74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 416
Sponsored by Senator WALKER
CHAPTER ................
AN ACT
Relating to historic property; creating new provisions; amending
ORS 358.487, 358.540 and 358.541; and prescribing an effective
date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 358.487 is amended to read:
358.487. (1)(a) An owner of historic property desiring
classification and special assessment under ORS 358.480 to
358.545 for the property may make application for the
classification and special assessment to the State Historic
Preservation Officer on forms approved by the State Historic
Preservation Officer. The forms shall include or be accompanied
by the written consent of the owner to the viewing of the
property by the State Historic Preservation Officer. Any
application made under this subsection shall include a
preservation plan and be sent by the State Historic Preservation
Officer to the appropriate county assessor, local landmark
commission and governing body. An application must be made during
the calendar year preceding the first property tax year for which
classification and special assessment as historic property is
desired.
(b) Classification and special assessment pursuant to an
application made under this subsection shall be granted only for
15 consecutive property tax years, commencing in the tax year
beginning on the July 1 following the calendar year in which the
application was made.
(2)(a) An owner may make preliminary application for
classification of property as historic upon approval by the State
Advisory Committee on Historic Preservation of the nomination of
the property for listing on the National Register of Historic
Places or, if the National Register of Historic Places ceases
accepting nominations, the nomination of the property for listing
on an Oregon register of historic places.
(b) The preliminary application shall be considered an
application made or received for purposes of subsection (1) of
this section if, by September 15 of the year for which
classification and special assessment are first sought, the
property is:
(A) Listed in the National Register of Historic Places; or
(B) If the National Register of Historic Places ceases
accepting nominations, approved for listing on an Oregon register
of historic places.
Enrolled Senate Bill 416 (SB 416-B) Page 1
(c) If the requirements of paragraph (b) of this subsection are
not satisfied, the preliminary application may not be considered
an application made for purposes of subsection (1) of this
section until the calendar year in which, as of September 15, the
property is listed as described in paragraph (b) of this
subsection.
(3) Immediately upon receipt of a copy of the application under
subsection (1) of this section, the county assessor shall review
the application for accuracy and completeness of description and
other matters within the expertise of the county assessor and
shall make recommendations regarding the classification to the
State Historic Preservation Officer.
(4) { + (a) + } Immediately upon receipt of a copy of the
application under subsection (1) of this section, the governing
body shall review the application for matters relating to public
benefit and shall make recommendations regarding the
classification to the State Historic Preservation Officer.
{ + (b) A governing body may exclude certain districts or
properties from participation in the special assessment program
under criteria established by the governing body. In adopting
criteria, the governing body shall consider whether a district is
in economic distress and the value of the property in the
district. + }
(5) By making application for classification and assessment
under this section, the owner consents that the State Historic
Preservation Officer has access to the property for inspection at
reasonable times to ensure that the terms of the national
register or other federal or state laws or requirements are being
met.
(6) The application for classification and assessment under ORS
358.480 to 358.545 may not be processed unless accompanied by a
nonrefundable fee of one-third of one percent of the real market
value of the property, as of the assessment date, for the year in
which application is made. The fee shall be deposited in the
State Parks and Recreation Department Fund for use by the State
Parks and Recreation Director or for transfer to the Oregon
Property Management Account established under ORS 358.680 to
358.690, upon the advice of the State Advisory Committee on
Historic Preservation.
SECTION 2. ORS 358.540 is amended to read:
358.540. (1) Property classified as historic property under ORS
358.480 to 358.545 is entitled to any other exemption or special
assessment provided by law.
(2) Property that has received special assessment under ORS
358.480 to 358.545 for 15 years, at the completion of the 15-year
term, is disqualified from historic property special assessment.
(3)(a) Notwithstanding subsection (2) of this section,
following completion of the initial 15-year period of historic
property classification and disqualification under subsection (2)
of this section, the owner of property classified as historic
property may reapply under ORS 358.487 for one additional 15-year
period of special assessment under ORS 358.480 to 358.545.
Following completion of the second 15-year term of special
assessment, the historic property shall be disqualified from
historic property special assessment and is not again eligible
for special assessment under ORS 358.480 to 358.545.
(b) For commercial property, a reapplication filed under this
subsection, in addition to containing all of the information
required of an application filed under ORS 358.487, shall be
accompanied by a renovation plan detailing measures to be taken
Enrolled Senate Bill 416 (SB 416-B) Page 2
for purposes of Americans with Disabilities Act compliance,
seismic improvement measures or energy conservation measures, the
costs associated with the measures and a schedule of the dates on
which work on the measures will be begun and completed.
(c) For commercial property, a reapplication filed under this
subsection that in other respects is in compliance with the
application requirements of ORS 358.487 may be approved only upon
a finding by the State Historic Preservation Officer that the
renovation plan submitted with the reapplication will, if
implemented, result in a significant investment in the historic
property that promotes compliance with Americans with
Disabilities Act requirements or that results in seismic
improvements or energy conservation improvements to the property.
If approved, the renovation plan shall be considered an amendment
to and part of the preservation plan filed with the reapplication
and in effect for the property.
(d) For residential { + or commercial + } property, a
reapplication filed under this subsection that in other respects
is in compliance with the application requirements of ORS 358.487
may be approved only if a second term of historic property
classification and special assessment for residential { + or
commercial + } property is authorized under ORS 358.541.
(e) The State Historic Preservation Officer may adopt rules
under this subsection, including rules that provide:
(A) The minimum amount of investment that must be made in order
for the investment to be considered a significant investment.
(B) The minimum amount of seismic improvement to the property
that must be contemplated in the renovation plan in order for the
plan to be approved.
(C) The minimum level of energy conservation improvements that
must be contemplated in the renovation plan in order for the plan
to be approved.
(D) The maximum amount of time between the date of filing of
the reapplication and the date of completion of the measures
described in the renovation plan in order for the renovation plan
to be approved.
SECTION 3. ORS 358.541 is amended to read:
358.541. (1) Residential { + or commercial + } property may
not qualify for a second term of classification and special
assessment as historic property under this section unless:
(a) If the property is located within a city, the governing
body of the city has adopted a resolution or ordinance
authorizing a second term of historic property classification and
special assessment for residential { + or commercial + }
property; or
(b) If the property is located within unincorporated territory
of a county, the governing body of the county has adopted a
resolution or ordinance authorizing a second term of historic
property classification and special assessment for residential
{ + or commercial + } property.
(2) The city or county authorizing a second term of historic
property classification and special assessment for residential
{ + or commercial + } property shall send a copy of the
authorizing resolution or ordinance to the State Historic
Preservation Officer.
SECTION 4. { + (1) The amendments to ORS 358.487, 358.540 and
358.541 by sections 1 to 3 of this 2007 Act apply only to
applications for historic property special assessment that are
filed or approved on or after the effective date of this 2007
Act.
Enrolled Senate Bill 416 (SB 416-B) Page 3
(2) Nothing in the amendments to ORS 358.487, 358.540 and
358.541 by sections 1 to 3 of this 2007 Act affects the status of
property that is classified as historic property on the effective
date of this 2007 Act. Such property may continue to receive
special assessment under ORS 358.480 to 358.545 until the
completion of the 15-year term that is in effect on the effective
date of this 2007 Act. + }
SECTION 5. { + (1) There is created the Task Force on Historic
Property, consisting of 12 members appointed as follows:
(a) The President of the Senate shall appoint one member from
among members of the Senate.
(b) The Speaker of the House of Representatives shall appoint
one member from among members of the House of Representatives.
(c) The Governor shall appoint one representative of each of
the following:
(A) The National Trust for Historic Preservation;
(B) The State Historic Preservation Officer;
(C) The Oregon Preservation Alliance;
(D) The Oregon Historic Property Owners Association;
(E) The development community within an urban population;
(F) The development community within a rural population;
(G) The Oregon State Association of County Assessors;
(H) The Department of Revenue;
(I) The League of Oregon Cities; and
(J) Homeowners who participate in the special assessment for
historic properties program under ORS 358.480 to 358.545.
(2) The task force shall conduct a comprehensive review of the
special assessment for historic properties program under ORS
358.480 to 358.545. The purpose of the review is to determine
whether the program should be extended beyond July 1, 2010. The
task force shall assess the merits and shortcomings of the
program and make recommendations for improving or eliminating the
program. The task force shall study:
(a) The effectiveness of the program in stimulating historic
preservation activities and reinvestment in historic buildings
and districts;
(b) The application fee structure of the program;
(c) The program's administrative costs for the State Historic
Preservation Officer and costs for the participants in the
program;
(d) The accountability of program participants for projects
that meet program goals and for completion of work plan tasks;
(e) The administrative rules implementing the program;
(f) The role of local governments in the program and the fiscal
impact of the program on local governments;
(g) The economic impact of the program on local communities
that rehabilitate and preserve their historic built environments;
(h) The role of the program in relation to other historic
preservation incentive programs, including the Historic
Preservation Revolving Loan Fund program, grant programs and the
rehabilitation tax credit program;
(i) The complexities of including multiple owners of
residential condominium projects within historic buildings in the
special assessment for historic properties program;
(j) The negative impact on program participants when the term
of the special assessment expires and property taxes have
increased beyond the capped three percent per year increase
allowed if the property had not been in the program; and
(k) Any other issue concerning the program that the task force
determines is necessary or desirable to assist the task force in
Enrolled Senate Bill 416 (SB 416-B) Page 4
making the assessment or recommendations required under this
subsection.
(3) A majority of the members of the task force constitutes a
quorum for the transaction of business.
(4) Official action by the task force requires the approval of
a majority of the members of the task force.
(5) The task force shall elect one of its members to serve as
chairperson.
(6) If there is a vacancy for any cause, the appointing
authority shall make an appointment to become immediately
effective.
(7) The task force shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the task force.
(8) The task force may adopt rules necessary for the operation
of the task force.
(9) Prior to October 1, 2008, the task force shall submit a
report to the Governor and the interim legislative committees on
revenue. The report may include program recommendations and a
request for legislation.
(10) The State Parks and Recreation Department shall provide
staff support to the task force.
(11) Members of the task force who are not members of the
Legislative Assembly are not entitled to compensation, but may be
reimbursed for actual and necessary travel and other expenses
incurred by them in the performance of their official duties in
the manner and amounts provided for in ORS 292.495. Claims for
expenses shall be paid out of funds appropriated to the
department for that purpose.
(12) All agencies of state government, as defined in ORS
174.111, and local government, as defined in ORS 174.116, are
directed to assist the task force in the performance of its
duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the task force consider necessary to perform their
duties. + }
SECTION 6. { + Section 5 of this 2007 Act is repealed on the
date of the adjournment of the next regular biennial legislative
session. + }
SECTION 7. { + This 2007 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-fourth
Legislative Assembly adjourns sine die. + }
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Enrolled Senate Bill 416 (SB 416-B) Page 5
Passed by Senate April 11, 2007
Repassed by Senate June 14, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 8, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 416 (SB 416-B) Page 6
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 416 (SB 416-B) Page 7