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 2960
 
                           A-Engrossed
 
                         Senate Bill 741
                   Ordered by the Senate May 5
             Including Senate Amendments dated May 5
 
Sponsored by COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
 
 
                             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.
 
    { - Declares Metolius River Basin and area of influence to
be - }  { +  Approves recommendation of Land Conservation and
Development Commission that Metolius River Basin be
designated + } area of critical state concern.   { - Directs
Department of Land Conservation and Development to review land in
area and recommend management plan. - }   { + Approves management
plan included in commission's recommendation. Makes certain
changes to plan.
  Restricts new developments in Metolius River Basin. + }
Restricts siting of destination resort in Metolius River Basin.
   { +  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to protection of Metolius River Basin; 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 the commission shall:
  (a) Amend section 1.2.4 of the management plan by deleting the
following text: 'If the 2009 Legislative Assembly enacts a bill
that provides for an owner, or affiliate of an owner, of the
property described in this section to carry out a pilot project
to develop a sustainable eco-community outside of Area 1 and Area
2, then the development authorized by this section is limited to
two forest dwellings. '
  (b) Substantively limit development authorized in section 2.2.3
of the management plan, or define 'contiguous,' as used in
section 2.2.3 of the management plan, so that the development of
units can occur on up to 25 clusters that may be connected only
by a road system.
  (4) 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 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.  { + 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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