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 2673
 
                         Senate Bill 511
 
Sponsored by Senator C STARR
 
 
                             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.
 
  Adds additional public services to list of capital improvements
for which governmental unit may assess and collect system
development charges.
 
                        A BILL FOR AN ACT
Relating to system development charges; amending ORS 223.299.
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 { + ;
  (F) Law enforcement;
  (G) Fire prevention, protection, suppression and related
services;
  (H) Public library system as defined in ORS 357.400; or
  (I) Public schools providing educational services for all or
part of prekindergarten through grade 12 + }.
  (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.
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