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 1497
Senate Bill 276
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary for Bicycle Transportation Alliance)
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.
Requires school district to consider effect of school site
selection on transportation costs to school district and to
families of school children.
A BILL FOR AN ACT
Relating to school facility siting; creating new provisions; and
amending ORS 195.110.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + A school district, as defined in ORS 330.005,
shall consider the effect of school site selection on
transportation costs to the school district and to the families
of school children. When selecting between potential school
sites, the school district shall estimate anticipated
transportation costs associated with desirable school sites and
shall compare anticipated transportation costs for desirable
school sites that are centrally located in the school district
with anticipated transportation costs for desirable school sites
on the periphery of the school district. + }
SECTION 2. ORS 195.110 is amended to read:
195.110. (1) As used in this section, 'large school district'
means a school district { + , as defined in ORS 330.005, + } 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.
(2) A city or county containing a large school district shall:
(a) Include as an element of its comprehensive plan a school
facility plan prepared by the district in consultation with the
affected city or county.
(b) Initiate planning activities with a school district to
accomplish planning as required under ORS 195.020.
(3) The provisions of 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 the large school district.
(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) A projection of anticipated transportation costs, to
the school district and to the families of school children,
associated with desirable school sites, including a comparison of
anticipated transportation costs for desirable school sites that
are centrally located in the school district with anticipated
transportation costs for desirable school sites on the periphery
of the school district. + }
{ - (E) - } { + (F) + } 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) - } { + (G) + } Ten-year capital improvement plans.
{ - (G) - } { + (H) + } 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:
(a) Identify in the school facility plan school facility needs
based on population growth projections and land use designations
contained in the city or county comprehensive plan; and
(b) Update the school facility plan during periodic review or
more frequently by mutual agreement between the large school
district and the affected city or county.
(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, 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 district to identify
potential school sites and facilities to address the projected
impacts.
(10) A school district that is not a large school district may
adopt a school facility plan as described in this section in
consultation with an affected city or county.
(11) The capacity of a school facility is not the basis for a
development moratorium under ORS 197.505 to 197.540.
(12) This section does not confer any power to a school
district to declare a building moratorium.
(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 3. { + Section 1 of this 2009 Act and the amendments
to ORS 195.110 by section 2 of this 2009 Act apply to a school
facility planning process or a school site selection process that
is completed more than 90 days after the effective date of this
2009 Act. + }
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