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 2411
 
                           B-Engrossed
 
                         Senate Bill 467
                 Ordered by the Senate August 12
    Including Senate Amendments dated April 23 and August 12
 
Sponsored by Senator METSGER, Representative P SMITH
 
 
                             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.
 
    { - Directs - }   { + Establishes Economic Revitalization
Team. Directs team and + } Economic and Community Development
Department to work with local governments and affected agencies
to identify and prioritize up to 25 sites for industrial
development or other traded sector uses. Directs department to
establish site certification process for land available for
industrial development.
    { - Creates Community Solutions Office. - }  Specifies state
agencies composing   { - community solutions team - }  { +
regulatory efficiency group + }. Directs certain state agencies
to provide staff and resources to implement industrial site
identification process.  { +  Authorizes one-time use of interest
earnings of Special Public Works Fund to pay expenses incurred to
implement specified portions of Act. + }
  Directs Division of State Lands to develop expedited process
for identifying and mitigating loss of wetlands or water on sites
identified for industrial development.
  Directs Oregon Economic and Community Development Commission to
develop state economic development strategy. Specifies duties of
certain state agencies to assist in developing and implementing
strategy.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to economic development; creating new provisions;
  amending ORS 215.427, 227.178, 285B.283, 285B.286 and 285B.455;
  appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + The Legislative Assembly finds that:
  (1) There is a need for a statewide inventory of sites that are
planned and zoned for industrial or traded sector uses and are
ready for development;
  (2) There is a need to improve coordination among local,
regional and state agencies with respect to economic development
programs, planning and policy; and
  (3) There is a need for additional methodologies and guidance
to assist local governments in economic development planning. + }
 
  SECTION 2.  { + As used in sections 1 to 12 of this 2003 Act,
unless the context requires otherwise, 'traded sector' has the
meaning given that term in ORS 285A.010. + }
  SECTION 3.  { + (1) The Economic Revitalization Team
established pursuant to section 4 of this 2003 Act, in
conjunction with the Economic and Community Development
Department, shall work with local governments, as defined in ORS
174.116, and affected state agencies to identify and prioritize
up to 25 sites to be used for industrial or traded sector uses.
  (2) The team, and the department, shall identify sites that are
consistent with data collected by the department from businesses
seeking to locate or expand in Oregon and shall prioritize sites
that are:
  (a) Of sufficient size to meet industrial or traded sector
needs, as expressed in inquiries received by the department from
businesses seeking to locate or expand in Oregon;
  (b) Owned and held in a manner that facilitates efficient
industrial or traded sector development;
  (c) Within the jurisdiction of a local government that shows a
willingness to cooperate in siting new development;
  (d) Served by necessary public facilities and infrastructure,
including transportation facilities, or such facilities and
infrastructure can be provided within a reasonable period of
time;
  (e) Subject to few, if any, environmental constraints, or
constraints that can be mitigated within a reasonable period of
time; and
  (f) Zoned in a manner that allows the desired industrial or
traded sector development, or can be zoned in that manner within
a reasonable period of time.
  (3) To assist the team, and the department, in identifying and
prioritizing sites under this section, the Director of the
Economic and Community Development Department shall convene an
advisory committee consisting of eight members, including a
county representative and a city representative, who are
knowledgeable about the need for and requirements of industrial
and traded sector development and the availability of land for
industrial or traded sector development within the state.
  (4) The team, and the department, shall identify and prioritize
sites under this section not later than December 15, 2003. + }
  SECTION 4.  { + (1) The Governor shall establish the Economic
Revitalization Team in the office of the Governor for the purpose
of coordinating and streamlining state policies, programs and
procedures and providing coordinated state agency assistance to
local governments.
  (2) The team shall establish a regulatory efficiency group to
assist the team consisting of the directors of the following
state agencies:
  (a) The Department of Environmental Quality;
  (b) The Economic and Community Development Department;
  (c) The Department of Transportation;
  (d) The Division of State Lands;
  (e) The Department of Land Conservation and Development;
  (f) The State Department of Agriculture;
  (g) The Housing and Community Services Department; and
  (h) Other appropriate agencies as determined by the Governor.
  (3) Subject to the direction of the Governor, the team shall:
  (a) Develop mechanisms to increase coordination among agencies
on common activities;
  (b) Coordinate the activities of state agencies on specific
state and local projects;
  (c) Coordinate the planning and permitting activities of state
agencies for the sites identified for industrial or traded sector
development under section 3 of this 2003 Act;
  (d) Coordinate activities of the regulatory efficiency group
agencies with local governments;
  (e) Coordinate the grant and loan activities of state agencies
to implement section 3 of this 2003 Act;
  (f) Participate in the rulemaking activities of regulatory
efficiency group agencies to coordinate economic development
activities;
  (g) Prepare a report for the Seventy-second Legislative
Assembly on the sites identified for industrial or traded sector
development under section 3 of this 2003 Act, including a
description of each site and the economic benefit expected from
site development. If fewer than 25 sites are identified, the
report must include an analysis of why the target set forth in
section 3 of this 2003 Act was not achieved;
  (h) Prepare a report for the Seventy-second Legislative
Assembly with specific recommendations regarding the future of
the team; and
  (i) Undertake other activities as directed by the Governor.
  (4) The team shall establish an advisory committee of
individuals familiar with agency permit procedures to advise the
Governor and the regulatory efficiency group agencies on permit
issues related to economic development.
  (5) The team shall submit a report detailing its activities to
the Legislative Assembly in the manner described in ORS 192.245
not later than January 31 of each odd-numbered year. The report
must include:
  (a) Case studies that demonstrate the types of problems
encountered in coordinating agency functions;
  (b) Case studies that demonstrate statutory impediments to
efficient economic development; and
  (c) Recommendations for legislative measures to improve agency
operations and statewide economic development.
  (6) The team or a state agency working with the team to
implement sections 1 to 12 of this 2003 Act or a state agency
implementing sections 16 to 20 of this 2003 Act may:
  (a) Accept and expend funds received from gifts, grants or
other sources as necessary to perform activities authorized under
sections 1 to 12 or 16 to 20 of this 2003 Act.
  (b) Enter into contracts and other agreements as necessary to
perform activities authorized under sections 1 to 12 or 16 to 20
of this 2003 Act. + }
  SECTION 5.  { + The Economic Revitalization Team established
pursuant to section 4 of this 2003 Act, acting through the
regulatory efficiency group agencies, shall:
  (1) Give priority to expediting permits or other actions
necessary for development projects proposed for a site identified
for industrial or traded sector development under section 3 of
this 2003 Act; and
  (2) Take actions that are necessary to facilitate the
implementation of the state economic development strategy
developed under section 16 of this 2003 Act. + }
  SECTION 6.  { + (1) The Division of State Lands shall develop
and implement an expedited process for identifying and mitigating
loss of wetlands or other waters of the state on sites identified
for industrial or traded sector development under section 3 of
this 2003 Act.
  (2) The division shall adopt administrative rules to implement
the expedited process required under this section not later than
six months after the effective date of this 2003 Act. + }
  SECTION 7.  { + The Department of Environmental Quality may
request federal grant moneys to assist in assessment and
remediation of contamination on a site identified for industrial
or traded sector development under section 3 of this 2003
Act. + }
  SECTION 8.  { + The Land Conservation and Development
Commission shall:
 
 
  (1) In conjunction with the Economic Revitalization Team,
establish a committee to study and report to the Governor on the
conversion of industrial land to nonindustrial land.
  (2) Adopt administrative rules to ensure that final action is
taken not later than 180 days after submission of amendments to a
comprehensive plan and land use regulations or submission of a
new land use regulation when the changes are necessary to
expedite and facilitate industrial or traded sector development
of a site identified under section 3 of this 2003 Act, including
rules establishing time limits for interested parties or the
Department of Land Conservation and Development to take exception
to the amendments or the new land use regulation and time limits
for scheduling a hearing if one is required.
  (3) Adopt, amend or repeal administrative rules as necessary to
expedite and facilitate industrial or traded sector development
of a site identified under section 3 of this 2003 Act. + }
  SECTION 9.  { + The Oregon Transportation Commission shall
identify an amount, to be drawn from an account established by
the commission for immediate transportation opportunities or from
any other fund as determined by the commission, that the
commission determines is necessary to resolve transportation
constraints on a site identified for industrial or traded sector
development under section 3 of this 2003 Act. + }
  SECTION 10.  { + Under the direction of the Economic
Revitalization Team established pursuant to section 4 of this
2003 Act, the following state agencies shall provide staff and
resources as necessary to implement the industrial or traded
sector site identification and prioritization described in
section 3 of this 2003 Act:
  (1) The Economic and Community Development Department;
  (2) The Department of Land Conservation and Development;
  (3) The Department of Transportation;
  (4) The Department of Environmental Quality; and
  (5) The Division of State Lands. + }
  SECTION 11.  { + (1) With regard to compliance with ORS 196.800
to 196.900, the Director of the Division of State Lands may:
  (a) Provide technical assistance to property owners, state
agencies and local governments, as defined in ORS 174.116,
regarding sites identified for industrial or traded sector
development under section 3 of this 2003 Act; and
  (b) Provide technical assistance for transportation facilities
related to industrial or traded sector development of a site
identified under section 3 of this 2003 Act.
  (2) Technical assistance provided under this section may
include guiding, reviewing and approving the sufficiency of the
required elements of an application for a removal or fill permit
under ORS 196.825, including but not limited to a site plan,
jurisdictional determination, an alternatives analysis and a
mitigation plan. + }
  SECTION 12.  { + The Economic and Community Development
Department, in coordination with the Economic Revitalization Team
established pursuant to section 4 of this 2003 Act, shall develop
and administer a process for certifying sites throughout the
state that are ready for industrial or traded sector
development. + }
  SECTION 13. ORS 285B.283 is amended to read:
  285B.283.   { - (1) - }  The Legislative Assembly declares that
it is the policy of the State of Oregon  { - , - }  { + :
  (1) + } Working with private firms, industry associations and
others, to encourage cooperative sector-based strategies to
promote industrial competitiveness.
  (2)   { - The Legislative Assembly declares that it is also the
policy of this state - }  That programs to develop particular
sectors of this state's economy, to the maximum extent feasible,
include firms of all sizes. To promote that policy, the Economic
and Community Development Department shall undertake
 { - such - }  efforts as are necessary to   { - assure - }
 { + ensure + } representative participation by small firms under
ORS 285B.280 to 285B.286.
  (3)   { - The Legislative Assembly further declares that it is
the policy of this state - }  To emphasize industry development
in those sectors of the economy in which Oregon firms face
national and international competition.
   { +  (4) To provide an adequate supply of industrial and
traded sector sites that are available for immediate
development. + }
  SECTION 14. ORS 285B.286 is amended to read:
  285B.286. For traded sector industries, the Economic and
Community Development Department shall undertake industry
development activities   { - which - }   { + that + } may
include, but are not limited to, all of the following:
  (1) Focus groups and other meetings and related studies to
identify traded sector industry members and issues of common
concern within an industry.
  (2) State technical and financial support for formation of
industry associations, publication of association directories and
related efforts to create or expand the activities of industry
associations.
  (3) Helping establish research consortia.
  (4) Joint training and education programs and curricula related
to the specific needs of traded sector industries.
  (5) Cooperative market development activities.
  (6) Analysis of the need, feasibility and cost for establishing
product certification and testing facilities and services.
   { +  (7) State technical and financial support to facilitate
certification of sites as ready for development for traded sector
industry. The support may include performing site assessments to
determine the costs associated with development of individual
sites. + }
  SECTION 15. ORS 285B.455 is amended to read:
  285B.455. (1) There is created the Special Public Works Fund,
separate and distinct from the General Fund. All moneys credited
to the Special Public Works Fund are appropriated continuously
and shall be used for the purposes outlined in ORS 285A.075 (9)
and 285B.410 to 285B.479. There shall be credited to the Special
Public Works Fund, money appropriated to the fund by the
Legislative Assembly, earnings on the fund, repayment of
financial assistance and bond proceeds as authorized under ORS
285B.410 to 285B.479.
  (2) Moneys in the Special Public Works Fund, with the approval
of the State Treasurer, may be invested as provided by ORS
293.701 to 293.820 and the earnings from such investments shall
be credited to the account in the Special Public Works Fund
designated by the Economic and Community Development Department.
  (3) The Economic and Community Development Department shall be
the agency for the State of Oregon for the administration of the
Special Public Works Fund.
  (4) The department may establish such other accounts within the
Special Public Works Fund for the payment of project costs,
reserves, debt service payments, credit enhancement,
administration and operation expenses or any other purpose
necessary to carry out ORS 285B.410 to 285B.479.
  (5) Out of moneys in the Special Public Works Fund, the
department may:
  (a) Make technical assistance grants and loans to
municipalities   { - of less than 5,000 residents. A technical
assistance grant shall not exceed $10,000. A technical assistance
loan shall not exceed $20,000. No more than $400,000 or one
percent of the value of the fund, whichever is less, shall be
expended on technical assistance grants and loans in any - }
 { + . The department may not expend more than one percent of the
 
value of the Special Public Works Fund for technical assistance
grants and loans to municipalities in a  + }biennium.
  (b) Make grants to municipalities to provide local matching
funds for the purposes of a project described in ORS 285B.410
(3)(e) in an amount that does not exceed $2.5 million in any
biennium.
  SECTION 16.  { + (1) The Governor shall direct the Oregon
Economic and Community Development Commission, in consultation
with the Economic Revitalization Team established pursuant to
section 4 of this 2003 Act and other state agencies as
appropriate, to appoint an advisory committee composed of
representatives of local governments, ports, local economic
development organizations and private industry and other
individuals familiar with economic development strategies to
assist the commission in developing a state economic development
strategy. The commission shall, by administrative rule, adopt and
periodically update the strategy.  The strategy must focus on:
  (a) Creating, expanding and retaining Oregon businesses;
  (b) Assisting in the development and growth of competitive
industrial sectors;
  (c) Creating jobs by attracting new businesses to Oregon;
  (d) Providing economic development tools and resources to
Oregon communities;
  (e) Assisting local communities and regions in developing and
maintaining economic development plans that are coordinated with
the state economic development strategy;
  (f) Providing an adequate supply of industrial, commercial and
retail sites available for immediate development inside urban
growth boundaries;
  (g) Providing public infrastructure in a timely manner;
  (h) Resolving constraints on and removing barriers to the
timely development of industrial and traded sector sites; and
  (i) Developing recommendations for prioritizing state loans,
grants and technical assistance to local governments that meet
the objectives of the state economic development strategy.
  (2) The commission shall present the state economic development
strategy to the Governor and the Seventy-second Legislative
Assembly not later than June 30, 2004, including a report on
actions taken to implement the strategy. + }
  SECTION 17.  { + In furtherance of the state economic
development strategy developed under section 16 of this 2003 Act,
the Land Conservation and Development Commission shall:
  (1) Provide local governments with basic and advanced methods
for identifying, analyzing and providing for industrial,
commercial and retail development sites.
  (2) Develop and provide guidebooks and other appropriate
materials to assist local governments in identifying and
analyzing potential industrial, commercial and retail development
sites.
  (3) Provide local governments with technical assistance to
assist in completing the identification and analysis and in
amending comprehensive plans and land use regulations based on
the identification and analysis.
  (4) Provide grants to local governments in a manner that
furthers the implementation of the state economic development
strategy.
  (5) Adopt, amend or repeal administrative rules and procedures
as necessary to ensure that the following actions can be
accomplished in a timely manner:
  (a) Expansion of urban growth boundaries where necessary to
accommodate industrial or traded sector development;
  (b) Review of amendments to comprehensive plans and land use
regulations and periodic review of comprehensive plans and land
use regulations; and
  (c) Focus the resources of the Department of Land Conservation
and Development on issues related to land supply within urban
growth boundaries and transportation and public facilities
necessary to stimulate economic growth. + }
  SECTION 18.  { + In furtherance of the state economic
development strategy developed under section 16 of this 2003 Act,
the Department of Transportation shall:
  (1) Develop a process to prioritize funding for transportation
projects that further the state economic development strategy.
  (2) Develop and maintain state transportation policies and a
comprehensive long-range plan for a safe, multimodal
transportation system that encourages economic efficiency and
orderly economic development and that maximizes the use of
existing transportation infrastructure.
  (3) Take actions that are necessary to ensure that department
policies and activities are implemented in a manner that supports
the state economic development strategy.
  (4) Expedite the processing of permits issued by the department
for transportation projects that further the state economic
development strategy. + }
  SECTION 19.  { + In furtherance of the state economic
development strategy developed under section 16 of this 2003 Act,
the Division of State Lands shall:
  (1) Consistent with ORS 196.674, focus wetlands inventories on
areas described in the state economic development strategy. The
division may provide grants and technical assistance to local
governments to conduct the inventories.
  (2) Develop a site assessment methodology for rapidly
determining the capacity of a site for economic development. The
methodology shall address site-specific impediments to
development and any costs associated with compliance with ORS
196.800 to 196.900. + }
  SECTION 20.  { + Local governments, as defined in ORS 174.116,
shall participate in the implementation of the state economic
development strategy developed under section 16 of this 2003 Act
by demonstrating a willingness to:
  (1) Coordinate local economic development plans with the state
economic development strategy; and
  (2) Expedite amendments to comprehensive plans and land use
regulations. + }
  SECTION 21. ORS 215.427 is amended to read:
  215.427. (1) Except as provided in subsections (3) and (4) of
this section, for land within an urban growth boundary and
applications for mineral aggregate extraction, the governing body
of a county or its designee shall take final action on an
application for a permit, limited land use decision or zone
change, including resolution of all appeals under ORS 215.422,
within 120 days after the application is deemed complete. The
governing body of a county or its designee shall take final
action on all other applications for a permit, limited land use
decision or zone change, including resolution of all appeals
under ORS 215.422, within 150 days after the application is
deemed complete, except as provided in subsections (3) and (4) of
this section.
  (2) If an application for a permit, limited land use decision
or zone change is incomplete, the governing body or its designee
shall notify the applicant of exactly what information is missing
within 30 days of receipt of the application and allow the
applicant to submit the missing information. The application
shall be deemed complete for the purpose of subsection (1) of
this section upon receipt by the governing body or its designee
of the missing information. If the applicant refuses to submit
the missing information, the application shall be deemed complete
for the purpose of subsection (1) of this section on the 31st day
after the governing body first received the application.
  (3) { + (a) + } If the application was complete when first
submitted or the applicant submits the requested additional
information within 180 days of the date the application was first
submitted and the county has a comprehensive plan and land use
regulations acknowledged under ORS 197.251, approval or denial of
the application shall be based upon the standards and criteria
that were applicable at the time the application was first
submitted.
   { +  (b) If the application is for industrial or traded sector
development of a site identified under section 3 of this 2003 Act
and proposes an amendment to the comprehensive plan, approval or
denial of the application must be based upon the standards and
criteria that were applicable at the time the application was
first submitted, provided the application complies with paragraph
(a) of this subsection. + }
  (4) The period set in subsection (1) of this section may be
extended for a reasonable period of time at the request of the
applicant.
  (5) The period set in subsection (1) of this section applies:
  (a) Only to decisions wholly within the authority and control
of the governing body of the county; and
  (b) Unless the parties have agreed to mediation as described in
ORS 197.319 (2)(b).
  (6) Notwithstanding subsection (5) of this section, the period
set in subsection (1) of this section does not apply to an
amendment to an acknowledged comprehensive plan or land use
regulation or adoption of a new land use regulation that was
forwarded to the Director of the Department of Land Conservation
and Development under ORS 197.610 (1).
  (7) Except when an applicant requests an extension under
subsection (4) of this section, if the governing body of the
county or its designee does not take final action on an
application for a permit, limited land use decision or zone
change within 120 days or 150 days, as applicable, after the
application is deemed complete, the county shall refund to the
applicant either the unexpended portion of any application fees
or deposits previously paid or 50 percent of the total amount of
such fees or deposits, whichever is greater. The applicant is not
liable for additional governmental fees incurred subsequent to
the payment of such fees or deposits. However, the applicant is
responsible for the costs of providing sufficient additional
information to address relevant issues identified in the
consideration of the application.
  (8) A county may not compel an applicant to waive the period
set in subsection (1) of this section or to waive the provisions
of subsection (7) of this section or ORS 215.429 as a condition
for taking any action on an application for a permit, limited
land use decision or zone change except when such applications
are filed concurrently and considered jointly with a plan
amendment.
  SECTION 22. ORS 227.178 is amended to read:
  227.178. (1) Except as provided in subsections (3) and (4) of
this section, the governing body of a city or its designee shall
take final action on an application for a permit, limited land
use decision or zone change, including resolution of all appeals
under ORS 227.180, within 120 days after the application is
deemed complete.
  (2) If an application for a permit, limited land use decision
or zone change is incomplete, the governing body or its designee
shall notify the applicant of exactly what information is missing
within 30 days of receipt of the application and allow the
applicant to submit the missing information. The application
shall be deemed complete for the purpose of subsection (1) of
this section upon receipt by the governing body or its designee
of the missing information. If the applicant refuses to submit
the missing information, the application shall be deemed complete
for the purpose of subsection (1) of this section on the 31st day
after the governing body first received the application.
 
  (3) { + (a) + } If the application was complete when first
submitted or the applicant submits the requested additional
information within 180 days of the date the application was first
submitted and the city has a comprehensive plan and land use
regulations acknowledged under ORS 197.251, approval or denial of
the application shall be based upon the standards and criteria
that were applicable at the time the application was first
submitted.
   { +  (b) If the application is for industrial or traded sector
development of a site identified under section 3 of this 2003 Act
and proposes an amendment to the comprehensive plan, approval or
denial of the application must be based upon the standards and
criteria that were applicable at the time the application was
first submitted, provided the application complies with paragraph
(a) of this subsection. + }
  (4) The 120-day period set in subsection (1) of this section
may be extended for a reasonable period of time at the request of
the applicant.
  (5) The 120-day period set in subsection (1) of this section
applies:
  (a) Only to decisions wholly within the authority and control
of the governing body of the city; and
  (b) Unless the parties have agreed to mediation as described in
ORS 197.319 (2)(b).
  (6) Notwithstanding subsection (5) of this section, the 120-day
period set in subsection (1) of this section does not apply to an
amendment to an acknowledged comprehensive plan or land use
regulation or adoption of a new land use regulation that was
forwarded to the Director of the Department of Land Conservation
and Development under ORS 197.610 (1).
  (7) Except when an applicant requests an extension under
subsection (4) of this section, if the governing body of the city
or its designee does not take final action on an application for
a permit, limited land use decision or zone change within 120
days after the application is deemed complete, the city shall
refund to the applicant, subject to the provisions of subsection
(8) of this section, either the unexpended portion of any
application fees or deposits previously paid or 50 percent of the
total amount of such fees or deposits, whichever is greater. The
applicant is not liable for additional governmental fees incurred
subsequent to the payment of such fees or deposits. However, the
applicant is responsible for the costs of providing sufficient
additional information to address relevant issues identified in
the consideration of the application.
  (8)(a) To obtain a refund under subsection (7) of this section,
the applicant may either:
  (A) Submit a written request for payment, either by mail or in
person, to the city or its designee; or
  (B) Include the amount claimed in a mandamus petition filed
under ORS 227.179. The court shall award an amount owed under
this section in its final order on the petition.
  (b) Within seven calendar days of receiving a request for a
refund, the city or its designee shall determine the amount of
any refund owed. Payment, or notice that no payment is due, shall
be made to the applicant within 30 calendar days of receiving the
request. Any amount due and not paid within 30 calendar days of
receipt of the request shall be subject to interest charges at
the rate of one percent per month, or a portion thereof.
  (c) If payment due under paragraph (b) of this subsection is
not paid within 120 days after the city or its designee receives
the refund request, the applicant may file an action for recovery
of the unpaid refund. In an action brought by a person under this
paragraph, the court shall award to a prevailing applicant, in
addition to the relief provided in this section, reasonable
attorney fees and costs at trial and on appeal. If the city or
its designee prevails, the court shall award reasonable attorney
fees and costs at trial and on appeal if the court finds the
petition to be frivolous.
  (9) A city may not compel an applicant to waive the 120-day
period set in subsection (1) of this section or to waive the
provisions of subsection (7) of this section or ORS 227.179 as a
condition for taking any action on an application for a permit,
limited land use decision or zone change except when such
applications are filed concurrently and considered jointly with a
plan amendment.
  SECTION 23.  { + (1) Notwithstanding the requirement in ORS
285B.455 that interest earnings on moneys in the Special Public
Works Fund are credited to the fund and notwithstanding any other
requirement in ORS 285A.075 (9) or 285B.410 to 285B.479 for the
expenditure of moneys in the Special Public Works Fund, the
Economic and Community Development Department shall transfer the
interest earnings accrued in the fund and available on the
effective date of this 2003 Act to the office of the Governor for
the payment of expenses incurred in the biennium beginning July
1, 2003, to implement sections 1 to 12 and 16 to 20 of this 2003
Act.
  (2) The department shall make the one-time transfer of interest
earnings provided for in this section within 30 days after the
effective date of this 2003 Act.
  (3) The amount of the transfer may not exceed $360,000. + }
  SECTION 24.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of Land
Conservation and Development, for the biennium beginning July 1,
2003, out of the General Fund, the amount of $960,285, which may
be expended for the purpose of taking action under sections 1 to
12 or 16 to 20 of this 2003 Act. + }
  SECTION 25.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Division of State
Lands, for the biennium beginning July 1, 2003, out of the
General Fund, the amount of $110,000, which may be expended for
the purpose of taking action under sections 1 to 12 or 16 to 20
of this 2003 Act. + }
  SECTION 26.  { + 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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