73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 1451
A-Engrossed
Senate Bill 680
Ordered by the Senate May 6
Including Senate Amendments dated May 6
Sponsored by Senator JOHNSON
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 Oregon Department of Aviation to establish pilot
program to foster economic development adjacent to rural airports
by encouraging through the fence operations.
A BILL FOR AN ACT
Relating to through the fence operations at rural airports.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2005 Act are added to
and made a part of ORS chapter 836. + }
SECTION 2. { + As used in this section and section 3 of this
2005 Act:
(1) 'Customary and usual aviation-related activity ' includes
activities described in ORS 836.616 (2) and includes activities
that a local government may authorize pursuant to ORS 836.616
(3).
(2) 'Pilot site' means a rural airport identified to
participate in the pilot program pursuant to section 3 of this
2005 Act.
(3) 'Rural airport' means an airport described in ORS 836.610
(1) that principally serves a city or standard metropolitan
statistical area with a population of 75,000 or fewer.
(4) 'Through the fence operation' means a customary and usual
aviation-related activity that:
(a) Is conducted by a commercial or industrial user of property
within an airport boundary; and
(b) Relies, for business purposes, on the ability to taxi
aircraft directly from the property employed for the commercial
or industrial use to an airport runway. + }
SECTION 3. { + (1) The Oregon Department of Aviation shall
establish a pilot program at up to three rural airports to
encourage development of through the fence operations designed to
promote economic development by creating family wage jobs, by
increasing local tax bases and by increasing financial support
for rural airports. To the extent practicable, the airport
sponsor of a pilot site shall use public-private partnerships
that incorporate:
(a) Innovative and creative technologies for increasing airport
usability and safety;
(b) Innovative and creative performance of aviation services to
make the services more competitive and useful for the public;
(c) Development of the pilot site as a setting for customary
and usual aviation-related activities to develop and thrive, in
concert with the goals of the Economic and Community Development
Department; and
(d) Shared responsibility for:
(A) Establishing and meeting the fiscal needs of the pilot
site;
(B) Maintaining safety of operations; and
(C) Maintaining positive community relations and compatibility
with existing uses.
(2) The pilot program shall operate at:
(a) The Aurora State Airport; and
(b) Not more than two additional rural airports that volunteer
to participate and are selected by the Oregon Department of
Aviation with the concurrence of the county in which each rural
airport is located.
(3) The Oregon Department of Aviation, by rule, shall provide
standards and guidelines for through the fence operations that:
(a) Ensure that the operations provide financial support to the
pilot sites in compliance with Federal Aviation Administration
regulations;
(b) Require submission, review, approval and, as appropriate,
revision of a facility site plan for each through the fence
operation so that the real property covered by the site plan can
be incorporated into the airport boundary and coordinated with
the other aspects of the airport master plan;
(c) Ensure that the operations are conducted according to a
written contract between the commercial or industrial user of
property within the airport boundary and the airport sponsor;
(d) Ensure that pilot sites continue to operate in a safe
manner and to fulfill their roles in Oregon's emergency response
system;
(e) Preserve investments in pilot sites and the level of
service provided by pilot sites;
(f) Facilitate orderly management of pilot sites;
(g) Provide equitable and uniform treatment of airport tenants
and users at pilot sites;
(h) Advance economic development through qualified customary
and usual aviation-related activities within the airport
boundaries of pilot sites;
(i) Encourage well-ordered economic development within the
airport boundaries of the pilot sites;
(j) Facilitate and foster good relations with the communities
surrounding the pilot sites;
(k) Enable conformity with approved airport master plans;
(L) Make pilot sites available for public use on reasonable
terms; and
(m) Assist pilot sites in developing financial self-sufficiency
through the use of innovative funding and economic development
programs.
(4) The Department of Land Conservation and Development, the
county and a city, if any, within whose jurisdiction a pilot site
is located shall coordinate with the Oregon Department of
Aviation to ensure that the applicable comprehensive plans and
land use regulations, including airport zoning classifications
pursuant to ORS 836.600 to 836.630, facilitate through the fence
operations and support the development or expansion of the pilot
site consistent with applicable statewide land use planning
requirements.
(5) The Economic and Community Development Department shall
assist the pilot sites to:
(a) Identify, qualify for and apply for funding from
appropriate grant and loan programs; and
(b) Develop innovative short-term and long-term funding
opportunities.
(6) To the extent practicable, the airport sponsors shall
utilize innovative airport infrastructure and operations funding
to support the pilot sites including, but not limited to:
(a) Airport districts as provided in ORS chapter 838;
(b) Economic development programs administered by the Economic
and Community Development Department;
(c) Tax increment financing to provide funding for
airport-related infrastructure;
(d) United States Department of Agriculture Rural Development
grants or low-interest loans; and
(e) Programs, including funding for short line railroads under
ORS 367.067, designed to facilitate development of intermodal
transportation projects. + }
SECTION 4. { + (1) The Oregon Department of Aviation shall
adopt rules to establish the pilot program required by section 3
of this 2005 Act within six months after the effective date of
this 2005 Act.
(2) The Department of Land Conservation and Development, the
county and a city, if any, within whose jurisdiction a pilot site
is located shall coordinate with the Oregon Department of
Aviation to implement the pilot program and to assist in the
development of comprehensive plans and land use regulations in
accordance with ORS 836.610 (1) that ensure that land use
planning requirements facilitate implementation of the pilot
program required by section 3 of this 2005 Act.
(3) Notwithstanding ORS 836.610 (2)(a), a county, in
cooperation with a city within whose jurisdiction a pilot site is
located, shall, if a pilot site is located within the county,
amend its comprehensive plan and land use regulations as required
in ORS 836.610 and sections 2 and 3 of this 2005 Act within one
year after the Oregon Department of Aviation adopts the rules
required by subsection (1) of this section. + }
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