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.
 
  Directs Land Conservation and Development Commission to
establish subcommittees to exercise jurisdiction over eastern and
western Oregon. Requires full commission to ratify decisions of
subcommittee.
 
                        A BILL FOR AN ACT
Relating to the Land Conservation and Development Commission;
  amending ORS 197.040.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 197.040 is amended to read:
  197.040. (1) The Land Conservation and Development Commission
shall:
  (a) Direct the performance by the Director of the Department of
Land Conservation and Development and the director's staff of
their functions under ORS chapters 195, 196 and 197.
  (b) In accordance with the provisions of ORS 183.310 to
183.550, adopt rules that it considers necessary to carry out ORS
chapters 195, 196 and 197. Except as provided in subsection (3)
of this section, in designing its administrative requirements,
the commission shall:
  (A) Allow for the diverse administrative and planning
capabilities of local governments;
  (B) Assess what economic and property interests will be, or are
likely to be, affected by the proposed rule;
  (C) Assess the likely degree of economic impact on identified
property and economic interests; and
  (D) Assess whether alternative actions are available that would
achieve the underlying lawful governmental objective and would
have a lesser economic impact.
  (c)(A) Adopt by rule in accordance with ORS 183.310 to 183.550
or by goal under ORS chapters 195, 196 and 197 any statewide land
use policies that it considers necessary to carry out ORS
chapters 195, 196 and 197.
  (B) Adopt by rule in accordance with ORS 183.310 to 183.550 any
procedures necessary to carry out ORS 215.402 (4)(b) and 227.160
(2)(b).
  (C) Review decisions of the Land Use Board of Appeals and land
use decisions of the Court of Appeals and the Supreme Court
within 120 days of the date the decisions are issued to determine
if goal or rule amendments are necessary.
 
  (d) Cooperate with the appropriate agencies of the United
States, this state and its political subdivisions, any other
state, any interstate agency, any person or groups of persons
with respect to land conservation and development.
  (e) Appoint advisory committees to aid it in carrying out ORS
chapters 195, 196 and 197 and provide technical and other
assistance, as it considers necessary, to each such committee.
  (2) Pursuant to ORS chapters 195, 196 and 197, the commission
shall:
  (a) Adopt, amend and revise goals consistent with regional,
county and city concerns;
  (b) Prepare, collect, provide or cause to be prepared,
collected or provided land use inventories;
  (c) Prepare statewide planning guidelines;
  (d) Review comprehensive plans for compliance with goals;
  (e) Coordinate planning efforts of state agencies to assure
compliance with goals and compatibility with city and county
comprehensive plans;
  (f) Insure widespread citizen involvement and input in all
phases of the process;
  (g) Review and recommend to the Legislative Assembly the
designation of areas of critical state concern;
  (h) Report periodically to the Legislative Assembly and to the
 { + Joint Legislative + } Committee { +  on Land Use established
under ORS 197.125 + }; and
  (i) Perform other duties required by law.
  (3) The requirements of subsection (1)(b) of this section shall
not be interpreted as requiring an assessment for each lot or
parcel that could be affected by the proposed rule.  { +
  (4)(a) The commission shall establish two subcommittees of
commission members. One subcommittee shall exercise the functions
imposed on the commission by law for those areas of the state
located to the east of the summit of the Cascade Mountains. The
other subcommittee shall exercise the functions imposed on the
commission by law for those areas of the state located to the
west of the summit of the Cascade Mountains. A member appointed
to the commission under ORS 197.030 or section 2, chapter 833,
Oregon Laws 1999, representing counties located east of the
summit of the Cascade Mountains shall serve on the subcommittee
exercising jurisdiction east of the summit of the Cascade
Mountains.
  (b) Acknowledgement of and amendment to a comprehensive plan or
land use regulation or a new land use regulation under ORS
197.610 to 197.650 by a subcommittee established under this
section shall be ratified by the full commission as provided
under ORS 197.035 (2).
  (c) For purposes of ORS 197.090 (2), the appropriate
subcommittee shall approve or reject a request by the director to
proceed with an appeal of a local land use decision. A decision
by the subcommittee to proceed or not proceed with the appeal
shall be ratified by the full commission as provided under ORS
197.035 (2).
  (d) Each subcommittee shall undertake a review of all agency
rules that apply to land under the subcommittee's jurisdiction
and, in the manner provided under ORS 183.310 to 183.550, may
amend the rules as the subcommittee considers necessary. Actions
to adopt, amend or repeal a rule under this paragraph shall be
ratified by the full commission as provided under ORS 197.035
(2). + }
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