74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1817
A-Engrossed
Senate Bill 336
Ordered by the House May 29
Including House Amendments dated May 29
Sponsored by Senator SCHRADER; Senator DEVLIN (Presession filed.)
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.
{ + Defines 'large school district' for purposes of
provisions relating to school facility planning. Modifies
provisions regarding school facility planning with city or
county. Extends length of school facility plan to 10 years.
Revises required elements of school facility plan. + }
Removes provision providing that school capacity cannot be sole
basis for approval or denial of residential development
application.
A BILL FOR AN ACT
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 Oregon:
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. + }
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