75th OREGON LEGISLATIVE ASSEMBLY--2009 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 709
House Bill 2229
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Department of Land Conservation and Development)
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.
Establishes main principles for state land use system.
Expands authorities for regional land use planning. Authorizes
establishment of regional definitions of 'agricultural land' and
'forest land' for purposes of land use goal setting.
Directs Land Conservation and Development Commission to carry
out policy-neutral review and audit of land use system to reduce
complexity.
Provides for state strategic plan integrating land use,
transportation and economic development priorities.
Directs Oregon Progress Board to coordinate with Department of
Land Conservation and Development, during or before next review
of Oregon Benchmarks, to develop performance measures for each
statewide land use goal.
Appropriates moneys from General Fund to Department of Land
Conservation and Development to implement specified provisions.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to recommendations of Oregon Task Force on Land Use
Planning; creating new provisions; amending ORS 197.010,
197.040, 197.230, 197.628, 197.652, 197.654, 197.656 and
197.747; appropriating money; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 197.010 is amended to read:
197.010. The Legislative Assembly declares that:
(1) In order to assure the highest possible level of livability
in Oregon, it is necessary to provide for properly prepared and
coordinated comprehensive plans for cities and counties, regional
areas and the state as a whole. These comprehensive plans:
(a) Must be adopted by the appropriate governing body at the
local and state levels;
(b) Are expressions of public policy in the form of policy
statements, generalized maps and standards and guidelines;
(c) Shall be the basis for more specific rules and land use
regulations which implement the policies expressed through the
comprehensive plans;
(d) Shall be prepared to assure that all public actions are
consistent and coordinated with the policies expressed through
the comprehensive plans; and
(e) Shall be regularly reviewed and, if necessary, amended to
keep them consistent with the changing needs and desires of the
public they are designed to serve.
{ + (2)(a) The overarching principles guiding the land use
program in the State of Oregon are to:
(A) Provide a healthy environment;
(B) Sustain a prosperous economy;
(C) Ensure a desirable quality of life; and
(D) Provide fairness and equity to all Oregonians.
(b) The overarching principles in paragraph (a) of this
subsection provide guidance to a public body, as defined in ORS
174.109, that adopts or interprets goals, comprehensive plans and
land use regulations implementing the plans, or administrative
rules implementing a provision of ORS chapter 195, 196, 197, 215
or 227. + }
{ - (2) - } { + (3) + } The equitable balance between state
and local government interests can best be achieved by resolution
of conflicts using alternative dispute resolution techniques such
as mediation, collaborative planning and arbitration. Such
dispute resolution techniques are particularly suitable for
conflicts arising over periodic review, comprehensive plan and
land use regulations, amendments, enforcement issues and local
interpretation of state land use policy.
SECTION 2. ORS 197.040 is amended to read:
197.040. (1) The Land Conservation and Development Commission
shall:
(a) Direct the performance by the Director of the Department of
Land Conservation and Development and the director's staff of
their functions under ORS chapters 195, 196 and 197.
(b) In accordance with the provisions of ORS chapter 183, adopt
rules that it considers necessary to carry out ORS chapters 195,
196 and 197. Except as provided in subsection (3) of this
section, in designing its administrative requirements, the
commission shall:
(A) Allow for the diverse administrative and planning
capabilities of local governments;
{ + (B) Consider the variation in conditions and needs in
different regions of the state; + }
{ - (B) - } { + (C) + } Assess what economic and property
interests will be, or are likely to be, affected by the proposed
rule;
{ - (C) - } { + (D) + } Assess the likely degree of
economic impact on identified property and economic interests;
and
{ - (D) - } { + (E) + } Assess whether alternative actions
are available that would achieve the underlying lawful
governmental objective and would have a lesser economic impact.
(c)(A) Adopt by rule in accordance with ORS chapter 183 or by
goal under ORS chapters 195, 196 and 197 any statewide land use
policies that it considers necessary to carry out ORS chapters
195, 196 and 197.
(B) Adopt by rule in accordance with ORS chapter 183 any
procedures necessary to carry out ORS 215.402 (4)(b) and 227.160
(2)(b).
(C) Review decisions of the Land Use Board of Appeals and land
use decisions of the Court of Appeals and the Supreme Court
within 120 days of the date the decisions are issued to determine
if goal or rule amendments are necessary.
(d) Cooperate with the appropriate agencies of the United
States, this state and its political subdivisions, any other
state, any interstate agency, any person or groups of persons
with respect to land conservation and development.
(e) Appoint advisory committees to aid it in carrying out ORS
chapters 195, 196 and 197 and provide technical and other
assistance, as it considers necessary, to each such committee.
(2) Pursuant to ORS chapters 195, 196 and 197, the commission
shall:
(a) Adopt, amend and revise goals consistent with regional,
county and city concerns;
(b) Prepare, collect, provide or cause to be prepared,
collected or provided land use inventories;
(c) Prepare statewide planning guidelines;
(d) Review comprehensive plans for compliance with goals;
(e) Coordinate planning efforts of state agencies to assure
compliance with goals and compatibility with city and county
comprehensive plans;
(f) Insure widespread citizen involvement and input in all
phases of the process;
(g) Review and recommend to the Legislative Assembly the
designation of areas of critical state concern;
(h) Report periodically to the Legislative Assembly and to the
committee; and
(i) Perform other duties required by law.
(3) The requirements of subsection (1)(b) of this section shall
not be interpreted as requiring an assessment for each lot or
parcel that could be affected by the proposed rule.
SECTION 3. ORS 197.230 is amended to read:
197.230. (1) In preparing, adopting and amending goals and
guidelines, the Department of Land Conservation and Development
and the Land Conservation and Development Commission shall:
(a) Assess:
(A) What economic and property interests will be, or are likely
to be, affected by the proposed goal or guideline;
(B) The likely degree of economic impact on identified property
and economic interests; and
(C) Whether alternative actions are available that would
achieve the underlying lawful governmental objective and would
have a lesser economic impact.
(b) Consider the existing comprehensive plans of local
governments and the plans and programs affecting land use of
state agencies and special districts in order to preserve
functional and local aspects of land conservation and
development.
(c) Give consideration to the following areas and activities:
(A) Lands adjacent to freeway interchanges;
(B) Estuarine areas;
(C) Tide, marsh and wetland areas;
(D) Lakes and lakeshore areas;
(E) Wilderness, recreational and outstanding scenic areas;
(F) Beaches, dunes, coastal headlands and related areas;
(G) Wild and scenic rivers and related lands;
(H) Floodplains and areas of geologic hazard;
(I) Unique wildlife habitats; and
(J) Agricultural land.
(d) Make a finding of statewide need for the adoption of any
new goal or the amendment of any existing goal.
(e) Design goals to { + :
(A) + } Allow a reasonable degree of flexibility in the
application of goals by state agencies, cities, counties and
special districts { + ;
(B) Provide a healthy environment;
(C) Sustain a prosperous economy;
(D) Ensure a desirable quality of life; and
(E) Provide fairness and equity to all Oregonians + }.
(2) Goals shall not be land management regulations for
specified geographic areas established through designation of an
area of critical state concern under ORS 197.405.
(3) The requirements of subsection (1)(a) of this section shall
not be interpreted as requiring an assessment for each lot or
parcel that could be affected by the proposed rule.
(4) The commission may exempt cities with a population less
than 10,000, or those areas of a county inside an urban growth
boundary that contain a population less than 10,000, from all or
any part of land use planning goals, guidelines and
administrative rules that relate to transportation planning.
SECTION 4. ORS 197.628 is amended to read:
197.628. (1) It is the policy of the State of Oregon to require
the periodic review of comprehensive plans and land use
regulations in order to respond to changes in local, regional and
state conditions to ensure that the plans and regulations remain
in compliance with the statewide planning goals adopted pursuant
to ORS 197.230, and to ensure that the plans and regulations make
adequate provision for economic development, needed housing,
transportation, public facilities and services and urbanization.
(2) The Land Conservation and Development Commission shall
concentrate periodic review assistance to local governments
on { + :
(a) + }Achieving compliance with those statewide land use
planning laws and goals that address economic development, needed
housing, transportation, public facilities and services and
urbanization { + ; and
(b) Reviewing and amending designations of farmlands,
forestlands and other rural lands under section 7 of this 2009
Act if the review and amendment are conducted on a regional basis
by at least two counties and the cities in the region + }.
(3) The following conditions indicate the need for periodic
review of comprehensive plans and land use regulations:
(a) There has been a substantial change in circumstances
including but not limited to the conditions, findings or
assumptions upon which the comprehensive plan or land use
regulations were based, so that the comprehensive plan or land
use regulations do not comply with the statewide planning goals
relating to economic development, needed housing, transportation,
public facilities and services and urbanization;
(b) Decisions implementing acknowledged comprehensive plan and
land use regulations are inconsistent with the goals relating to
economic development, needed housing, transportation, public
facilities and services and urbanization;
(c) There are issues of regional or statewide significance,
intergovernmental coordination or state agency plans or programs
affecting land use which must be addressed in order to bring
comprehensive plans and land use regulations into compliance with
the goals relating to economic development, needed housing,
transportation, public facilities and services and urbanization;
or
(d) The local government, commission or Department of Land
Conservation and Development determines that the existing
comprehensive plan and land use regulations are not achieving the
statewide planning goals relating to economic development, needed
housing, transportation, public facilities and services and
urbanization.
SECTION 5. { + Sections 6 to 8 of this 2009 Act are added to
and made a part of ORS chapter 195. + }
SECTION 6. { + (1) Two or more counties that constitute a
region in which farmlands, forestlands and farm and forest
practices are similar may petition the Land Conservation and
Development Commission to establish regional definitions of the
terms ' agricultural land' or 'forest land' for purposes of the
goals.
(2) If the commission accepts the petition, the commission
shall:
(a) Identify the region to which the definitions apply, taking
into consideration:
(A) The content of the petition;
(B) The need to address similar and related lands as one
region;
(C) The need to address similar and related farm or forest
practices and products in a region in a consistent manner; and
(D) The need to have a limited number of regional definitions
in the state.
(b) Shall coordinate with the State Department of Agriculture,
the State Forestry Department and all local governments in the
affected region.
(3) The commission is not subject to ORS 197.235 (1)(a) for the
purpose of considering whether to establish regional definitions
under sections 6 to 8 of this 2009 Act. However, the commission
shall hold at least one public hearing in each county in which
the regional definitions would apply.
(4) The commission shall base regional definitions established
under sections 6 to 8 of this 2009 Act on the characteristics of
land and farm or forest practices in the region and the
consideration of factors including, but not limited to:
(a) ORS 215.243 and 215.700;
(b) Soil capability and suitability for farming or forestry;
(c) The long-term viability of current and potential future
farm or forest operations on the land;
(d) The importance of the land to farm or forest operations on
adjacent and nearby lands;
(e) The availability of water needed to sustain current or
anticipated farm operations on the land;
(f) The land use pattern on the land and on adjacent and nearby
lands, including the location of the property in relation to
adjacent and nearby nonfarm and nonforest uses and the existence
of buffers between farm or forest operations and nonfarm or
nonforest uses;
(g) The farm or forest land use pattern, including
parcelization, tenure and ownership patterns of the land and
nearby lands;
(h) The sufficiency and stability of the farm or forest
infrastructure in the area; and
(i) The importance of farmlands and forestlands as a means to
sequester carbon and as a means of avoiding or minimizing the
adverse effects of climate change. + }
SECTION 7. { + (1) If the Land Conservation and Development
Commission establishes regional definitions for a region under
sections 6 to 8 of this 2009 Act, a county in the region may
elect to:
(a) Review and amend its comprehensive plan and zoning map
designations for farmlands or forestlands; and
(b) Redesignate as other rural lands those farmlands and
forestlands that do not fit in the regional definition of '
agricultural land' or 'forest land. '
(2) A county that elects to amend its comprehensive plan and
zoning map designations under this section:
(a) Shall act through a legislative amendment of the
comprehensive plan and zoning map designations.
(b) Shall submit the legislative amendment to the commission
for review in the manner provided for periodic review under ORS
197.628 to 197.650.
(c) Shall, as part of the process of adopting the legislative
amendment:
(A) Adopt, as a part of the comprehensive plan, a map that:
(i) Identifies the farmlands, forestlands and other rural lands
under review that contain ecologically significant natural areas
or resources;
(ii) Establishes a priority for protection from conflicting
development; and
(iii) Determines which of the lands have the highest priority
for protection from conflicting development.
(B) Establish appropriate limitations on the uses allowed on
lands designated as other rural lands in compliance with rules
adopted by the commission under subsection (5) of this section.
(d) Shall examine alternative, nonregulatory methods to protect
lands that contain ecologically significant natural resources or
areas.
(3) In determining whether to acknowledge a comprehensive plan
and zoning map designation proposed under sections 6 to 8 of this
2009 Act, the commission shall:
(a) Coordinate with the State Department of Agriculture, the
State Forestry Department and other local governments in the
county.
(b) Consider the adequacy of the county's program for
protecting ecologically significant natural areas.
(4) The Department of Land Conservation and Development shall
give preference in providing grant moneys, if any, that are
available to counties that enter into a cooperative agreement
under ORS 195.025 with one or more adjacent counties in the
region to review and amend comprehensive plans and zoning map
designations of farmlands or forestlands pursuant to this
section.
(5) If the commission adopts a regional definition under
sections 6 to 8 of this 2009 Act, the commission shall adopt
regional rules concerning farmlands or forestlands, as
appropriate, and lands redesignated as other rural lands. The
rules must be designed to achieve the following outcomes:
(a) The amount, type, location and pattern of development on
lands that are redesignated as other rural lands:
(A) Must be rural in character and may not interfere with
orderly and efficient development of urban areas in the vicinity
of the other rural lands;
(B) May not conflict with existing or reasonably foreseeable
future farm or forest uses or accepted farm or forest practices;
and
(C) May not lead to significant adverse effects, as specified
by the commission in rules, including but not limited to adverse
effects on:
(i) Water quality or the availability or cost of water supply;
(ii) Energy use;
(iii) State or local transportation facilities;
(iv) Fish or wildlife habitat or other ecologically significant
lands;
(v) The risk of wildland fire or the cost of fire suppression;
(vi) The cost of public facilities or services; or
(vii) The fiscal health of a local government.
(b) Additional residential development that is authorized by
the commission under this section must, to the extent
practicable, be clustered and located to minimize the effects on
farm and forest uses and to reduce the costs of public facilities
and services. + }
SECTION 8. { + (1) The Land Conservation and Development
Commission may adopt rules implementing sections 6 to 8 of this
2009 Act.
(2) The rules:
(a) Must reflect the differing conditions in different regions
of the state.
(b) May not contain new regulatory restrictions on the use of
lands identified as containing ecologically significant natural
resources or areas to protect those resources or areas.
(c) May provide criteria for designating the lands.
(d) May provide for the purchase, lease or transfer of
development rights to protect the resources or areas. + }
SECTION 9. ORS 197.652 is amended to read:
197.652. { - Programs of the collaborative regional
problem-solving process described in ORS 197.654 and 197.656
shall be established in counties or regions geographically
distributed throughout the state. - }
{ + (1) At the request of a county and at least one other
local government in a region, the Department of Land Conservation
and Development, other state agencies, as defined in ORS 171.133,
metropolitan planning organizations and special districts may
participate with the local governments in a collaborative
regional problem-solving process.
(2) If requested to participate, the department:
(a) Shall convene the process and work to encourage regional
efforts to resolve land use planning problems using the
authorities described in ORS 197.654 and 197.658.
(b) May include representatives of an advisory committee on
transportation established under ORS 367.822 in a regional effort
under ORS 197.652 to 197.658. + }
SECTION 10. ORS 197.654 is amended to read:
197.654. (1) { - Local governments and those special
districts that provide urban services may enter into a
collaborative regional problem-solving process. A collaborative
regional problem-solving process is a planning process directed
toward resolution of land use problems in a region. The process
must offer an opportunity to participate with appropriate state
agencies and all local governments within the region affected by
the problems that are the subject of the problem-solving
process. - } { + Local governments, state agencies as defined in
ORS 171.133, metropolitan planning organizations and special
districts may enter into a regional problem-solving agreement to
resolve a regional land use problem. The agreement must include,
as parties to the agreement, entities that are necessary to
resolve each land use problem identified in the agreement,
including the Department of Transportation if the agreement
requires amendments to a comprehensive plan or land use
regulations that will have a significant adverse effect on an
existing or planned state transportation facility. + } The
process must include:
(a) An opportunity for involvement by other stakeholders with
an interest in the problem; and
(b) Efforts among the collaborators to agree on goals,
objectives and measures of success for steps undertaken to
implement the process as set forth in ORS 197.656.
{ - (2) As used in ORS 197.652 to 197.658, 'region' means an
area of one or more counties, together with the cities within the
county, counties, or affected portion of the county. - }
{ + (2) A decision by a local government, state agency as
defined in ORS 171.133, metropolitan planning organization or
special district to enter into an agreement under ORS 197.652 to
197.658 is not a final land use decision. However, an agreement
entered into under ORS 197.652 to 197.658 does not become final
and binding until:
(a) All local governments that are parties to the agreement
have enacted the comprehensive plan provisions or land use
regulations set forth in the agreement; and
(b) The Land Conservation and Development Commission has
approved the comprehensive plan provisions and land use
regulations as provided under ORS 197.656.
(3) Comprehensive plan provisions and land use regulations made
to implement an agreement under ORS 197.652 to 197.658 take
effect ___ days after the commission provides notice to all
parties to the agreement that the commission has approved all of
the amendments to comprehensive plan provisions and land use
regulations. + }
SECTION 11. ORS 197.656 is amended to read:
197.656. (1) { - Upon invitation by the local governments in
a region, the Land Conservation and Development Commission and
other state agencies may participate with the local governments
in a collaborative regional problem-solving process. - } { + A
local government that adopts comprehensive plan provisions or
land use regulations to implement a regional problem-solving
agreement entered into under ORS 197.652 to 197.658 shall submit
the provision or regulation to the Land Conservation and
Development Commission for review in the manner set forth in ORS
197.628 to 197.650 for periodic review. + }
(2) Following the procedures set forth in this subsection, the
commission may { - acknowledge - } { + approve + } amendments
to comprehensive plans and land use regulations, or new land use
regulations, that do not fully comply with the { + goals, or + }
rules of the commission that implement the statewide planning
goals, without taking an exception, upon a determination that:
{ - (a) The amendments or new provisions are based upon
agreements reached by all local participants, the commission and
other participating state agencies, in the collaborative regional
problem-solving process; - }
{ - (b) The regional problem-solving process has included
agreement among the participants on: - }
{ + (a) The amendments to comprehensive plans or land use
regulations, or new comprehensive plan provisions or land use
regulations, conform on the whole with the purposes of the goals
and any failure to meet individual goal requirements is technical
or minor in nature; and
(b) The amendments to comprehensive plans or land use
regulations, or new comprehensive plan provisions or land use
regulations, include: + }
(A) Regional goals for resolution of each regional problem that
is the subject of the { - process - } { + agreement + };
(B) { - Optional - } Techniques to achieve the
{ + regional + } goals { - for each regional problem that is
the subject of the process - } ;
(C) Measurable indicators of performance { + and a system for
monitoring progress + } toward achievement of the
{ + regional + } goals { - for each regional problem that is
the subject of the process - } ;
(D) { - A system of - } Incentives and disincentives to
encourage successful implementation of the techniques chosen by
the participants to achieve the { + regional + } goals;
(E) { - A system for monitoring progress toward achievement
of the goals - } { + If the regional goals involve the
management of an urban growth boundary, tools to coordinate the
planning and provision of water, sewer and transportation
facilities in the region + }; and
(F) A process for correction of the techniques if monitoring
indicates that the techniques are not achieving the
{ + regional + } goals { + . + } { - ; and - }
{ - (c) The agreement reached by regional problem-solving
process participants and the implementing plan amendments and
land use regulations conform, on the whole, with the purposes of
the statewide planning goals. - }
{ - (3) A local government that amends an acknowledged
comprehensive plan or land use regulation or adopts a new land
use regulation in order to implement an agreement reached in a
regional problem-solving process shall submit the amendment or
new regulation to the commission in the manner set forth in ORS
197.628 to 197.650 for periodic review or set forth in ORS
197.251 for acknowledgment. - }
{ - (4) The commission shall have exclusive jurisdiction for
review of amendments or new regulations described in subsection
(3) of this section. A participant or stakeholder in the
collaborative regional problem-solving process shall not raise an
issue before the commission on review that was not raised at the
local level. - }
{ + (3) The commission:
(a) May adopt rules to establish additional procedure and
substantive requirements for review and approval of an agreement
and comprehensive plan provisions and land use regulations
adopted under ORS 197.652 to 197.658.
(b) Has exclusive jurisdiction for review of amendments to
comprehensive plans or land use regulations, or new comprehensive
plan provisions or land use regulations, adopted by a local
government under ORS 197.652 to 197.658. A party to the agreement
and a person who participated in the proceedings leading to the
adoption of the comprehensive plan provisions or land use
regulations may not raise an issue on review before the
commission that was not raised in the regional problem-solving
process. + }
{ - (5) - } { + (4) + } If the commission denies { - an
amendment or new regulation - } { + amendments to comprehensive
plans or land use regulations, or new comprehensive plan
provisions or land use regulations, + } submitted pursuant to
subsection { - (3) - } { + (1) + } of this section, the
commission shall issue a written statement describing the reasons
for the denial and suggesting alternative methods for
accomplishing the goals on a timely basis.
{ - (6) - } { + (5) + } If, in order to resolve regional
land use problems,
{ - the participants - } { + a local government + } in a
collaborative regional problem-solving process { - decide - }
{ + decides + } to devote agricultural land or forestland, as
defined in the statewide planning goals, to uses not authorized
by those goals, the { - participants - } { + local
government + } shall choose land that is not part of the region's
commercial agricultural or forestland base, or take an exception
to those goals pursuant to ORS 197.732. To identify land that is
not part of the region's commercial agricultural or forestland
base, the { - participants - } { + local government + } shall
consider the recommendation of a committee of persons appointed
by the affected county, with expertise in appropriate fields,
including but not limited to farmers, ranchers, foresters and
soils scientists and representatives of the State Department of
Agriculture, the State Department of Forestry and the Department
of Land Conservation and Development.
{ - (7) - } { + (6) + } The Governor { - shall - }
{ + may + } require all appropriate state agencies to
participate in the collaborative regional problem-solving
process.
SECTION 12. ORS 197.747 is amended to read:
197.747. For the purposes of acknowledgment under ORS 197.251,
board review under ORS 197.805 to 197.855 { + , Land Conservation
and Development Commission review of a proposed regional problem
solving agreement under ORS 197.652 to 197.658 + } and periodic
review under ORS 197.628 to 197.650, 'compliance with the goals'
means the comprehensive plan and regulations, on the whole,
conform with the purposes of the goals and any failure to meet
individual goal requirements is technical or minor in nature.
SECTION 13. { + Section 14 of this 2009 Act is added to and
made a part of ORS 197.652 to 197.658. + }
SECTION 14. { + (1) A local government that is a party to a
regional problem-solving agreement under ORS 197.652 to 197.658
that involves nonconforming lots or parcels, as defined in ORS
92.010, on rural lands may authorize the transfer of residential
development rights from the nonconforming lots or parcels and may
authorize corresponding additional development rights on
receiving lots or parcels that are within or adjacent to an urban
growth boundary without regard to whether the receiving lots or
parcels are under the jurisdiction of the same local government
as the nonconforming lots or parcels.
(2) The Land Conservation and Development Commission shall
amend the statewide land use planning goals or rules implementing
the goals to implement this section. + }
SECTION 15. { + In areas of the state that are growing
rapidly, state agencies, as defined in ORS 171.133, including but
not limited to the Department of Transportation, and local
governments shall prioritize funding for infrastructure to:
(1) Support infill or redevelopment of existing urban areas to
attain the density necessary to support alternative modes of
transportation; and
(2) Be consistent with the principles set forth in ORS 197.010
(2)(a). + }
SECTION 16. { + Section 17 of this 2009 Act is added to and
made a part of ORS 222.111 to 222.180. + }
SECTION 17. { + If a city brings territory within its urban
growth boundary, the city shall annex the territory to the
city. + }
SECTION 18. { + The Land Conservation and Development
Commission shall appoint a work group to conduct a policy-neutral
review and audit of ORS chapters 195, 196, 197, 215 and 227, the
statewide land use planning goals and the rules of the commission
implementing the goals. The commission shall make
recommendations, based on the review and audit, of major policies
and key procedures that are most appropriate for enactment by law
and other policies and procedures that are most appropriate for
adoption by statewide land use planning goals to allow for
greater variation between regions of the state over time and to
reduce complexity. + }
SECTION 19. { + (1) The Land Conservation and Development
Commission and other boards, commissions and departments,
including but not limited to the Oregon Transportation
Commission, the State Board of Agriculture, the State Board of
Forestry, the Housing and Community Services Department, the
Water Resources Commission and the Oregon Economic and Community
Development Commission shall prepare an integrated state
strategic plan that is integrated with the strategic plan
prepared pursuant to ORS 284.615 and that includes, but is not
limited to:
(a) Identification of emerging economic, environmental, social
and population trends likely to affect the state;
(b) A description of desirable future land use, transportation
and economic development outcomes that are consistent with the
principles in ORS 197.010 (2)(a) and that can be achieved through
coordinated action and investment; and
(c) Identification of strategic opportunities and needs for
investment that would increase the likelihood of achieving the
outcomes described in paragraph (b) of this subsection.
(2) The strategic plan required by this section must be
prepared in consultation with local governments and
representatives of business and citizen interests and updated
prior to each regular session of the Legislative Assembly.
(3) The boards, commissions and departments listed in
subsection (1) of this section shall meet annually to review
progress toward achieving the strategic plan and to coordinate
actions for the following year. + }
SECTION 20. { + (1) The Oregon Progress Board, in cooperation
with the Department of Land Conservation and Development, shall
review and revise the goals for Oregon's progress and benchmarks
that relate to the land use system during or before the next
review required by ORS 284.628.
(2) The benchmarks must include an integrated data gathering,
tracking and reporting system that provides for at least one
performance measure for each statewide land use planning goal and
for an ongoing comparative analysis of how the land use system is
performing relative to the land use systems of other states and
the costs and benefits of the system for citizens in different
regions.
(3) The Oregon Progress Board and the Department of Land
Conservation and Development shall design the data gathering,
tracking and reporting system to provide reasonably accurate
information concerning the performance of the land use system
while minimizing costs to local governments and state agencies,
as defined in ORS 171.133. The board and the department shall
convene a work group to advise the board and the department
concerning the design of the system, data availability,
collection and reporting that includes, but is not limited to,
representatives of:
(a) Local government;
(b) The Building Codes Division of the Department of Consumer
and Business Services;
(c) The Department of State Lands;
(d) The State Department of Agriculture;
(e) The State Forestry Department;
(f) The Department of Transportation; and
(g) The Oregon University System.
(4) The State Forestry Department, the State Department of
Agriculture and the Department of Transportation shall cooperate
in the development and implementation of the reporting
system. + }
SECTION 21. { + There is appropriated to the Department of
Land Conservation and Development, for the biennium beginning
July 1, 2009, out of the General Fund, the amount of $_______ for
the purpose of carrying out the provisions of sections 6 to 8,
14, 15, 18, 19 and 20 of this 2009 Act and the amendments to ORS
197.010, 197.040, 197.230, 197.628, 197.652, 197.654, 197.656 and
197.747 by sections 1, 2, 3, 4, 9, 10, 11 and 12 of this 2009
Act. + }
SECTION 22. { + This 2009 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2009 Act takes effect on
its passage. + }
----------