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 3408
House Bill 3486
Sponsored by Representative DALTO
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.
Includes public safety facilities and assets in capital
improvements for which system development charges may be assessed
and collected. Allows governmental units to expend system
development charges assessed and collected for parks and
recreation facilities or assets to be expended for for public
safety facilities or assets.
Sunsets changes in five years.
Takes effect on 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to system development charges; creating new provisions;
amending ORS 223.299; and prescribing an effective date.
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 { + and public safety, including
facilities for police, fire protection, emergency medical care,
rescue services and local correctional facilities and juvenile
detention facilities, both as defined in ORS 169.005 + }.
(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 2003 Act is added to and made
a part of ORS 223.297 to 223.314. + }
SECTION 3. { + (1) Notwithstanding any other provisions of ORS
223.297 to 223.314, a system development charge assessed and
collected for parks and recreation under a methodology adopted
prior to the amendments to ORS 223.299 by section 1 of this 2003
Act may be expended for capital improvements for parks and
recreation or capital improvements for public safety.
(2) A governmental unit that expends moneys under subsection
(1) of this section for public safety facilities or assets shall
establish a methodology in accordance with ORS 223.297 to 223.314
for the equitable conversion of moneys collected from system
development charges assessed to increase capacity in parks and
recreation facilities or assets to use to increase capacity of
public safety facilities or assets. + }
SECTION 4. ORS 223.299, as amended by section 1 of this 2003
Act, 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 { - and public safety, including
facilities for police, fire protection, emergency medical care,
rescue services and local correctional facilities and juvenile
detention facilities, both as defined in ORS 169.005 - } .
(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 5. { + Section 4 of this 2003 Act becomes operative
five years after the effective date of this 2003 Act. + }
SECTION 6. { + Section 3 of this 2003 Act is repealed five
years after the effective date of this 2003 Act. + }
SECTION 7. { + This 2003 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-second
Legislative Assembly adjourns sine die. + }
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