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 3554
A-Engrossed
House Bill 3043
Ordered by the House April 3
Including House Amendments dated April 3
Sponsored by Representative GREENLICK
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.
Annexes territory within urban growth boundary to metropolitan
service district by operation of law. Exempts territory within
urban growth boundary annexed by operation of law from contested
case proceedings.
A BILL FOR AN ACT
Relating to boundary changes under jurisdiction of metropolitan
service district; creating new provisions; and amending ORS
268.347, 268.354 and 268.390.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 268.347 is amended to read:
268.347. (1) Notwithstanding contrary provisions regarding
jurisdiction under ORS chapters 198, 221 and 222, a metropolitan
service district shall exercise jurisdiction, as provided in this
section and ORS 268.351 and 268.354, over a boundary change
within the boundaries of the district and within all territory
designated as urban reserves by the district { - in an
ordinance adopted by the district council prior to June 30,
1997 - } .
(2) For purposes of ad valorem taxation, a boundary change must
be filed in final approved form with the county assessor and the
Department of Revenue as provided in ORS 308.225.
SECTION 2. ORS 268.354 is amended to read:
268.354. (1) In addition to the requirements established by ORS
chapters 198, 221 and 222 for a boundary change, a metropolitan
service district, in consultation with the Metro Policy Advisory
Committee, may establish requirements for a boundary change that
is subject to the jurisdiction of the district pursuant to ORS
268.347.
(2) For a boundary change that is subject to the jurisdiction
of the district pursuant to ORS 268.347, the district shall:
(a) Establish a uniform hearing and notification process.
(b) Establish an expedited process for uncontested boundary
changes.
(c) Establish clear and objective criteria for a boundary
change.
(d) Ensure that a boundary change is in compliance with the
Metro regional framework plan, as defined in ORS 197.015, and
cooperative agreements and urban service agreements adopted
pursuant to ORS chapter 195.
(3) The role of a metropolitan service district in the boundary
determination process shall be ministerial only.
(4) Except as provided in this section and ORS 268.347 and
268.351, for a boundary change subject to the jurisdiction of the
metropolitan service district:
(a) Proceedings for annexation of territory to a city and for
all other changes in city boundaries shall be conducted as
provided in ORS chapter 222 { - ; - } { + . + }
(b) Proceedings for annexation of territory to a district,
{ - including the metropolitan service district, - } and for
all other changes to the boundaries of a district,
{ - including the boundaries of the metropolitan service
district, - } shall be conducted as provided in ORS chapter 198
{ - ; and - } { + . Notwithstanding ORS 268.020, as used in
this paragraph, 'district' means a special district as defined in
ORS 197.015.
(c) Proceedings for annexation of territory to the metropolitan
service district, including annexation of territory not within
the urban growth boundary of the district, and for all other
changes to the boundaries of the district shall be conducted as
provided in ORS chapter 198. + }
{ - (c) - } { + (d) + } Notwithstanding contrary provisions
regarding the party responsible for conducting hearings under ORS
chapter 198, the metropolitan service district is the governing
body responsible for conducting proceedings for a minor boundary
change to the { - metropolitan service - } district.
{ + Except for a change to the district boundary by adoption of
an urban growth boundary under ORS 268.390, + }proceedings for a
minor boundary change to the boundaries of a { - metropolitan
service - } district shall be conducted as provided in ORS
chapter 198.
SECTION 3. ORS 268.390 is amended to read:
268.390. (1) A district may define and apply a planning
procedure that identifies and designates areas and activities
having significant impact upon the orderly and responsible
development of the metropolitan area, including, but not limited
to, impact on:
(a) Air quality;
(b) Water quality; and
(c) Transportation.
(2) A district may prepare and adopt functional plans for those
areas designated under subsection (1) of this section to control
metropolitan area impact on air and water quality, transportation
and other aspects of metropolitan area development the district
may identify.
(3) { + (a) + } A district shall adopt an urban growth boundary
for the district in compliance with applicable goals adopted
under ORS chapters 195, 196 and 197.
{ + (b) Notwithstanding the procedural requirements for
boundary changes under ORS 268.354, when the district adopts an
urban growth boundary, the urban growth boundary becomes the
boundary of the district. + }
(4) A district may review the comprehensive plans adopted by
the cities and counties within the district that affect areas
designated by the district under subsection (1) of this section
or the urban growth boundary adopted under subsection (3) of this
section and recommend or require cities and counties, as it
considers necessary, to make changes in any plan to ensure that
the plan and any actions taken under the plan substantially
comply with the district's functional plans adopted under
subsection (2) of this section and its urban growth boundary
adopted under subsection (3) of this section.
(5) Pursuant to a regional framework plan, a district may adopt
implementing ordinances that:
(a) Require local comprehensive plans and implementing
regulations to substantially comply with the regional framework
plan within two years after compliance acknowledgment.
(b) Require adjudication and determination by the district of
the consistency of local comprehensive plans with the regional
framework plan.
(c) Require each city and county within the jurisdiction of the
district and making land use decisions concerning lands within
the land use jurisdiction of the district to make those decisions
consistent with the regional framework plan. The obligation to
apply the regional framework plan to land use decisions shall not
begin until one year after the regional framework plan is
acknowledged as complying with the statewide planning goals
adopted under ORS chapters 195, 196 and 197.
(d) Require changes in local land use standards and procedures
if the district determines that changes are necessary to remedy a
pattern or practice of decision-making inconsistent with the
regional framework plan.
(6) A process established by the district to enforce the
requirements of this section must provide:
(a) Notice of noncompliance to the city or county.
(b) Opportunity for the city or county to be heard.
(c) Entry of an order by the district explaining its findings,
conclusions and enforcement remedies, if any.
(7) Enforcement remedies ordered under subsection (6) of this
section may include, but are not limited to:
(a) Direct application of specified requirements of functional
plans to land use decisions by the city or county;
(b) Withholding by the district of discretionary funds from the
city or county; and
(c) Requesting an enforcement action pursuant to ORS 197.319 to
197.335 and withholding moneys pursuant to an enforcement order
resulting from the enforcement action.
(8) An order issued under subsection (6) of this section:
(a) Must provide for relief from enforcement remedies upon
action by the city or county that brings the comprehensive plan
and implementing regulations into substantial compliance with the
requirement.
(b) Is subject to review under ORS 197.830 to 197.845 as a land
use decision.
(9) The regional framework plan, ordinances that implement the
regional framework plan and any determination by the district of
consistency with the regional framework plan are subject to
review under ORS 197.274.
SECTION 4. { + The amendments to ORS 268.347, 268.354 and
268.390 by sections 1 to 3 of this 2009 Act apply to boundary
changes within the jurisdiction of a metropolitan service
district on or after the effective date of this 2009 Act. + }
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