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 2542
Senate Bill 657
Sponsored by Senator GEORGE, Representative WEIDNER;
Representatives GILLIAM, HUFFMAN, SCHAUFLER, G SMITH, THATCHER,
WHISNANT
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.
Authorizes local government to adopt exception to statewide
land use goal without demonstrating that statutory standards for
exception have been met for use that is necessary for employer of
10 or more employees under specified circumstance. Requires
employer in Willamette Valley seeking exception to provide
green-collar jobs at family wage. Requires employer outside
Willamette Valley seeking exception to provide family wage.
Defines terms.
A BILL FOR AN ACT
Relating to exception to land use goals; amending ORS 197.732.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 197.732 is amended to read:
197.732. (1) As used in this section:
(a) 'Compatible' is not intended as an absolute term meaning no
interference or adverse impacts of any type with adjacent uses.
(b) 'Exception' means a comprehensive plan provision, including
an amendment to an acknowledged comprehensive plan, that:
(A) Is applicable to specific properties or situations and does
not establish a planning or zoning policy of general
applicability;
(B) Does not comply with some or all goal requirements
applicable to the subject properties or situations; and
(C) Complies with standards under subsection (2) of this
section.
{ + (c) 'Family wage' means compensation for each hour of
work time that the employee is gainfully employed computed at a
rate equal to or greater than twice the minimum wage established
under ORS 653.025.
(d) 'Green-collar jobs' means manual, management and
intellectual labor positions that provide a family wage and
career track opportunities and either:
(A) Contribute directly to preserving or improving
environmental quality; or
(B) Are performed in a business whose products and services
directly improve environmental quality.
(e) 'The Willamette Valley' has the meaning given that term in
ORS 215.010. + }
(2) { + Except as provided in subsections (3) and (4) of this
section, + } a local government may adopt an exception to a goal
if:
(a) The land subject to the exception is physically developed
to the extent that it is no longer available for uses allowed by
the applicable goal;
(b) The land subject to the exception is irrevocably committed
as described by Land Conservation and Development Commission rule
to uses not allowed by the applicable goal because existing
adjacent uses and other relevant factors make uses allowed by the
applicable goal impracticable; or
(c) The following standards are met:
(A) Reasons justify why the state policy embodied in the
applicable goals should not apply;
(B) Areas that do not require a new exception cannot reasonably
accommodate the use;
(C) The long term environmental, economic, social and energy
consequences resulting from the use at the proposed site with
measures designed to reduce adverse impacts are not significantly
more adverse than would typically result from the same proposal
being located in areas requiring a goal exception other than the
proposed site; and
(D) The proposed uses are compatible with other adjacent uses
or will be so rendered through measures designed to reduce
adverse impacts.
{ + (3) A local government in the Willamette Valley may adopt
an exception to a goal for a use that is authorized by the goal,
but cannot comply with the approval standards for that type of
use, and that is necessary for an employer that employs 10 or
more individuals in green-collar jobs without finding that the
standards of subsection (2) of this section have been met.
Notwithstanding subsection (6) of this section, the local
government approving or denying the proposed exception under this
subsection shall set forth findings of fact required for an
exception under this subsection, but need not set forth a
statement of reasons that demonstrate that the standards of
subsection (2) of this section have or have not been met.
(4) A local government outside the Willamette Valley may adopt
an exception to a goal for a use that is authorized by the goal,
but cannot comply with the approval standards for that type of
use, and that is necessary for an employer that employs 10 or
more individuals at a family wage without finding that the
standards of subsection (2) of this section have been met.
Notwithstanding subsection (6) of this section, the local
government approving or denying the proposed exception under this
subsection shall set forth findings of fact required for an
exception under this subsection, but need not set forth a
statement of reasons that demonstrate that the standards of
subsection (2) of this section have or have not been met. + }
{ - (3) - } { + (5) + } The commission shall adopt rules
establishing:
(a) That an exception { + under subsection (2) of this
section + } may be adopted to allow a use authorized by a
statewide planning goal that cannot comply with the approval
standards for that type of use;
(b) Under what circumstances particular reasons may or may not
be used to justify an exception under subsection (2)(c)(A) of
this section; and
(c) Which uses allowed by the applicable goal must be found
impracticable under subsection (2) of this section.
{ - (4) - } { + (6) + } A local government approving or
denying a proposed exception shall set forth findings of fact and
a statement of reasons that demonstrate that the standards of
subsection (2) of this section have or have not been met.
{ - (5) - } { + (7) + } Each notice of a public hearing on
a proposed exception shall specifically note that a goal
exception is proposed and shall summarize the issues in an
understandable manner.
{ - (6) - } { + (8) + } Upon review of a decision approving
or denying an exception { + under subsection (2) of this
section + }:
(a) The Land Use Board of Appeals or the commission shall be
bound by any finding of fact for which there is substantial
evidence in the record of the local government proceedings
resulting in approval or denial of the exception;
(b) The board upon petition, or the commission, shall determine
whether the local government's findings and reasons demonstrate
that the standards of subsection (2) of this section have or have
not been met; and
(c) The board or commission shall adopt a clear statement of
reasons that sets forth the basis for the determination that the
standards of subsection (2) of this section have or have not been
met.
{ - (7) - } { + (9) + } The commission shall by rule
establish the standards required to justify an exception to the
definition of ' needed housing' authorized by ORS 197.303 (3).
{ - (8) - } { + (10) + } An exception acknowledged under
ORS 197.251, 197.625 or 197.630 (1) (1981 Replacement Part) on or
before August 9, 1983, continues to be valid and is not subject
to this section.
----------