76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
 
HA to HB 3615
 
LC 4032/HB 3615-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 3615
 
                    By COMMITTEE ON JUDICIARY
 
                            April 27
 
  On page 1 of the printed bill, delete lines 4 through 29 and
delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + }  { + Section 2 of this 2011 Act is added
to and made a part of ORS chapter 195. + }
  '  { +  SECTION 2. + }  { + (1) Jackson, Josephine and Douglas
Counties may, after entering into an intergovernmental agreement,
petition the Land Conservation and Development Commission to
establish a definition of the term 'agricultural land' or
'forestland' for purposes of statewide land use planning in the
three counties or in a specified region within the three
counties.
  ' (2) If a petition is filed with the commission:
  ' (a) The petition must identify the region to which the
definitions apply, taking into consideration:
  ' (A) The need to address similar and related lands as one
region; and
  ' (B) The need to address similar and related farm practices
and products or forest practices and products in a region in a
consistent manner.
  ' (b) The commission shall coordinate with all local
governments in the affected region.
  ' (3) The commission is not subject to ORS 197.235 (1)(a) for
the purpose of establishing definitions under this section.
However, the commission shall hold at least one public hearing in
each county in which the definitions would apply.
  ' (4) The commission shall base definitions established under
this section on the characteristics of the land, commercial farm
or forest practices in the region, ORS 215.243 and 215.700 and on
consideration of the following factors:
  ' (a) The capability and suitability of the soil for commercial
farming or forestry;
  ' (b) The long-term viability of current and potential future
commercial farm or forest operations on the land;
  ' (c) The availability of water needed to sustain current or
anticipated commercial farm operations on the land;
  ' (d) The commercial farm or forest land use pattern, including
parcelization, tenure and ownership patterns of the land and
nearby lands; and
  ' (e) Opportunities for alternative economic uses of the land
that would enhance the employment base of the counties and
provide jobs to the region, as identified by the counties filing
the petition.
  ' (5) A county that elects to amend its comprehensive plan and
zoning map designations based on definitions made pursuant to
this section shall:
  ' (a) Comply with the requirements of ORS 215.791; and
  ' (b) Submit the proposed amendments to the commission pursuant
to ORS 215.794. + }
  '  { +  SECTION 3. + }  { + In addition to and not in lieu of
any other appropriation, there is appropriated to the Department
of Land Conservation and Development, for the biennium beginning
July 1, 2011, out of the General Fund, the amount of $350,000,
which may be distributed in the form of grants to Jackson,
Josephine and Douglas Counties to assist the counties to take
action under section 2 of this 2011 Act. + }
  '  { +  SECTION 4. + }  { + (1) The Department of Land
Conservation and Development shall make grant moneys appropriated
to the department by section 3 of this 2011 Act available to
Jackson, Josephine and Douglas Counties after the counties have
entered into an intergovernmental agreement pursuant to ORS
195.025 (2).
  ' (2) Upon entering into the intergovernmental agreement,
Jackson, Josephine and Douglas Counties may proceed immediately
under section 2 of this 2011 Act. + }
  '  { +  SECTION 5. + }  { + For the biennium beginning July 1,
2013, the Land Conservation and Development Commission shall,
upon receipt of a petition filed by adjoining counties, select at
least one, but not more than two, additional regions for which to
consider establishing a definition of the term 'agricultural
land' or ' forestland' for purposes of statewide land use
planning in the manner set forth in section 2 of this 2011
Act. + } ' .
                         ----------