Chapter 579
AN ACT
SB 336
Relating to school facility planning;
creating new provisions; and amending ORS 195.110 and 197.299.
Be It Enacted by the People of
the State of
SECTION 1. ORS 195.110 is amended to read:
195.110. (1) As used
in this section, “large school district” means a school district that has an
enrollment of over 2,500 students based on certified enrollment numbers
submitted to the Department of Education during the first quarter of each new
school year.
[(1)(a)] (2) A city or county
[or city] containing a [high growth] large school
district shall:
(a) Include as an element of its comprehensive
plan a school facility plan prepared by the [high growth] district in [cooperation]
consultation with the affected city or county.
(b) [A county or city containing a high growth
area shall] Initiate planning activities with a school district to
accomplish planning as required under ORS 195.020.
[(c)] (3) The provisions of [paragraph (a) of this] subsection (2)(a)
of this section do not apply to a city or a county that contains
less than 10 percent of the total population of [a high growth] the large school district.
[(2) As used in this section, “high growth school district” means any
school district that has an enrollment of over 5,000 students and had an
increase in student enrollment of six percent or more during the three most
recent school years, based on certified enrollment numbers submitted to the
Department of Education during the first quarter of each new school year.]
(4) The large school
district shall select a representative to meet and confer with a representative
of the city or county, as described in subsection (2)(b) of this section, to
accomplish the planning required by ORS 195.020 and shall notify the city or
county of the selected representative. The city or county shall provide the
facilities and set the time for the planning activities. The representatives
shall meet at least twice each year, unless all representatives agree in
writing to another schedule, and make a written summary of issues discussed and
proposed actions.
(5)(a) The school
facility plan must cover a period of at least 10 years and must include, but
need not be limited to, the following elements:
(A) Population
projections by school age group.
(B) Identification by
the city or county and by the large school district of desirable school sites.
(C) Descriptions of
physical improvements needed in existing schools to meet the minimum standards
of the large school district.
(D) Financial plans to
meet school facility needs, including an analysis of available tools to ensure
facility needs are met.
(E) An analysis of:
(i) The alternatives to
new school construction and major renovation; and
(ii) Measures to
increase the efficient use of school sites including, but not limited to,
multiple-story buildings and multipurpose use of sites.
(F) Ten-year capital
improvement plans.
(G) Site acquisition
schedules and programs.
(b) Based on the
elements described in paragraph (a) of this subsection and applicable laws and
rules, the school facility plan must also include an analysis of the land
required for the 10-year period covered by the plan that is suitable, as a
permitted or conditional use, for school facilities inside the urban growth
boundary.
(6) If a large school
district determines that there is an inadequate supply of suitable land for
school facilities for the 10-year period covered by the school facility plan,
the city or county, or both, and the large school district shall cooperate in
identifying land for school facilities and take necessary actions, including,
but not limited to, adopting appropriate zoning, aggregating existing lots or
parcels in separate ownership, adding one or more sites designated for school
facilities to an urban growth boundary, or petitioning a metropolitan service
district to add one or more sites designated for school facilities to an urban
growth boundary pursuant to applicable law.
(7) The school facility
plan shall provide for the integration of existing city or county land
dedication requirements with the needs of the large school district.
(8) The large school
district shall:
[(3)] (a) Identify in the school facility plan [shall identify] school facility needs
based on population growth projections and land use designations contained in
the city or county comprehensive plan[. The plan shall be
updated]; and
(b) Update the school
facility plan during
periodic review [and may be updated] or
more frequently by mutual agreement between the large school district
and the [county or] affected
city or county.
[(4)(a) In the school facility plan, a high
growth school district shall assess the capacity of school facilities on the
basis of objective criteria that are formally approved by the school board. In
an agreement under ORS 195.020, the school district and the city or county
shall agree, to the greatest extent possible, on the criteria for the capacity
of school facilities.]
(9)(a) In the school
facility plan, the district school board of a large school district may adopt
objective criteria to be used by an affected city or county to determine
whether adequate capacity exists to accommodate projected development. Before
the adoption of the criteria, the large school district shall confer with the
affected cities and counties and agree, to the extent possible, on the
appropriate criteria. After a large school district formally adopts
criteria for the capacity of school facilities, [a county or city] an affected city or county shall accept
those criteria as its own for purposes of evaluating applications for a
comprehensive plan amendment or for a residential land use regulation
amendment.
(b) A city or county
shall provide notice to an affected large school district when
considering a plan or land use regulation amendment that significantly impacts
school capacity. If the large school district requests, the city or
county shall implement a coordinated process with the [school] district to identify potential school sites and facilities
to address the projected impacts.
[(c) The provisions of paragraph (b) of this subsection apply to an
action that involves:]
[(A) High growth school districts;]
[(B) Light rail planning in an area that is not a high growth school
district; or]
[(C) The addition of 1,000 or more
residential units in an area that is not a high growth school district.]
[(5) The school facility plan shall provide for the integration of
existing city or county land dedication requirements with the needs of the
school district.]
[(6)] (10) [Any] A
school district [not defined as high
growth in subsection (2) of this section] that is not a large school
district may adopt a [plan for school
facilities as set forth in this section, subject to cooperation with the
affected cities or counties] school facility plan as described in this
section in consultation with an affected city or county.
[(7) The school facility plan shall cover a period of at least five
years and shall include but need not be limited to the following elements:]
[(a) Population projections by school age
group;]
[(b) Identification by both the city or county and the school district
of desirable school sites;]
[(c) Physical improvements needed to bring existing schools up to the
school district’s minimum standards;]
[(d) Financial plans to meet school facility
needs;]
[(e) An analysis of:]
[(A) The alternatives to new school
construction and major renovation; and]
[(B) Measures to increase the efficient use of school sites including,
but not limited to, multiple-story buildings and multipurpose use of sites;]
[(f) Five-year capital improvement plans;]
[(g) Site acquisition schedules and programs; and]
[(h) Based on the elements included in the school facility plan under
this subsection and applicable laws and rules, an analysis of the land required
for the five-year period covered by the plan that is suitable, as a permitted
or conditional use, for school facilities inside the urban growth boundary.]
[(8) If a school district determines that there is an inadequate supply
of suitable land for school facilities for the five-year period covered by the
plan, the city or county, or both, and the school district shall cooperate in
identifying land for school facilities including, but not limited to, adopting
appropriate zoning, aggregating existing lots or parcels in separate ownership,
adding one or more sites designated for school facilities to an urban growth
boundary or petitioning a metropolitan service district to add one or more
sites designated for school facilities to an urban growth boundary pursuant to
applicable law and rules.]
[(9)] (11) The capacity of a school
facility [shall not be] is not
the basis for a development moratorium under ORS 197.505 to 197.540.
[(10)] (12) This section [and ORS 197.015 do] does not
confer any power to a school district to declare a building moratorium.
[(11) Notwithstanding any other provision of state or local law, school
capacity shall not be the sole basis for the approval or denial of any
residential development application, unless the application involves changes to
the local government comprehensive plan or land use regulations.]
(13) A city or county
may deny an application for residential development based on a lack of school
capacity if:
(a) The issue is raised
by the school district;
(b) The lack of school
capacity is based on a school facility plan formally adopted under this
section; and
(c) The city or county
has considered options to address school capacity.
SECTION 2. ORS 197.299 is amended to read:
197.299. (1) A
metropolitan service district organized under ORS chapter 268 shall complete
the inventory, determination and analysis required under ORS 197.296 (3) not
later than five years after completion of the previous inventory, determination
and analysis.
(2)(a) The metropolitan
service district shall take such action as necessary under ORS 197.296 (6)(a) to accommodate one-half of a 20-year buildable land
supply determined under ORS 197.296 (3) within one year of completing the
analysis.
(b) The metropolitan
service district shall take all final action under ORS 197.296 (6)(a) necessary to accommodate a 20-year buildable land
supply determined under ORS 197.296 (3) within two years of completing the
analysis.
(c) The metropolitan
service district shall take action under ORS 197.296 (6)(b), within one year
after the analysis required under ORS 197.296 (3)(b) is completed, to provide
sufficient buildable land within the urban growth boundary to accommodate the
estimated housing needs for 20 years from the time the actions are completed.
The metropolitan service district shall consider and adopt new measures that
the governing body deems appropriate under ORS 197.296 (6)(b).
(3) The Land
Conservation and Development Commission may grant an extension to the time
limits of subsection (2) of this section if the Director of the Department of
Land Conservation and Development determines that the metropolitan service
district has provided good cause for failing to meet the time limits.
(4)(a) The metropolitan
service district shall establish a process to expand the urban growth boundary
to accommodate a need for land for a public school that cannot reasonably be
accommodated within the existing urban growth boundary. The metropolitan
service district shall design the process to:
(A) Accommodate a need
that must be accommodated between periodic analyses of urban growth boundary
capacity required by subsection (1) of this section; and
(B) Provide for a final
decision on a proposal to expand the urban growth boundary within four months
after submission of a complete application by a [high growth] large school district[,] as defined in ORS 195.110.
(b) At the request of a
[high growth] large school
district, the metropolitan service district shall assist the [high growth] large school
district to identify school sites required by the school facility planning
process described in ORS 195.110. A need for a public school is a specific type
of identified land need under ORS 197.298 (3).
SECTION 3. A school district that is a large school
district as defined in ORS 195.110 on the effective date of this 2007 Act shall
complete a school facility plan within two years after the effective date of
this 2007 Act.
Approved by the Governor June 25, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
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