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 2065
 
                         Senate Bill 675
 
Sponsored by Senator PROZANSKI (at the request of Robert Ball)
 
 
                             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 governing bodies of counties and cities to adopt and
implement solar access protection ordinances. Establishes
standards for solar access protection ordinances.
 
                        A BILL FOR AN ACT
Relating to solar access; creating new provisions; and amending
  ORS 215.044 and 227.190.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 215.044 is amended to read:
  215.044. (1) County governing bodies   { - may - }
 { + shall + } adopt and implement solar access ordinances. The
ordinances shall provide and protect to the extent feasible solar
access to the south face of buildings during solar heating hours,
taking into account latitude, topography, microclimate, existing
development, existing vegetation and planned uses and densities.
The county governing body shall  { + provide protection for
existing solar devices from structures developed or vegetation
planted or grown after the construction or installation of the
solar device, and shall + } consider for inclusion in any solar
access ordinance, but not be limited to, standards for:
  (a) The orientation of new streets, lots and parcels;
  (b) The placement, height, bulk and orientation of new
buildings;
  (c) The type and placement of new trees on public street rights
of way and other public property; and
  (d) Planned uses and densities to conserve energy, facilitate
the use of solar energy, or both.
  (2) The State Department of Energy shall actively encourage and
assist county governing bodies' efforts to protect and provide
for solar access.
  (3) As used in this section, 'solar heating hours' means those
hours between three hours before and three hours after the sun is
at its highest point above the horizon on December 21.
  SECTION 2. ORS 227.190 is amended to read:
  227.190. (1) City councils   { - may - }   { + shall + } adopt
and implement solar access ordinances. The ordinances shall
provide and protect to the extent feasible solar access to the
south face of buildings during solar heating hours, taking into
account latitude, topography, microclimate, existing development,
existing vegetation and planned uses and densities. The city
council shall  { +  provide protection for existing solar devices
from structures developed or vegetation planted or grown after
the construction or installation of the solar device, and
shall + } consider for inclusion in any solar access ordinance,
but not be limited to, standards for:
  (a) The orientation of new streets, lots and parcels;
  (b) The placement, height, bulk and orientation of new
buildings;
  (c) The type and placement of new trees on public street rights
of way and other public property; and
  (d) Planned uses and densities to conserve energy, facilitate
the use of solar energy, or both.
  (2) The State Department of Energy shall actively encourage and
assist city councils' efforts to protect and provide for solar
access.
  (3) As used in this section, 'solar heating hours' means those
hours between three hours before and three hours after the sun is
at its highest point above the horizon on December 21.
  SECTION 3.  { + Solar access protection ordinances required by
the amendments to ORS 215.044 and 227.190 by sections 1 and 2 of
this 2009 Act must be adopted and made effective within one year
after the effective date of this 2009 Act. + }
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