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 3277
Minority Report
B-Engrossed
House Bill 3298
Ordered by the Senate June 10
Including House Amendments dated May 4 and Senate Minority Report
Amendments dated June 10
Sponsored by nonconcurring members of the Senate Committee on
Rules: Senators FERRIOLI, ATKINSON
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.
{ - Provides that once counties and metropolitan service
districts have designated land as urban reserve, they may not
designate additional land as urban reserve until at least 50
percent of previously designated urban reserves have been
included within urban growth boundary of district. - }
{ + Approves recommendation of Land Conservation and
Development Commission to designate Metolius River Basin as area
of critical state concern. Adopts management plan recommended by
commission. Makes specified changes to management plan.
Prohibits county from approving siting of destination resort in
Metolius River Basin.
Authorizes owner of land in specified location within Jefferson
County to develop sustainable eco-community. Specifies criteria
by which sustainable eco-community may be developed and operated.
Declares emergency, effective on passage. + }
A BILL FOR AN ACT
Relating to land reserves; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) As used in this section, 'Metolius River
Basin' means the portions of the basin identified as Area 1 and
Area 2 in the management plan recommended by the Land
Conservation and Development Commission.
(2) Pursuant to ORS 197.405 (4), the Legislative Assembly
hereby approves the recommendation of the commission, submitted
to the Legislative Assembly on April 2, 2009, that the Metolius
River Basin be designated an area of critical state concern.
(3) The Legislative Assembly approves the management plan
included in the commission's recommendation pursuant to ORS
197.405 (1)(c) and directs the commission to adopt the management
plan, by rule, without change except that:
(a) The management plan may not limit small-scale,
recreation-oriented development within Jefferson County and
located in township 13 south, range 8 east, section 13, based on
possible legislative action of the Seventy-fifth Legislative
Assembly to allow the owner, or affiliates of the owner, to
develop a sustainable eco-community outside the Metolius River
Basin. The commission may not enforce, and shall remove, a
contrary provision from the management plan.
(b) The management plan must limit development of a small-scale
recreation community within township 13 south, range 10 east,
sections 20, 21, 28 and 29, in Jefferson County, so that all
units must be sited within up to 25 clusters that may be
connected only by a road system. The commission may not enforce,
and shall modify, a contrary provision in the management plan.
(4) Except as otherwise provided in this section, the
commission may amend the management plan only as provided in the
management plan and only pursuant to applicable rulemaking
procedures.
(5) In addition to limitations on development that are
contained in the management plan, new development allowed by
amendment of the management plan may not result in:
(a) Negative impact on the Metolius River, its springs or its
tributaries;
(b) Negative impact on the fish resources in the Metolius River
Basin; or
(c) Negative impact on the wildlife resources in the Metolius
River Basin.
(6) A county may not approve siting a destination resort in the
Metolius River Basin. + }
SECTION 2. { + (1) As used in this section:
(a) 'Developed recreational facilities' means improvements
constructed for the purpose of recreation and may include but are
not limited to tennis courts, swimming pools, ski runs and
bicycle paths.
(b) 'Map of eligible lands' means a map of the county adopted
pursuant to ORS 197.455.
(c) 'Open space' means land that is retained in a substantially
natural condition or is improved for recreational uses such as
hiking or nature trails or equestrian or bicycle paths or is
specifically required to be protected by a conservation easement.
'Open space' may include ponds, lands protected as important
natural features, lands preserved for farm or forest use and
lands used as buffers. 'Open space' does not include residential
lots or yards, streets or parking areas.
(d) 'Overnight lodgings' means:
(A) With respect to lands not identified in subparagraph (B) of
this paragraph, permanent, separately rentable accommodations
that are not available for residential use, including hotel or
motel rooms, cabins and time-share units. Individually owned
units may be considered overnight lodgings if they are available
for overnight rental use by the general public for at least 45
weeks per calendar year through a central reservation and
check-in service. Tent sites, recreational vehicle parks,
manufactured dwellings, dormitory rooms and similar
accommodations do not qualify as overnight lodgings for the
purpose of this definition.
(B) With respect to lands in eastern Oregon, as defined in ORS
321.805, permanent, separately rentable accommodations that are
not available for residential use, including hotel or motel
rooms, cabins and time-share units. Individually owned units may
be considered overnight lodgings if they are available for
overnight rental use by the general public for at least 38 weeks
per calendar year through a central reservation system operated
by the destination resort or by a real estate property manager,
as defined in ORS 696.010. Tent sites, recreational vehicle
parks, manufactured dwellings, dormitory rooms and similar
accommodations do not qualify as overnight lodgings for the
purpose of this definition.
(e) 'Tract' has the meaning given that term in ORS 215.010.
(2) A county may not approve siting a destination resort in the
Metolius River Basin, as that term is defined in section 1 of
this 2009 Act.
(3) An owner of land that is within Jefferson County and
located in township 13 south, range 8 east, section 13, may
develop a sustainable eco-community as provided in this section.
An eco-community consists of land and buildings developed and
operated in a sustainable manner that meets the following
criteria:
(a) If possible, areas that require irrigation must use
reclaimed water. When fully developed, the eco-community must use
reclaimed water as the primary source of water for irrigation.
(b) Motorized recreational activities and facilities for
motorized recreational activities, including snowmobiling, are
not permitted.
(c) Fifty percent of the eco-community must be dedicated to
permanent, contiguous open space that demonstrates the biological
viability of the site as habitat or provides ecosystem services
to the area.
(d) Significant natural resource functions and values on and
adjacent to the site must be preserved.
(e) Impervious surfaces, including rooftops and paved roads,
trails and parking areas, may not exceed 35 percent of the total
site area.
(f) Infrastructure must use the highest quality, lowest energy
natural water treatment systems available that meet regulatory
requirements.
(g) Developers must achieve a 20 percent reduction in potable
water usage below standard code built developments. Use of
reclaimed water for nonpotable water needs may account for the
entire required reduction.
(h) Use of recycled water is allowed in flushing toilets in
residential and commercial buildings.
(i) Alternative transportation options must be programmed for
both on-site and off-site circulation.
(j) Stormwater must be managed on-site, and off-site runoff
must be limited to predevelopment rates.
(k) Commercial uses allowed must be limited to types and levels
of use necessary to meet the needs of visitors to the
development. Industrial uses of any kind are not permitted.
Commercial and other nonresidential buildings must be designed
and constructed to meet regionally or nationally recognized
design standards for sustainable or green design that are
acceptable to the permitting authority.
(L) Residential buildings must be designed and constructed to
meet regionally or nationally recognized design standards for
sustainable design that are acceptable to the permitting
authority. Developers must achieve certification for all
buildings, with at least 50 percent of the buildings achieving a
top tier rating under the rating system selected.
(4) Subject to ORS 92.010 to 92.190, a county may authorize a
sustainable eco-community on the lands described in subsection
(3) of this section as a conditional use. The comprehensive plan,
and land use regulations implementing the plan, may allow for
siting an eco-community on the lands described in subsection (3)
of this section without demonstrating compliance with the
statewide land use planning goals. An eco-community must be
developed in compliance with the following standards:
(a) The eco-community must be a minimum of 200 acres and a
maximum of 640 acres in size.
(b) Subject to confirmation by the county five years after
development of the eco-community's first 25 units of overnight
lodging and 50 residential units, the developer shall spend:
(A) Subject to subsection (6) of this section, at least $1.5
million on off-site resource enhancement or restoration projects
located within the Metolius River Basin.
(B) Subject to subsection (6) of this section, at least $3
million for on-site developed recreational facilities and
visitor-oriented accommodations exclusive of costs for land,
sewer and water facilities and roads. Not less than one-third of
this amount must be spent on developed recreational facilities.
(c) An eco-community may not include areas designated as
containing significant natural resources in an acknowledged
comprehensive plan pursuant to a statewide land use planning goal
relating to open spaces, scenic and historic areas and natural
resources.
(d) An eco-community may not include a golf course or related
facilities.
(e) An eco-community may not contain more than 45 units of
overnight lodging and 95 lots, parcels or units for residential
sale.
(f) An eco-community must provide for at least 50 percent of
the remaining planned overnight lodging units to be constructed
or guaranteed through surety bonding or equivalent financial
assurance within five years of the initial lot, parcel or unit
sales.
(g) An eco-community must provide additional housing capable of
housing at least 50 percent of the peak season employees on-site.
(h) If a tract to be used as an eco-community contains a
resource site designated for protection in an acknowledged
comprehensive plan pursuant to a goal relating to open spaces,
scenic and historic areas and natural resources, the developer
shall preserve the resource site on the tract by conservation
easement, as set forth in ORS 271.715 to 271.795, that is
sufficient to protect the resource values of the resource site.
The developer shall cause the conservation easement required by
this paragraph to be recorded in the property records of the
county in which the tract is located.
(5) An eco-community must:
(a) Develop an environmental operations manual that defines
core practices for operating the eco-community, including:
(A) Waste reduction, recycling and diversion.
(B) Cleaning and site maintenance practices.
(C) Staff education practices.
(D) Environmental stewardship practices.
(b) Establish a conservation stewardship organization, a
separate nonprofit entity funded through income generated by the
development, that is charged with:
(A) Development of a baseline study that establishes the
current condition of the local environment. As part of the study,
the organization must develop a long-term stewardship plan that
targets the net creation and rehabilitation of habitat on-site
and off-site.
(B) Ongoing review, selection and management of habitat
restoration projects that expand on the goals of the long-term
stewardship plan.
(C) Education and outreach on environmental stewardship.
(c) Develop a resident and guest education program that affords
opportunities for at least monthly interaction on environmentally
responsible lifestyles and the benefit of environmentally
responsible lifestyles to the region.
(d) Organize and manage volunteers working to conserve local
resources.
(e) Compare and audit practices versus energy, water and site
development standards and publish an annual report of the
eco-community's performance results for the prior year.
(6) The spending required by subsection (4)(b) of this section
is stated in 1993 dollars. The spending required must be adjusted
to the year in which calculations are made in accordance with the
United States Consumer Price Index. + }
SECTION 3. { + 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. + }
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