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 1450
 
                         Senate Bill 493
 
Sponsored by Senators RINGO, SCHRADER, Representative GREENLICK
 
 
                             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.
 
  Authorizes county to impose school impact fee on new
residential development to pay for new school construction or
capital improvements. Provides certain limitations.
 
                        A BILL FOR AN ACT
Relating to school impact fees for school districts.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A county may enter into a cooperative
agreement with one or more of the school districts contained
substantially within its boundaries to levy, collect and
distribute a school impact fee on a new residential development
to pay for new school construction or capital improvements to
existing school facilities.
  (2) A county shall impose a school impact fee by ordinance
after a school district or group of school districts petitions
the county to impose, collect and distribute the fee. The
petition must take the form of a school district resolution or a
joint resolution by multiple school districts. The resolution
must state the need, purpose and use of the fee, the method to be
used in calculating the fee and the proposed fee schedule. A
school district or group of school districts must hold a public
hearing on the resolution petitioning for a school impact fee.
  (3) An individual who lives within the affected school district
or districts may file within 60 days of final enactment of the
resolution an appeal to the school district or districts to
reconsider adoption of the resolution. The county ordinance
imposing the fee is subject to all referral procedures in the
county.
  (4) The school impact fee schedule must be based on objective
criteria relating to the potential of new residential development
to generate student enrollment growth. However:
  (a) The school impact fee levied against a single family
residence or town house may not exceed $3,000; or
  (b) The school impact fee levied against a unit in a
multifamily complex may not exceed $2,000.
  (5) A school impact fee is considered part of the purchase
price and must be collected at or near the time a residential
unit is occupied for the first time.
  (6) A county may waive or reduce the school impact fee for
special types of housing, including, but not limited to, low
income housing, low income housing for senior citizens, group
homes for community-based mental health patients or accessible
housing for persons with special needs.
  (7) When a county and a school district enter into a
cooperative agreement, the school impact fee must be levied
uniformly throughout the school district. When a county and
multiple school districts enter into a cooperative agreement, the
school impact fee must be levied proportionately throughout the
districts, based on expected demographic impact.
  (8) A county that collects a school impact fee may retain a
reasonable amount to reimburse its administrative costs in
collecting the fee. A county may enter into an administrative
agreement with a city or other entity to collect the school
impact fee, if necessary.
  (9) A county may issue school impact fee credits to residential
developers in return for a donation of land or other material
contributions to be used for public elementary and secondary
educational purposes, if the affected school district agrees to
accept the donation or contribution in lieu of the fee.
  (10) A county that has cooperative agreements with more than
one school district shall maintain a school impact fee account
with subaccounts for each participating school district. The fees
collected within a school district's boundaries must be credited
to that district's subaccount. Sums from each subaccount must be
distributed in a timely manner to each school district. Interest
accruing on the school impact fee account must be assigned
proportionately to subaccounts.
  (11) A county, city or other entity that collects a school
impact fee acts solely as the collection agent for the school
district or group of school districts responsible for determining
the need, uses, methodology and schedule for the fee. + }
                         ----------