68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
HA to A-Eng. SB 1156
LC 3-A-SS
HOUSE AMENDMENTS TO
A-ENGROSSED SENATE BILL 1156
By COMMITTEE ON RULES
August 1
On ****************************page 1 of the printed
A-engrossed bill, line 2, after the first semicolon delete the
rest of the line and insert 'creating new provisions; amending
ORS 197.090, 197.830, 215.705, 215.720, 215.740, 215.780,
468A.363, 479.540, 527.620, 527.630, 527.670, 527.687, 527.736,
527.740, 527.745, 527.750, 527.755, 527.990 and 527.992 and
sections 2 and 3, chapter 393, Oregon Laws 1991; repealing ORS
166.245; appropriating money; limiting expenditures; and
declaring an'.
On ****************************page 15, line 40, after the
period insert 'Except as provided in subsection (4) of this
section,'.
On ****************************page 16, after line 10, insert:
' (4) In each year in which moneys are distributed to counties
under this section, $1.5 million from the moneys in the
Transportation Equity Account that would otherwise be distributed
to counties under subsections (1) and (2) of this section shall
be set up in a separate account to be administered by the
Department of Transportation for the counties. Moneys from the
account shall be used for essential transportation projects. The
department shall enter into agreements with counties upon the
advice and counsel of the Association of Oregon Counties to
establish the method of allocating moneys from the account.'.
After line 25, insert:
' **************************** { + SECTION 16b. + } { + (1)
A governmental unit within the Portland metropolitan region shall
not, after July 1, 1995, impose or increase a transportation
system development charge or a transportation impact fee and
shall adjust the methodology used by the governmental unit when
determining the amount of such fee or charge to reflect the
reduced number of vehicle trips that result from the
implementation of the Transportation Planning Rule and the
construction and operation of the Westside and South North light
rail lines.
' (2) A governmental unit outside the Portland metropolitan
region shall not, after July 1, 1995, impose or increase a
transportation system development charge or a transportation
impact fee and shall adjust the methodology used by the
governmental unit when determining the amount of such fee or
charge to reflect improvements in transportation facilities
financed with moneys from the Transportation Equity Account.
' (3) A governmental unit shall not impose a transportation
system development charge or a transportation impact fee for any
development of land or construction of improvements within
one-half mile of a passenger station on a light rail line.
' (4) A governmental unit that has or adopts transportation
system development charges shall:
' (a) Establish fees or charges for individual districts or
areas that are roughly proportionate to their probable use of
improvements funded with system development charges.
' (b) Establish lower charges or fees for uses that incorporate
measures that can reasonably be expected to reduce vehicle trip
generation than for comparable uses that do not incorporate such
measures. Measures that can reasonably be expected to reduce
vehicle trip generation include location within a
transit-oriented development or a pedestrian district, enhanced
pedestrian, bicycle or transit facilities or related design
features or demand management measures.
' (5) Nothing in subsection (4) of this section is intended to
make adoption or amendment of a system development charge a land
use decision contrary to ORS chapter 223 or to require
governmental units to set system development charges in a manner
inconsistent with ORS chapter 223. + } ' .
On ****************************page 29, after line 28, insert:
' **************************** { + SECTION 30a. + } { + A
metropolitan service district organized under ORS chapter 268
shall submit an advisory question set forth in section 30b of
this Act to the electors of the metropolitan service district on
the date specified in section 30b of this Act. The ballot shall
be designed so that electors may vote yes or no on the question.
Except as provided in this Act, ORS chapter 255 shall govern the
election on the advisory question.
+ } ' **************************** { + SECTION 30b. + }
{ + (1) The advisory question submitted shall be stated on the
ballot as follows: + }
å _______________________________________________________________
' { + QUESTION: Shall construction of the South North
lightrail line be continued? + }
å _______________________________________________________________
' { + (2) The advisory question referred to in subsection (1)
of this section shall be submitted to the electors of the
metropolitan service district on an election date specified by
the district election authority in the order calling the
election. The election date shall follow the adoption of a land
use final order as provided in section 25 of this Act. The
election date shall not be sooner than the next available date in
ORS 255.345 for which the filing deadline may be met and shall
not be later than 180 days following the adoption of a land use
final order.
' (3) If a county in which the metropolitan service district is
located prepares a voters' pamphlet for the election on the
advisory question described in section 30a of this Act and this
section, the voters' pamphlet shall include the following
information supplied by the metropolitan service district:
' (a) The configuration of light rail services in the
metropolitan area exclusive of Clark County, Washington;
' (b) Then-existing expenditure and debt projections; and
' (c) Provisions in the land use final order on the light rail
route, stations, lots and maintenance facilities, and the highway
improvements, including their locations.
' (4) If a county does not produce a voters' pamphlet for the
election on the advisory question described in section 30a of
this Act and this section, the metropolitan service district
shall cause the information described in subsection (3) of this
section to be mailed to the household of each registered voter
that is located in the county and the metropolitan service
district.
' (5) The metropolitan service district shall consider the
results of the election on the advisory question in making any
decisions or taking any actions pursuant to sections 1 to 18 of
this Act. + } ' .
After line 31, insert:
' { + **************************** SECTION 31a. + } { +
According to the provisions of ORS 192.230 to 192.250 and
beginning in 1999, Metro shall report to the Legislative Assembly
by January 15 of each odd-numbered year on the implementation of
the South North Line. The report shall contain information on
residential housing densities in the metropolitan service
district and the geographic, economic and transportation
relationships between the densities and the South North Line. The
report shall compare housing densities at the time of the report
to density projections contained in project plans. The report
shall contain information on the construction status of the South
North Line, projected expenditures for complete construction and
maintenance of the line, expenditures from the South North
Construction Fund and the Light Rail Bond Fund, and all financial
obligations incurred by Metro and Tri-Met in planning,
construction and operation of the South North Line. The report
also shall contain information on planned, actual and projected
ridership. + }
' **************************** { + SECTION 31b. + }
{ + Section 31a of this Act is repealed July 1, 2019. + } ' .
On ****************************page 37, after line 10, insert:
{ +
' LAND USE + }
' **************************** { + SECTION 35. + }
{ + Sections 35a to 35e of this Act are added to and made a part
of ORS chapter 215. + }
' **************************** { + SECTION 35a. + } { + (1)
In carrying out its duties, the Land Conservation and Development
Commission shall not adopt rules or goals for rural lands that
prohibit or limit uses established in ORS 215.213 or 215.283.
' (2) The limitations on uses made of land in exclusive farm
use zones described in ORS 215.283, 215.284 and 215.705 to
215.780 and limitations imposed by or adopted pursuant to ORS
197.040 do not apply to the uses allowed under section 35c of
this 1995 special session Act.
' (3) The provisions of this section do not affect the
eligibility of a zone for special assessment as provided in ORS
308.370 and 308.404. + }
' **************************** { + SECTION 35b. + } { + Any
portion of a goal, rule, comprehensive plan, land use regulation
or ordinance not in conformance with the provisions of section
35a of this 1995 special session Act on the effective date of
this 1995 special session Act:
' (1) Shall not be implemented or enforced; and
' (2) Has no legal effect. + }
' **************************** { + SECTION 35c. + } { + In
addition to uses allowed under ORS 215.213, 215.283 and 215.284,
farm-related dwellings may be allowed by a county when the
minimum standards set forth in this section have been met. A
single-family dwelling may be sited on a lot or parcel zoned for
exclusive farm use if:
' (1)(a) The lot or parcel does not have a dwelling;
' (b) The lot or parcel was legally created prior to March
1994;
' (c) The lot or parcel is at least 40 acres in size; and
' (d) The applicant submits a farm management plan consistent
with farm use as defined in ORS 215.203.
' (2)(a) The lot or parcel does not have a dwelling;
' (b) The lot or parcel was legally created prior to March 1994
and is located in the Willamette Valley;
' (c) The lot or parcel is less than 40 acres in size; and
' (d) The applicant submits a farm management plan that
demonstrates that the parcel is capable of producing farm
products with a combined income of $40,000.
' (3)(a) The lot or parcel does not have a dwelling;
' (b) The lot or parcel was legally created prior to March 1994
and is located outside the Willamette Valley;
' (c) The lot or parcel is less than 40 acres in size; and
' (d) The applicant submits a farm management plan that
demonstrates that the parcel is capable of producing farm
products with a combined income of $20,000.
' (4)(a) The lot or parcel does not have a dwelling;
' (b) The lot or parcel was legally created after March 1994;
' (c) The lot or parcel is the lesser of 80 acres or twice the
minimum parcel size; and
' (d) The applicant submits a farm management plan consistent
with farm use as described in ORS 215.203.
' (5)(a) The lot or parcel does not have a dwelling;
' (b) The lot or parcel was legally created after March 1994
and is located in the Willamette Valley;
' (c) The lot or parcel is less than 80 acres or less than
twice the minimum parcel size; and
' (d) The applicant submits a farm management plan that
demonstrates that the parcel is capable of producing farm
products with a combined income of $40,000.
' (6)(a) The lot or parcel does not have a dwelling;
' (b) The lot or parcel was legally created after March 1994
and is located outside the Willamette Valley;
' (c) The lot or parcel is less than 80 acres or less than
twice the minimum parcel size; and
' (d) The applicant submits a farm management plan that
demonstrates that the parcel is capable of producing farm
products with a combined income of $20,000. + }
' **************************** { + SECTION 35d. + } { + In
addition to uses allowed under ORS 215.213, 215.283, and 215.284,
a county may allow the siting of a single-family dwelling on a
lot or parcel located within an exclusive farm use zone as
defined in ORS 215.203 provided that:
' (1) In eastern Oregon the lot or parcel consists of 155
contiguous acres; or
' (2) In western Oregon, the lot or parcel consists of 75
contiguous acres. + }
' **************************** { + SECTION 35e. + } { + In
addition to standards a county may establish in allowing a farm
dwelling, the county shall require the following:
' (1)(a) That the farm management plan be substantially
completed prior to the approval of the dwelling. Substantial
completion may be deemed satisfied when a minimum of 50 percent
of the physical improvements of the management plan are complete;
or
' (b) If the requirements of paragraph (a) of this subsection
are not met, that a county designee shall visit the subject
parcel within five but no sooner than three years of the approval
of the dwelling to determine satisfactory implementation. If the
farm management plan has not been substantially completed, the
county shall disqualify the parcel for farm use valuation under
ORS 308.370 (1) and assess the parcel under ORS 308.232. A
penalty against the property consistent with ORS 308.378 and
308.382 shall be established; and
' (2) That the landowner for the dwelling sign a statement
declaring that the landowner will not in the future complain
about accepted farming or forest practices on nearby lands
devoted to farm or forest use. + }
' **************************** { + SECTION 35f. + } ORS
197.090, as amended by section 23, chapter 595, Oregon Laws 1995,
is amended to read:
' 197.090. (1) Subject to policies adopted by the Land
Conservation and Development Commission, the Director { + of the
Department of Land Conservation and Development + } shall:
' (a) Be the administrative head of the Department of Land
Conservation and Development.
' (b) Coordinate the activities of the department in its land
conservation and development functions with such functions of
federal agencies, other state agencies, local governments and
special districts.
' (c) Appoint, reappoint, assign and reassign all subordinate
officers and employees of the department, prescribe their duties
and fix their compensation, subject to the State Personnel
Relations Law.
' (d) Represent this state before any agency of this state, any
other state or the United States with respect to land
conservation and development within this state.
' (e) Provide clerical and other necessary support services for
the { + Land Use + } Board { + of Appeals + }.
' (2) { - Subject to local government requirements and the
provisions of ORS 197.830 to 197.845 - } { + Except for
individual land use decisions, other than amendments to
acknowledged comprehensive plans and limited land use
decisions + }, the director may participate in and seek review of
{ - a land use decision, expedited land division or limited land
use decision involving the goals, acknowledged comprehensive plan
or land use regulation or other matter - } { + matters + }
within the statutory authority of the department or commission
under ORS chapters 195, 196 and 197. { + However, the director
may participate in and seek review of a land use decision,
expedited land division or limited land use decision that
involves the goals, an amendment to an acknowledged comprehensive
plan or land use regulation or other matter that addresses the
siting of mineral or aggregate operations or the establishment of
an airport zone. + } The director shall report to the commission
on each case in which the department participates and on the
positions taken by the director in each case.
' **************************** { + SECTION 35g. + } ORS
197.830, as amended by section 1, chapter 160, and section 3,
chapter 595, Oregon Laws 1995, is amended to read:
' 197.830. (1) Review of land use decisions or limited land use
decisions under ORS 197.830 to 197.845 shall be commenced by
filing a notice of intent to appeal with the Land Use Board of
Appeals.
' (2) Except as provided in ORS 197.620 (1) and (2), a person
may petition the board for review of a land use decision or
limited land use decision if the person:
' (a) Filed a notice of intent to appeal the decision as
provided in subsection (1) of this section; and
' (b) Appeared before the local government, special district or
state agency orally or in writing.
' (3) If a local government makes a land use decision without
providing a hearing or the local government makes a land use
decision which is different from the proposal described in the
notice to such a degree that the notice of the proposed action
did not reasonably describe the local government's final actions,
a person adversely affected by the decision may appeal the
decision to the board under this section:
' (a) Within 21 days of actual notice where notice is required;
or
' (b) Within 21 days of the date a person knew or should have
known of the decision where no notice is required.
' (4) If a local government makes a limited land use decision
which is different from the proposal described in the notice to
such a degree that the notice of the proposed action did not
reasonably describe the local government's final actions, a
person adversely affected by the decision may appeal the decision
to the board under this section:
' (a) Within 21 days of actual notice where notice is required;
or
' (b) Within 21 days of the date a person knew or should have
known of the decision where no notice is required.
' (5)(a) Except as provided in paragraph (b) of this
subsection, the appeal period described in subsection (3) of this
section shall not exceed three years after the date of the
decision.
' (b) If notice of a hearing or an administrative decision made
pursuant to ORS 197.763, 197.195, 215.416 (11) or ORS 227.175
(10) is required but has not been provided, the provisions of
paragraph (a) of this subsection do not apply.
' (6)(a) Within a reasonable time after a petition for review
has been filed with the board, any person { + , except the
Department of Land Conservation and Development or the Land
Conservation and Development Commission, + } may intervene in and
be made a party to the review proceeding upon a showing of
compliance with subsection (2) of this section.
' (b) Notwithstanding the provisions of paragraph (a) of this
subsection, persons who may intervene in and be made a party to
the review proceedings, as set forth in subsection (1) of this
section, are:
' (A) The applicant who initiated the action before the local
government, special district or state agency; or
' (B) Persons who appeared before the local government, special
district or state agency, orally or in writing.
' (7) If a state agency whose order, rule, ruling, policy or
other action is at issue is not a party to the proceeding, it may
file a brief with the board as if it were a party. The brief
shall be due on the same date the respondent's brief is due.
' (8) A notice of intent to appeal a land use decision or
limited land use decision shall be filed not later than 21 days
after the date the decision sought to be reviewed becomes final.
A notice of intent to appeal plan and land use regulation
amendments processed pursuant to ORS 197.610 to 197.625 shall be
filed not later than 21 days after the decision sought to be
reviewed is mailed to parties entitled to notice under ORS
197.615. Copies of the notice of intent to appeal shall be served
upon the local government, special district or state agency and
the applicant of record, if any, in the local government, special
district or state agency proceeding. The notice shall be served
and filed in the form and manner prescribed by rule of the board
and shall be accompanied by a filing fee of $50 and a deposit for
costs to be established by the board. If a petition for review is
not filed with the board as required in subsections (9) and (10)
of this section, the filing fee and deposit shall be awarded to
the local government, special district or state agency as cost of
preparation of the record.
' (9)(a) Within 21 days after service of the notice of intent
to appeal, the local government, special district or state agency
shall transmit to the board the original or a certified copy of
the entire record of the proceeding under review. By stipulation
of all parties to the review proceeding the record may be
shortened. The board may require or permit subsequent corrections
to the record.
' (b) Within 10 days after service of a notice of intent to
appeal, the board shall provide notice to the petitioner and the
respondent of their option to enter into mediation pursuant to
ORS 197.860. Any person moving to intervene shall be provided
such notice within seven days after a motion to intervene is
filed. The notice required by this paragraph shall be accompanied
by a statement that mediation information or assistance may be
obtained from the Department of Land Conservation and
Development, the coordinating agency for the Natural Resources
Section of the Public Policy Dispute Resolution Program.
' (10) A petition for review of the land use decision or
limited land use decision and supporting brief shall be filed
with the board as required by the board under subsection (12) of
this section.
' (11) The petition shall include a copy of the decision sought
to be reviewed and shall state:
' (a) The facts that establish that the petitioner has
standing.
' (b) The date of the decision.
' (c) The issues the petitioner seeks to have reviewed.
' (12)(a) The board shall adopt rules establishing deadlines
for filing petitions and briefs and for oral argument.
' (b) At any time subsequent to the filing of a notice of
intent and prior to the date set for filing the record, the local
government or state agency may withdraw its decision for purposes
of reconsideration. If a local government or state agency
withdraws an order for purposes of reconsideration, it shall,
within such time as the board may allow, affirm, modify or
reverse its decision. If the petitioner is dissatisfied with the
local government or agency action after withdrawal for purposes
of reconsideration, the petitioner may refile the notice of
intent and the review shall proceed upon the revised order. An
amended notice of intent shall not be required if the local
government or state agency, on reconsideration, affirms the order
or modifies the order with only minor changes.
' (13) The board shall issue a final order within 77 days after
the date of transmittal of the record. If the order is not issued
within 77 days the applicant may apply in Marion County or the
circuit court of the county where the application was filed for a
writ of mandamus to compel the board to issue a final order.
' (14)(a) Upon entry of its final order the board may, in its
discretion, award costs to the prevailing party including the
cost of preparation of the record if the prevailing party is the
local government, special district or state agency whose decision
is under review. The deposit required by subsection (8) of this
section shall be applied to any costs charged against the
petitioner.
' (b) The board shall also award reasonable attorney fees and
expenses to the prevailing party against any other party who the
board finds presented a position without probable cause to
believe the position was well-founded in law or on factually
supported information.
' (15) Orders issued under this section may be enforced in
appropriate judicial proceedings.
' (16)(a) The board shall provide for the publication of its
orders that are of general public interest in the form it deems
best adapted for public convenience. The publications shall
constitute the official reports of the board.
' (b) Any moneys collected or received from sales by the board
shall be paid into the Board Publications Account established by
ORS 197.832.
' (17) Except for any sums collected for publication of board
opinions, all fees collected by the board under this section that
are not awarded as costs shall be paid over to the State
Treasurer to be credited to the General Fund.
' **************************** { + SECTION 35h. + } ORS
215.705, as amended by section 7, chapter 812, Oregon Laws 1995,
is amended to read:
' 215.705. (1) A governing body of a county or its designate
may allow the establishment of a single-family dwelling on a lot
or parcel located within a farm or forest zone as set forth in
this section and ORS 215.710, 215.720, 215.740 and 215.750 after
notifying the county assessor that the governing body intends to
allow the dwelling. A dwelling under this section may be allowed
if:
' (a) The lot or parcel on which the dwelling will be sited was
lawfully created and was acquired by the present owner:
' (A) Prior to { - January 1, 1985 - } { + March 1,
1994 + }; or
' (B) By devise or by intestate succession from a person who
acquired the lot or parcel prior to January 1, 1985.
' (b) The tract on which the dwelling will be sited does not
include a dwelling.
' (c) The proposed dwelling is not prohibited by, and will
comply with, the requirements of the acknowledged comprehensive
plan and land use regulations and other provisions of law.
' (d) The lot or parcel on which the dwelling will be sited, if
zoned for farm use, is not on that high-value farmland described
in ORS 215.710 { - except as provided in subsections (2) and
(3) of this section - } .
' (e) The lot or parcel on which the dwelling will be sited, if
zoned for forest use, is described in ORS 215.720, 215.740 or
215.750.
' (f) When the lot or parcel on which the dwelling will be
sited lies within an area designated in an acknowledged
comprehensive plan as habitat of big game, the siting of the
dwelling is consistent with the limitations on density upon which
the acknowledged comprehensive plan and land use regulations
intended to protect the habitat are based.
' (g) When the lot or parcel on which the dwelling will be
sited is part of a tract, the remaining portions of the tract are
consolidated into a single lot or parcel when the dwelling is
allowed.
' { - (2)(a) Notwithstanding the requirements of subsection
(1)(d) of this section, a single-family dwelling not in
conjunction with farm use may be sited on high-value farmland
if: - }
' { - (A) It meets the other requirements of ORS 215.705 to
215.750; - }
' { - (B) The lot or parcel is protected as high-value
farmland as described under ORS 215.710 (1); and - }
' { - (C) A hearings officer of a county determines that: - }
' { - (i) The lot or parcel cannot practicably be managed for
farm use, by itself or in conjunction with other land, due to
extraordinary circumstances inherent in the land or its physical
setting that do not apply generally to other land in the
vicinity. - }
' { - (ii) The dwelling will comply with the provisions of ORS
215.296 (1). - }
' { - (iii) The dwelling will not materially alter the
stability of the overall land use pattern in the area. - }
' { - (b) A local government shall provide notice of all
applications for dwellings allowed under this subsection to the
State Department of Agriculture. Notice shall be provided in
accordance with the governing body's land use regulations but
shall be mailed at least 20 calendar days prior to the public
hearing before the hearings officer under paragraph (a) of this
subsection. - }
' { - (3) Notwithstanding the requirements of subsection
(1)(d) of this section, a single-family dwelling not in
conjunction with farm use may be sited on high-value farmland
if: - }
' { - (a) It meets the other requirements of ORS 215.705 to
215.750. - }
' { - (b) The tract on which the dwelling will be sited
is: - }
' { - (A) Identified in ORS 215.710 (3) or (4); - }
' { - (B) Not protected under ORS 215.710 (1); and - }
' { - (C) Twenty-one acres or less in size. - }
' { - (c)(A) The tract is bordered on at least 67 percent of
its perimeter by tracts that are smaller than 21 acres, and at
least two such tracts had dwellings on them on January 1, 1993;
or - }
' { - (B) The tract is bordered on at least 25 percent of its
perimeter by tracts that are smaller than 21 acres, and at least
four dwellings existed on January 1, 1993, within one-quarter
mile of the center of the subject tract. Up to two of the four
dwellings may lie within the urban growth boundary, but only if
the subject tract abuts an urban growth boundary. - }
' { - (4) - } { + (2) + } If land is in a zone that allows
both farm and forest uses, and is acknowledged to be in
compliance with goals relating to both agriculture and forestry
and may qualify as an exclusive farm use zone under ORS chapter
215, the county may apply the standards for siting a dwelling
under either subsection (1)(d) of this section or ORS 215.720,
215.740 and 215.750 as appropriate for the predominant use of the
tract on January 1, 1993.
' { - (5) - } { + (3) + } A county may, by application of
criteria adopted by ordinance, deny approval of a dwelling
allowed under this section in any area where the county
determines that approval of the dwelling would:
' (a) Exceed the facilities and service capabilities of the
area;
' (b) Materially alter the stability of the overall land use
pattern in the area; or
' (c) Create conditions or circumstances that the county
determines would be contrary to the purposes or intent of its
acknowledged comprehensive plan or land use regulations.
' { - (6) - } { + (4) + } For purposes of subsection (1)(a)
of this section, 'owner' includes the wife, husband, son,
daughter, mother, father, brother, brother-in-law, sister,
sister-in-law, son-in-law, daughter-in-law, mother-in-law,
father-in-law, aunt, uncle, niece, nephew, stepparent, stepchild,
grandparent or grandchild of the owner or a business entity owned
by any one or combination of these family members.
' { - (7) - } { + (5) + } When a local government approves
an application for a single-family dwelling under the provisions
of this section, the application may be transferred by a person
who has qualified under this section to any other person after
the effective date of the land use decision.
' **************************** { + SECTION 35i. + } ORS
215.720 is amended to read:
' 215.720. (1) A dwelling authorized under ORS 215.705 may be
allowed on land zoned for forest use under a goal protecting
forestland only if:
' (a) The tract on which the dwelling will be sited is in
western Oregon, as defined in ORS 321.257, and is composed of
soils not capable of producing { - 5,000 - } { + 4,000 + }
cubic feet per year of commercial tree species and is located
within 1,500 feet of a public road as defined under ORS 368.001.
The road shall not be a United States Forest Service road or
Bureau of Land Management road and shall be maintained and either
paved or surfaced with rock.
' (b) The tract on which the dwelling will be sited is in
eastern Oregon, as defined in ORS 321.405, and is composed of
soils not capable of producing { - 4,000 - } { + 3,000 + }
cubic feet per year of commercial tree species and is located
within 1,500 feet of a public road as defined under ORS 368.001.
The road shall not be a United States Forest Service road or
Bureau of Land Management road and shall be maintained and either
paved or surfaced with rock.
' (2) For purposes of this section, 'commercial tree species '
means trees recognized under rules adopted under ORS 527.715 for
commercial production.
' (3) No dwelling other than those described in this section
and ORS 215.740 and 215.750 may be sited on land zoned for forest
use under a land use planning goal protecting forestland.
' **************************** { + SECTION 35j. + } ORS
215.740 is amended to read:
' 215.740. (1) If a dwelling is not allowed under ORS 215.720
(1), a dwelling may be allowed on land zoned for forest use under
a goal protecting forestland if it complies with other provisions
of law and is sited on a tract:
' (a) In eastern Oregon of at least { - 240 - } { + 155 + }
contiguous acres except as provided in subsection (3) of this
section; or
' (b) In western Oregon of at least { - 160 - } { + 75 + }
contiguous acres except as provided in subsection (3) of this
section.
' (2) For purposes of subsection (1) of this section, a tract
shall not be considered to consist of less than { - 240 - }
{ + 155 + } acres or
{ - 160 - } { + 75 + } acres because it is crossed by a
public road or a waterway.
' (3)(a) An owner of tracts that are not contiguous but are in
the same county or adjacent counties and zoned for forest use may
add together the acreage of two or more tracts to total
{ - 320 - } { + 200 + } acres or more in eastern Oregon or
{ - 200 - } { + 95 + } acres or more in western Oregon to
qualify for a dwelling under subsection (1) of this section.
' (b) If an { - owner - } { + owner's acreage + } totals
{ - 320 or 200 - } { + 200 or 95 + } acres, as appropriate,
under paragraph (a) of this subsection, the owner shall submit
proof of nonrevocable deed restrictions recorded in the deed
records for the tracts in the
{ - 320 or 200 - } { + 200 or 95 + } acres, as appropriate.
The deed restrictions shall preclude all future rights to
construct a dwelling on the tracts or to use the tracts to total
acreage for future siting of dwellings for present and any future
owners unless the tract is no longer subject to protection under
goals for agricultural lands or forestlands.
' (c) The Land Conservation and Development Commission shall
adopt rules that prescribe the language of the deed restriction,
the procedures for recording, the procedures under which counties
shall keep records of lots or parcels used to create the total,
the mechanisms for providing notice to subsequent purchasers of
the limitations under paragraph (b) of this subsection and other
rules to implement this section.
' **************************** { + SECTION 35k. + } ORS
215.780, as amended by section 1, chapter 700, Oregon Laws 1995,
is amended to read:
' 215.780. (1) Except as provided in subsection (2) of this
section, the following minimum lot or parcel sizes apply to all
counties:
' (a) For land zoned for exclusive farm use { + , that is not
high value farmland as defined in ORS 215.710 + } and not
designated rangeland, at least { - 80 - } { + 20 + } acres;
{ +
' (b) For land that is high value farmland as defined in ORS
215.710, at least 40 acres; + }
' { - (b) - } { + (c) + } For land zoned for exclusive farm
use and designated rangeland, at least { - 160 - } { + 80 + }
acres; and
' { - (c) - } { + (d) + } For land designated forestland, at
least { - 80 - } { + 40 + } acres.
' (2) A county may adopt a lower minimum lot or parcel size
than that described in subsection (1) of this section in any of
the following circumstances:
' (a) By demonstrating to the Land Conservation and Development
Commission that it can do so while continuing to meet the
requirements of ORS 215.243 and 527.630 and the land use planning
goals adopted under ORS 197.230.
' (b) To allow the establishment of a parcel for a dwelling on
land zoned for forest use or mixed farm and forest use, subject
to the following requirements:
' (A) The parcel established shall not be larger than five
acres, except as necessary to recognize physical factors such as
roads or streams, in which case the parcel shall be no larger
than 10 acres;
' (B) The dwelling existed prior to June 1, 1995;
' (C)(i) The remaining parcel, not containing the dwelling,
meets the minimum land division standards of the zone; or
' (ii) The remaining parcel, not containing the dwelling, is
consolidated with another parcel, and together the parcels meet
the minimum land division standards of the zone; and
' (D) The remaining parcel, not containing the dwelling, is not
entitled to a dwelling unless subsequently authorized by law or
goal.
' (c) In addition to the requirements of paragraph (b) of this
subsection, if the land is zoned for mixed farm and forest use
the following requirements apply:
' (A) The minimum tract eligible under paragraph (b) of this
subsection is 40 acres.
' (B) The tract shall be predominantly in forest use and that
portion in forest use qualified for special assessment under a
program under ORS chapter 321.
' (C) The remainder of the tract shall not qualify for any uses
allowed under ORS 215.213 and 215.283 that are not allowed on
forestland.
' (d) To allow a division of forestland to facilitate a forest
practice as defined in ORS 527.620 that results in a parcel that
does not meet the minimum area requirements of subsection (1)(c)
of this section or paragraph (a) of this subsection. Parcels
created pursuant to this subsection:
' (A) Shall not be eligible for siting of a new dwelling;
' (B) Shall not serve as the justification for the siting of a
future dwelling on other lots or parcels;
' (C) Shall not, as a result of the land division, be used to
justify redesignation or rezoning of resource lands;
' (D) Shall not result in a parcel of less than 35 acres,
except:
' (i) Where the purpose of the land division is to facilitate
an exchange of lands involving a governmental agency; or
' (ii) Where the purpose of the land division is to allow
transactions in which at least one participant is a person with a
cumulative ownership of at least 2,000 acres of forestland; and
' (E) If associated with the creation of a parcel where a
dwelling is involved, shall not result in a parcel less than the
minimum lot or parcel size of the zone.
' (3) A county with a minimum lot or parcel size acknowledged
by the commission pursuant to ORS 197.251 after January 1, 1987,
or acknowledged pursuant to periodic review requirements under
ORS 197.628 to 197.636 that is smaller than those prescribed in
subsection (1) of this section need not comply with subsection
(2) of this section.
' (4)(a) An applicant for the creation of a parcel pursuant to
subsection (2)(b) of this section shall provide evidence that a
restriction on the remaining parcel, not containing the dwelling,
has been recorded with the county clerk of the county where the
property is located. An applicant for the creation of a parcel
pursuant to subsection (2)(d) of this section shall provide
evidence that a restriction on the newly created parcel has been
recorded with the county clerk of the county where the property
is located. The restriction shall allow no dwellings unless
authorized by law or goal on land zoned for forest use except as
permitted under subsection (2) of this section.
' (b) A restriction imposed under this subsection shall be
irrevocable unless a statement of release is signed by the county
planning director of the county where the property is located
indicating that the comprehensive plan or land use regulations
applicable to the property have been changed in such a manner
that the parcel is no longer subject to statewide planning goals
pertaining to agricultural land or forestland.
' (c) The county planning director shall maintain a record of
parcels that do not qualify for the siting of a new dwelling
under restrictions imposed by this subsection. The record shall
be readily available to the public.
' (5) A landowner allowed a land division under subsection (2)
of this section shall sign a statement that shall be recorded
with the county clerk of the county in which the property is
located, declaring that the landowner will not in the future
complain about accepted farming or forest practices on nearby
lands devoted to farm or forest use.
{ +
' SB 160 + }
' **************************** { + SECTION 36. + } ORS
527.620 is amended to read:
' 527.620. As used in ORS 527.610 to 527.770, 527.990 and
527.992:
' (1) 'Board' means the State Board of Forestry.
' { - (2) 'Clear-cut' means any harvest unit in western Oregon
that leaves fewer than 50 trees per acre that are
well-distributed over the unit and that measure at least 11
inches at DBH or that measure less than 40 square feet of basal
area per acre. 'Clear-cut' means any harvest unit in eastern
Oregon that leaves fewer than 15 trees per acre that are
well-distributed over the unit and that measure at least 10
inches at DBH. For purposes of this subsection, no tree shall be
counted unless the top one-third of the bole of the tree supports
a green, live crown. For purposes of computing basal area, trees
larger than 20 inches shall be considered 20-inch trees. - }
' { + (2) 'Harvest type 1' means an operation that requires
reforestation but does not require wildlife leave trees. A
harvest type 1 is an operation that leaves a combined stocking
level of free to grow seedlings, saplings, poles and larger trees
that is less than the stocking level established by rule of the
board which represents adequate utilization of the productivity
of the site.
' (3) 'Harvest type 2' means an operation that requires
wildlife leave trees but does not require reforestation. A
harvest type 2 does not require reforestation because it has an
adequate combined stocking of free to grow seedlings, saplings,
poles and larger trees, but which leaves:
' (a) On Cubic Foot Site Class I, II or III, fewer than 50
11-inch DBH trees or less than an equivalent basal area in larger
trees, per acre;
' (b) On Cubic Foot Site Class IV or V, fewer than 30 11-inch
DBH trees or less than an equivalent basal area in larger trees,
per acre; or
' (c) On Cubic Foot Site Class VI, fewer than 15 11-inch DBH
trees or less than an equivalent basal area in larger trees, per
acre.
' (4) 'Harvest type 3' means an operation that requires
reforestation and requires wildlife leave trees. This represents
a level of stocking below which the size of operations is limited
per ORS 527.740 and 527.750. + }
' { - (3) - } { + (5) + } 'Cumulative effects' means the
impact on the environment which results from the incremental
impact of the forest practice when added to other past, present
and reasonably foreseeable future forest practices regardless of
what governmental agency or person undertakes such other actions.
' { - (4) - } { + (6) + } 'DBH' means the diameter at breast
height which is measured as the width of a standing tree at four
and one-half feet above the ground, on the uphill side.
' { + (7) 'Edge of the roadway' means:
' (a) For interstate highways, the fence.
' (b) For all other state highways, the outermost edge of
pavement, or if unpaved, the edge of the shoulder. + }
' { - (5) - } { + (8) + } 'Forestland' means land which is
used for the growing and harvesting of forest tree species,
regardless of how the land is zoned or taxed or how any state or
local statutes, ordinances, rules or regulations are applied.
' { - (6) - } { + (9) + } 'Forest practice' means any
operation conducted on or pertaining to forestland, including but
not limited to:
' (a) Reforestation of forestland;
' (b) Road construction and maintenance;
' (c) Harvesting of forest tree species;
' (d) Application of chemicals; and
' (e) Disposal of slash.
' { - (7) - } { + (10) + } 'Forest tree species' does not
include:
' (a) Christmas trees on land used solely for the production of
cultured Christmas trees as defined in ORS 215.203 (3).
' (b) Hardwood timber, including but not limited to hybrid
cottonwood, which is:
' (A) Grown or growing on land which has been prepared by
intensive cultivation methods and which is cleared of competing
vegetation for at least three years after tree planting;
' (B) Of a species marketable as fiber for inclusion in the '
furnish' for manufacturing paper products;
' (C) Harvested on a rotation cycle within { - 10 - } { +
12 + } years after planting; and
' (D) Subject to intensive agricultural practices such as
fertilization, insect and disease control, cultivation and
irrigation.
' { - (8) - } { + (11) + } 'Landowner' means any individual,
combination of individuals, partnership, corporation or
association of whatever nature that holds an ownership interest
in forestland, including the state and any political subdivision
thereof.
' { - (9) - } { + (12) + } 'Operation' means any commercial
activity relating to the growing or harvesting of forest tree
species.
' { - (10) - } { + (13) + } 'Operator' means any person,
including a landowner or timber owner, who conducts an operation.
' { + (14) 'Single ownership' means ownership by an
individual, partnership, corporation, limited liability company,
trust, holding company or other business entity, including the
state or any political subdivision thereof. Single ownership
includes ownership held under different names or titles where the
same individual or individuals, or their heirs or assigns, are
shareholders (other than those of public corporations whose stock
is traded on the open market), partners, business trustees or
officers, or otherwise have an interest in or are associated with
each property. + }
' { - (11) - } { + (15) + } 'State Forester' means the State
Forester or the duly authorized representative of the State
Forester.
' { - (12) - } { + (16) + } 'Suitable hardwood seedlings'
means any hardwood seedling that will eventually yield logs or
fiber, or both, sufficient in size and quality for the production
of lumber, plywood, pulp or other forest products.
' { - (13) - } { + (17) + } 'Timber owner' means any
individual, combination of individuals, partnership, corporation
or association of whatever nature, other than a landowner, that
holds an ownership interest in any forest tree species on
forestland.
' { - (14) - } { + (18) + } 'Visually sensitive corridor'
means forestland
{ - located within the area - } extending { + outward + } 150
feet { + , + } measured on the slope { + , + } from the outermost
{ - right of way boundary - } { + edge of the roadway + } of a
scenic highway referred to in ORS 527.755 { + , along both sides
for the full length of the highway + }.
' { + (19) 'Wildlife leave trees' means trees or snags
required to be retained as described in section 36g (1) of this
1995 special session Act. + }
' { - (15) - } { + (20) + } 'Written plan' means a plan
submitted by an operator, for written approval by the State
Forester, which describes how the operation will be conducted,
including the means to protect resource sites described in ORS
527.710 (3)(a) and information required by ORS 527.745 and
527.750, if applicable.
' **************************** { + SECTION 36a. + } ORS
527.670 is amended to read:
' 527.670. (1) The { + State + } Board { + of Forestry + }
shall designate the types of operations for which notice shall be
required under this section.
' (2) The board shall determine by rule what types of
operations require a written plan to be approved by the State
Forester.
' (3)(a) The board's determination under subsection (2) of this
section shall require a written plan for operations:
' (A) Within one hundred feet of a { - Class 1 - } stream
{ + determined by the State Forester to be used by fish or for
domestic use + }, unless the board, by rule, provides that a
written plan is not required because { - there is no reasonable
likelihood that such operations would damage a resource described
in ORS 527.710 (2), within the riparian management area - }
{ + the proposed operation will be conducted according to a
general vegetation retention prescription described in
administrative rule + };
' (B) Within three hundred feet of a resource site inventoried
pursuant to ORS 527.710 (3)(a); { + or + }
' { - (C) On lands determined by the State Forester to be
within high risk sites, unless the board, by rule, provides that
a written plan is not required because there is no reasonable
likelihood that such operations would damage a resource described
in ORS 527.710 (2); or - }
' { - (D) - } { + (C) + } { - On lands to be clear-cut - }
{ + That will result in harvest type 3 + } in excess of 120
acres pursuant to ORS 527.750.
' (b) Plans submitted under paragraph (a)(C) { - and (D) - }
of this subsection are not subject to appeal under ORS 527.700
(3).
' { - (c) The board shall adopt rules and standards for which
a written plan may be required for final clear-cut harvest
operations of any stand of an average age less than 40 years. The
written plan for such an operation must address the environmental
consequences of the harvest and the economic costs and
benefits. - }
' (4) The distances set forth in subsection (3)(a)(A) and (B)
of this section are solely for the purpose of defining an area
within which a hearing may be requested under ORS 527.700 and not
the area to be protected by the board's rules adopted pursuant to
ORS 527.710 (3)(c).
' (5) For the purpose of determining the distances set forth in
subsection (3)(a)(A) and (B) of this section 'site' means the
specific resource site and not any additional buffer area.
' (6) An operator, timber owner or landowner, before commencing
an operation, shall notify the State Forester. The notification
shall be on forms provided by the State Forester and shall
include the name and address of the operator, timber owner and
landowner, the legal description of the operating area, and any
other information considered by the State Forester to be
necessary for the administration of the rules promulgated by the
board pursuant to ORS 527.710. Promptly upon receipt of such
notice, the State Forester shall send a copy of the notice to
whichever of the operator, timber owner or landowner did not
submit the notification. The State Forester shall send a copy of
notices involving chemical applications to persons within 10
miles of the chemical application who hold downstream surface
water rights pursuant to ORS chapter 537, if such a person has
requested that notification in writing. The board shall adopt
rules specifying the information to be contained in the notice.
All information filed with the State Forester pertaining to
chemical applications shall be public record. { - The State
Forester shall also send to the operator, the timber owner and
the landowner a copy of the rules applicable to the proposed
operation. - }
' (7) An operator, timber owner or landowner, whichever filed
the original notification, shall notify the State Forester of any
subsequent change in the information contained in the
notification.
' (8) Within three working days of receipt of a notice or a
written plan filed under subsection (6) or (7) of this section,
the State Forester shall send a copy of the notice or written
plan to any person who requested of the State Forester in writing
that the person be sent copies of notice and written plan and who
has paid any applicable fee established by the State Forester for
such service. The State Forester may establish a fee for sending
copies of notices and written plans under this subsection not to
exceed the actual and reasonable costs. In addition, the State
Forester shall send a copy of the notification to the Department
of Revenue and the county assessor for the county in which the
operation is located, at times and in a manner determined through
written cooperative agreement by the parties involved.
' (9) Persons may submit written comments pertaining to the
operation to the State Forester within 14 calendar days of the
date the notice or written plan was filed with the State Forester
under subsection (2), (6) or (7) of this section. Notwithstanding
the provisions of this subsection, the State Forester may waive
any waiting period for operations not requiring a written plan
under subsection (3) of this section, except those operations
involving aerial application of chemicals.
' (10) Whenever an operator, timber owner or landowner is
required to submit a written plan of operations to the State
Forester under subsection (3)(a)(A) or (B) of this section, the
State Forester shall not approve any such written plan until 14
calendar days following the date the written plan was filed with
the State Forester. An operation may commence upon approval of
the written plan.
' (11)(a) The State Forester shall issue a decision on a
written plan within five working days after the end of the 14-day
period described in subsection (10) of this section.
' (b) If the State Forester fails to issue a decision within
five working days after the end of the 14-day period described in
subsection (10) of this section, the written plan shall be deemed
approved and the operation may be commenced.
' (12) When the operation is required to have a written plan
under subsection (3)(a)(A) or (B) of this section and comments
have been timely filed under subsection (9) of this section
pertaining to the operation requiring a written plan, the State
Forester shall:
' (a) Send a copy of the approved written plan to persons who
submitted timely written comments under subsection (9) of this
section pertaining to the operation; and
' (b) Send to the operator, timber owner and landowner a copy
of the approved written plan and copies of all timely comments
submitted under subsection (9) of this section.
' **************************** { + SECTION 36b. + } ORS
527.740 is amended to read:
' 527.740. (1) No { - clear-cut - } { + harvest type 3 + }
unit within a single ownership shall exceed 120 acres in size,
except as provided in ORS 527.750.
' (2) No { - clear-cut - } { + harvest type 3 + } unit
shall be allowed within 300 feet of the perimeter of a prior
{ - clear-cut - } { + harvest type 3 + } unit { + within a
single ownership + } if the combined acreage of the
{ - clear-cut - } { + harvest type 3 + } areas subject to
regulation under the Oregon Forest Practices Act would exceed 120
acres in size, unless the prior { - clear-cut - } { + harvest
type 3 + } unit has been reforested as required by all applicable
regulations and:
' (a) At least { - 200 healthy conifer or suitable hardwood
seedlings are - } { + the minimum tree stocking required by
rule is + } established per acre; and either
' (b) The resultant { - reproduction - } { + stand of
trees + } has attained an average height of at least four feet;
or
' (c) At least 48 months have elapsed since the { - seedlings
were planted and the reproduction - } { + stand was created and
it + } is ' free to grow' as defined by the { + State + } Board
{ + of Forestry + }.
' (3) Any acreage attributable to riparian areas or to resource
sites listed in ORS 527.710 (3) that is located within a harvest
unit shall not be counted in calculating the size of a
{ - clear-cut - } { + harvest type 3 + } unit.
' (4) The provisions of this section shall not apply when the
land is being converted to { + managed + } conifers or managed
hardwoods from brush or { - understocked hardwoods, - }
{ + hardwood stands that contain less than 80 square feet of
basal area per acre of trees 11 inches DBH or greater + } or when
the { - clear-cut - } harvest { + type 3 + } results from
disasters such as fire, insect infestation, disease, windstorm or
other occurrence that the State Forester determines was beyond
the landowner's control and has substantially impaired
productivity or safety on the unit or jeopardizes nearby
forestland. The prior approval of the State Forester shall be
required for such conversion or { - clear-cut - } { + harvest
type 3 + } operations that exceed 120 acres in size.
' (5) The provisions of this section do not apply to any
operation where the operator demonstrates to the State Forester
that:
' (a) The trees are subject to a cutting right created by
written contract prior to October 1, 1990, which provides that
the trees must be paid for regardless of whether the trees are
cut, or subject to a cutting right created by reservation in a
deed prior to October 1, 1990; and
' (b) If the provisions of this section were applied, the
cutting right would expire before all the trees subject to the
cutting right could reasonably be harvested.
' **************************** { + SECTION 36c. + } ORS
527.745 is amended to read:
' 527.745. (1) The { + State + } Board { + of Forestry + }
shall adopt standards for the reforestation of { - clear-cut
harvests - } { + harvest type 1 and harvest type 3 + }. Unless
the board makes the findings for alternate standards under
subsection (2) of this section, { - and except to the extent
that more stringent reforestation requirements apply under ORS
527.740 (2), - } the standards for the reforestation of
{ - clear-cuts - } { + harvest type 1 and harvest type 3 + }
shall include the following:
' (a) Reforestation, including site preparation, { - of
clear-cut units - } shall commence within 12 months after the
completion of harvest and shall be completed by the end of the
second planting season after the completion of harvest. By the
end of the fifth growing season after planting or seeding, at
least 200 healthy conifer or suitable hardwood seedlings { + or
lesser number as permitted by the board by rule, + } shall be
established per acre, well-distributed over the area, which are
'free to grow' as defined by the board.
' (b) Landowners may submit plans for alternate practices that
do not conform to the standards established under paragraph (a)
of this subsection or the alternate standards adopted under
subsection (2) of this section, including but not limited to
variances in the time in which reforestation is to be commenced
or completed or plans to reforest sites by natural reforestation.
Such alternate plans may be approved if the State Forester
determines that the plan will achieve equivalent or better
regeneration results for the particular conditions of the site,
or the plan carries out an authorized research project conducted
by a public agency or educational institution.
' (2) The board, by rule, may establish alternate standards for
the reforestation of { - clear-cuts - } { + harvest type 1
and harvest type 3 + }, in lieu of the standards established in
subsection (1) of this section, { + but in no case can the board
require the establishment of more than 200 healthy conifer or
suitable hardwood seedlings per acre. Such alternate standards
may be adopted + } upon finding that the alternate standards will
better assure the continuous growing and harvesting of forest
tree species and the maintenance of forestland for such purposes,
consistent with sound management of soil, air, water, fish and
wildlife resources based on one or more of the following
findings:
' (a) Alternate standards are warranted based on scientific
data concerning biologically effective regeneration;
' (b) Different standards are warranted for particular
geographic areas of the state due to variations in climate,
elevation, geology or other physical factors; or
' (c) Different standards are warranted for different tree
species, including hardwoods, and for different growing site
conditions.
' (3) Pursuant to ORS 527.710, the board may adopt definitions,
procedures and further regulations to implement the standards
established under subsection (1) of this section, without making
the findings required in subsection (2) of this section, if those
procedures or regulations are consistent with the standards
established in subsection (1) of this section.
' (4) The board shall encourage planting of disease and insect
resistant species in sites infested with root pathogens or where
planting of susceptible species would significantly facilitate
the spread of a disease or insect pest and there are immune or
more tolerant commercial species available which are adapted to
the site.
' { - (5) The requirements of this section apply only to
clear-cuts as defined in ORS 527.620 (2). Nothing in this section
is intended to affect the administration and enforcement of
regulations pertaining to the maintenance of minimum stocking
levels or the reforestation of sites required as a result of
operations other than such clear-cuts. - }
' { - (6) - } { + (5) + } Notwithstanding subsections (1),
(2) and (3) of this section, in order to remove potential
disincentives to the conversion of underproducing stands, as
defined by the board, or the salvage of stands that have been
severely damaged by wildfire, insects, disease or other factors
beyond the landowner's control, the State Forester may suspend
the reforestation requirements for
{ - final clear-cut harvests - } { + specific harvest type 1
or harvest type 3 units + } in order to take advantage of the
Forest Resource Trust provisions, or other cost-share programs
administered by the State Forester or where the State Forester is
the primary technical adviser. Such suspension may occur only on
an individual case basis, in writing, based on a determination by
the State Forester that the cost of harvest preparation, harvest,
severance and applicable income taxes, logging, site preparation,
reforestation and any other measures necessary to establish a
{ - free-to-grow - } { + free to grow + } forest stand will
likely exceed the gross revenues of the harvest. The board shall
adopt rules implementing this subsection establishing the
criteria for and duration of the suspension of the reforestation
requirements.
' **************************** { + SECTION 36d. + } ORS
527.750 is amended to read:
' 527.750. (1) Notwithstanding the requirements of ORS 527.740,
a { - clear-cut - } { + harvest type 3 + } unit within a
single ownership that exceeds 120 acres but does not exceed 240
acres may be approved by the State Forester if all the
requirements of this section and any additional requirements
established by the { + State + } Board { + of Forestry + } are
met. Proposed { - clear-cut - } { + harvest type 3 + } units
that are within 300 feet of the perimeter of a prior
{ - clear-cut - } { + harvest type 3 + } unit, and that would
result in a total combined { - clear-cut - } { + harvest type
3 + } area under a single ownership exceeding 120 acres but not
exceeding 240 acres, may be approved by the State Forester if the
additional requirements are met for the combined
{ - clear-cut - } area. No { - clear-cut - } { + harvest
type 3 + } unit within a single ownership shall exceed 240
contiguous acres. No
{ - clear-cut - } { + harvest type 3 + } unit shall be
allowed within 300 feet of the perimeter of a prior
{ - clear-cut - } { + harvest type 3 + } unit { + within a
single ownership + } if the combined acreage of the
{ - clear-cut - } areas subject to regulation under the Oregon
Forest Practices Act would exceed 240 acres, unless the prior
{ - clear-cut - } { + harvest type 3 + } unit has been
reforested by all applicable regulations and:
' (a) At least { - 200 healthy conifer or suitable hardwood
seedlings are - } { + the minimum tree stocking required by
rule is + } established per acre; and either
' (b) The resultant { - reproduction - } { + stand of
trees + } has attained an average height of at least four feet;
or
' (c) At least 48 months have elapsed since the { - seedlings
were planted and the reproduction - } { + stand was created and
it + } is ' free to grow' as defined by the board.
' (2) The requirements of this section are in addition to all
other requirements of the Oregon Forest Practices Act and the
rules adopted thereunder. The requirements of this section shall
be applied in lieu of such other requirements only to the extent
the requirements of this section are more stringent. Nothing in
this section shall apply to operations conducted under ORS
527.740 (4) or (5).
' (3) The board shall require that a written plan be submitted
prior to approval of a { - clear-cut - } { + harvest type
3 + } operation under this section. The board may establish by
rule any additional standards applying to operations under this
section.
' (4) The State Forester shall approve the { - clear-cut - }
{ + harvest type 3 + } operation if the proposed
{ - clear-cut - } { + operation + } would provide better
overall results in meeting the requirements and objectives of the
Oregon Forest Practices Act.
' (5) The board shall specify by rule the information to be
submitted for approval of { - clear-cut - } { + harvest type
3 + } operations under this section, including evidence of past
satisfactory compliance with the Oregon Forest Practices Act.
' **************************** { + SECTION 36e. + } ORS
527.755 is amended to read:
' 527.755. (1) The following highways are hereby designated as
scenic highways for purposes of the Oregon Forest Practices Act:
' (a) Interstate Highways 5, 84, 205, 405; and
' (b) State Highways 6, 7, 20, 18/22, 26, 27, 30, 31, 34, 35,
36, 38, 42, 58, 62, 66, 82, 97, 101, 126, 138, 140, 199, 230, 234
and 395.
' { + (2) The purpose of designating scenic highways is to
provide a limited mechanism that maintains roadside trees for the
enjoyment of the motoring public while traveling through
forestland, consistent with ORS 527.630, safety and other
practical considerations. + }
' { - (2) - } { + (3) The State Board of Forestry, + } in
consultation with the Department of Transportation, { - the
board - } shall establish procedures and regulations as
necessary to implement the requirements of { - subsection
(3) - } { + subsections (4), (5) and (6) + } of this section,
consistent with { - the safety of the motoring public - }
{ + subsection (2) of this section + }, including provisions for
alternate plans { - providing equivalent or better results
within visually sensitive corridors extending 150 feet from the
outermost right of way boundary along both sides and for the full
length of the scenic highways designated in subsection (1) of
this section - } . { + Alternate plans that modify or waive
the requirements of subsection (4), (5) or (6) of this section
may be approved when, in the judgment of the State Forester,
circumstances exist such as:
' (a) Modification or waiver is necessary to maintain motorist
safety, protect improvements such as dwellings and bridges, or
protect forest health;
' (b) Modification or waiver will provide additional scenic
benefits to the motoring public, such as exposure of distant
scenic vistas;
' (c) Trees that are otherwise required to be retained will not
be visible to motorists;
' (d) The operation involves a change of land use that is
inconsistent with maintaining a visually sensitive corridor; or
' (e) The retention of timber in a visually sensitive corridor
will result in severe economic hardship for the owner because all
or nearly all of the owner's property is within the visually
sensitive corridor. + }
' { - (3) - } { + (4) + }(a) For harvest operations within a
visually sensitive corridor, at least 50 healthy trees of at
least 11 inches { - at - } DBH, or that measure at least 40
square feet in basal area, shall be temporarily left on each
acre. { - Harvest areas shall be cleared of major harvest
debris within 30 days of the completion of the harvest or within
60 days of the cessation of active harvesting activity on the
site, regardless of whether the harvest operation is
complete. - }
' (b) Overstory trees initially required to be left under
paragraph (a) of this subsection may be removed when the
reproduction understory reaches an average height of at least 10
feet and has at least { - 250 - } { + the minimum number
of + } stems per acre { + of free to grow seedlings or saplings
required by the board for reforestation, by rule + }.
' (c) { + Alternatively, + } when the adjacent stand,
extending from 150 feet from the { - corridor - }
{ + outermost edge of the roadway + } to 300 feet from the
{ - corridor - } { + outermost edge of the roadway + }, has
attained an average height of at least 10 feet and has at least
{ - 200 - } { + the minimum number of + } stems per acre
{ + of free to grow seedlings or saplings required by the board
for reforestation, by rule, + } or at least 40 square feet of
basal area { + per acre + }, no trees are required to be left in
the visually sensitive corridor, or trees initially required to
be left under paragraph (a) of this subsection may be removed.
{ - Harvest areas within the visually sensitive corridor shall
be cleared of major harvest debris within 30 days of the
completion of the harvest or within 60 days of the cessation of
active harvesting activity on the site, regardless of whether the
harvest operation is complete. Reforestation shall be completed
by the end of the first planting season after the completion of
harvest. A minimum of 400 trees per acre shall be planted. By the
end of the fifth growing season after the completion of planting,
at least 250 healthy conifer seedlings shall be established per
acre, well-distributed over the area, which are 'free to grow' as
defined by the board. - } When harvests within the visually
sensitive corridor are carried out under this paragraph the
adjacent stand, extending from 150 feet from the
{ - corridor - } { + outermost edge of the roadway + } to 300
feet from the
{ - corridor - } { + outermost edge of the roadway + }, shall
not be { - clear-cut - } { + reduced below the minimum number
of stems per acre of free to grow seedlings or saplings at least
10 feet tall required by the board for reforestation, by rule, or
below 40 square feet of basal area per acre + } until the
adjacent visually sensitive corridor has been reforested as
required under { - this paragraph - } { + subsection (6) of
this section + } and the stand has attained an average height of
at least 10 feet and has at least { - 250 - } { + the minimum
number of + } stems per acre.
' { + (5) Harvest areas within a visually sensitive corridor
shall be cleared of major harvest debris within 30 days of the
completion of the harvest, or within 60 days of the cessation of
active harvesting activity on the site, regardless of whether the
harvest operation is complete.
' (6) Notwithstanding the time limits established in ORS
527.745 (1)(a), when harvesting within a visually sensitive
corridor results in a harvest type 1 or harvest type 3,
reforestation shall be completed by the end of the first planting
season after the completion of the harvest. All other provisions
of ORS 527.745 shall also apply to harvest type 1 or harvest type
3 within visually sensitive corridors. + }
' { - (4) - } { + (7) + } Landowners and operators shall not
be liable for injury or damage caused by trees left within the
visually sensitive corridor for purposes of fulfilling the
requirements of this section, when carried out in compliance with
the provisions of the Oregon Forest Practices Act.
' { + (8) Harvest on single ownerships less than five acres
in size are exempt from this section. + }
' **************************** { + SECTION 36f. + }
{ + Section 36g of this Act is added to and made a part of ORS
527.610 to 527.770. + }
' **************************** { + SECTION 36g. + } { + (1)
In a harvest type 2 or harvest type 3 unit exceeding 25 acres, in
order to contribute to the overall maintenance of wildlife,
nutrient cycling, moisture retention and any other resource
benefits of retained wood, the operator shall leave, on average
per acre harvested, at least:
' (a) Two snags or two green trees at least 30 feet in height
and 11 inches DBH or larger, at least 50 percent of which are
conifers; and
' (b) Two downed logs or downed trees, at least 50 percent of
which are conifers, that each comprise at least 10 cubic feet
gross volume and are no less than six feet long. One downed
conifer or suitable hardwood log of at least 20 cubic feet gross
volume and no less than six feet long may count as two logs.
' (2) In meeting the requirements of subsection (1) of this
section, the required snags, trees and logs may be left in one or
more clusters rather than distributed throughout the unit. The
location and distribution of the material shall be in the sole
discretion of the landowner or operator, consistent with safety
and fire hazard regulations. The requirements of subsection (1)
of this section are in addition to all other requirements
pertaining to forest operations and may be met by counting snags,
trees or logs otherwise required to be left in riparian
management areas or resource sites listed in ORS 527.710 (3) only
as specifically harvest type 2 or harvest type 3 operation if the
plan provides for an equal or greater number of trees or snags to
be left in another harvest type 2 or harvest type 3 operation
which, in the opinion of the State Forester, would, in the
aggregate, achieve better overall benefits for wildlife; and
' (c) For harvest type 2 or harvest type 3 operations adjacent
to fish-bearing or domestic use streams, the State Forester may
require up to 25 percent of the green trees required to be left
pursuant to this section to be left in or adjacent to the
riparian management area of the fish-bearing or domestic use
stream if such requirement would provide increased benefits to
wildlife. Such trees shall be in addition to trees otherwise
required by rule to be left in riparian management areas. The
operator shall have sole discretion to determine which trees to
leave, either in or adjacent to a riparian management area,
pursuant to this paragraph.
' (4) When a harvest type 2 or harvest type 3 unit occurs
adjacent to a prior harvest type 2 or harvest type 3 unit,
resulting in a combined total contiguous acreage of harvest type
2 or harvest type 3 on a single ownership exceeding 25 acres, the
snag or tree and downed log retention requirements of subsection
(1) of this section shall apply. + }
' **************************** { + SECTION 36h. + } ORS
527.990 is amended to read:
' 527.990. (1) Violation of ORS 527.670 { + , 527.740, 527.750
or 527.755 or section 36g of this 1995 special session Act, + }
or any rule promulgated under ORS 527.710 is punishable, upon
conviction, as a misdemeanor. Each day of operation in violation
of an order issued under ORS 527.680 (3) shall be deemed to be a
separate offense.
' (2) Violation of ORS 527.260 (1) is a misdemeanor. Violation
of ORS 527.260 is punishable, upon conviction, by a fine of not
more than $250 or by imprisonment in the county jail for not more
than 60 days, or both.
' **************************** { + SECTION 36i. + } ORS
527.992 is amended to read:
' 527.992. (1) In addition to any other penalty provided by
law, any person who fails to comply with any of the following may
incur a civil penalty in the amount adopted under ORS 527.685:
' (a) The requirements of ORS 527.670 { + , 527.740, 527.750 or
527.755 or section 36g of this 1995 special session Act + }.
' (b) The terms or conditions of any order of the State
Forester issued in accordance with ORS 527.680.
' (c) Any rule or standard of the { + State + } Board { + of
Forestry + } adopted or issued pursuant to ORS 527.710.
' (d) Any term or condition of a written waiver, or prior
approval granted by, or of a written plan of operation accepted
by the State Forester pursuant to the rules adopted under ORS
527.710.
' (2) Imposition or payment of a civil penalty under this
section shall not be a bar to actions alleging trespass under ORS
105.810, nor to actions under ORS 161.635 or 161.655 seeking to
recover an amount based on the gain resulting from individual or
corporate criminal violations.
' **************************** { + SECTION 36j. + } { + ORS
527.683, 527.685 and 527.687 are added to and made a part of ORS
527.610 to 527.770. + }
' **************************** { + SECTION 36k. + } ORS
527.687 is amended to read:
' 527.687. (1) Subject to the notice provisions of ORS 527.683,
any civil penalty under ORS 527.992 shall be imposed in the
manner provided in ORS 183.090.
' (2) In no case shall a hearing requested under ORS 183.090 be
held less than 45 days from the date of service of the notice of
penalty to allow the party to prepare testimony. The hearing
shall be held not more than { - 90 - } { + 180 + } days
following issuance of the notice unless all parties agree on an
extension.
' (3) The { + State + } Board { + of Forestry + }, by rule,
may delegate to a hearings officer appointed by the State
Forester, upon such conditions as deemed necessary, all or part
of the authority to conduct hearings required by subsection (2)
of this section.
' (4) All civil penalties recovered under ORS 527.610 to
527.770, 527.990 and 527.992 shall be paid to the General Fund.
' **************************** { + SECTION 36L. + } ORS
527.630 is amended to read:
' 527.630. (1) Forests make a vital contribution to Oregon by
providing jobs, products, tax base and other social and economic
benefits, by helping to maintain forest tree species, soil, air
and water resources and by providing a habitat for wildlife and
aquatic life. Therefore, it is declared to be the public policy
of the State of Oregon to encourage economically efficient forest
practices that assure the continuous growing and harvesting of
forest tree species and the maintenance of forestland for such
purposes as the leading use on privately owned land, consistent
with sound management of soil, air, water, fish and wildlife
resources and scenic resources within visually sensitive
corridors as provided in ORS 527.755 that assures the continuous
benefits of those resources for future generations of Oregonians.
' (2) It is recognized that operations on forestland are
already subject to other laws and to regulations of other
agencies which deal primarily with consequences of such
operations rather than the manner in which operations are
conducted. It is further recognized that it is essential to avoid
uncertainty and confusion in enforcement and implementation of
such laws and regulations and in planning and carrying out
operations on forestlands.
' (3) To encourage forest practices implementing the policy of
ORS 527.610 to 527.770 and 527.990 and 527.992, it is declared to
be in the public interest to vest in the { + State + } Board
{ + of Forestry + } exclusive authority to develop and enforce
statewide and regional rules pursuant to ORS 527.710 and to
coordinate with other state agencies and local governments which
are concerned with the forest environment.
' (4) The board may adopt and enforce rules addressing scenic
considerations only in accordance with ORS 527.755.
' { + (5) The State of Oregon should provide a stable
regulatory environment to encourage investment in private
forestlands. + }
' **************************** { + SECTION 36m. + }
{ + Sections 36n to 36p of this Act are added to and made a part
of ORS 527.610 to 527.770. + }
' **************************** { + SECTION 36n. + } { + (1)
The rulemaking authority of the State Board of Forestry under ORS
527.610 to 527.770 consists generally of the following three
types of rules:
' (a) Rules adopted to implement administration, procedures or
enforcement of ORS 527.610 to 527.770 that support but do not
directly regulate standards of forest practices.
' (b) Rules adopted to provide definitions or procedures for
forest practices where the standards are set in statute.
' (c) Rules adopted to implement the provisions of ORS 527.710
(2), (3), (6), (8), (9) and (10) that grant broad discretion to
the board and that set standards for forest practices not
specifically addressed in statute.
' (2) When considering the adoption of a rule, and prior to the
notice required pursuant to ORS 183.335, the board shall
determine which type of rule described in subsection (1) of this
section is being considered.
' (3) If the board determines that a proposed rule is of the
type described in subsection (1)(a) or (b) of this section, or if
the proposed rule is designed only to clarify the meaning of
rules already adopted or to make minor adjustments to rules
already adopted that are of the type described in subsection
(1)(c) of this section, rulemaking may proceed in accordance with
ORS 183.325 to 183.410 and is not subject to the provisions of
this section. + }
{ + (4) If the board determines that a proposed rule is of
the type described in subsection (1)(c) of this section, and the
proposed rule would change the standards for forest practices,
the board shall describe in its rule the purpose of the rule and
the level of protection that is desired.
' (5) If the board determines that a proposed rule is of the
type described in subsection (1)(c) of this section, including a
proposed amendment to an existing rule not qualifying under
subsection (3) of this section, and the proposed rule would
provide new or increased standards for forest practices, the
board may adopt such a rule only after determining that the
following facts exist and standards are met:
' (a) If forest practices continue to be conducted under
existing regulations, there is monitoring or research evidence
that has been subject to peer review that documents that
substantial degradation of resources maintained under ORS 527.710
(2) or (3) is likely;
' (b) If the resource to be protected is a wildlife species,
the scientific or biological status of a species or resource site
to be protected by the proposed rule has been documented;
' (c) The proposed rule reflects available scientific
information, the results of relevant monitoring and, as
appropriate, adequate field evaluation at representative
locations in Oregon;
' (d) The objectives of the proposed rule are clearly defined,
and the restrictions placed on forest practices as a result of
adoption of the proposed rule:
' (A) Are to prevent direct harm or provide direct benefits to
the resource or resource site for which protection is sought; and
' (B) Are directly related to the objective of the proposed
rule and substantially advance its purpose;
' (e) The availability, effectiveness and feasibility of
alternatives to the proposed rule, including nonregulatory
alternatives, were considered, and the alternative chosen is the
least burdensome to landowners and timber owners, in the
aggregate, while still achieving the desired level of protection;
and
' (f) The benefits to the resource that would be achieved by
adopting the rule are in proportion to the degree that existing
practices of the landowners and timber owners, in the aggregate,
are contributing to the overall resource concern that the
proposed rule is intended to address.
' (6) Nothing in subsection (5) of this section:
' (a) Requires the board to call witnesses;
' (b) Requires the board to allow cross-examination of
witnesses;
' (c) Restricts ex parte communications with the board or
requires the board to place statements of such communications on
the record;
' (d) Requires verbatim transcripts of records of proceedings;
or
' (e) Requires depositions, discovery or subpoenas.
' (7) If the board determines that a proposed rule is of the
type described in subsection (1)(c) of this section, and the
proposed rule would require new or increased standards for forest
practices, as part of or in addition to the economic and fiscal
impact statement required by ORS 183.335 (2)(b)(E), the board
shall, prior to the close of the public comment period, prepare
and make available to the public a comprehensive analysis of the
economic impact of the proposed rule. The analysis shall include,
but is not limited to:
' (a) An estimate of the potential change in timber harvest as
a result of the rule;
' (b) An estimate of the overall statewide economic impact,
including a change in output, employment and income;
' (c) An estimate of the total economic impact on the forest
products industry and common school and county forest trust land
revenues, both regionally and statewide; and
' (d) Information derived from consultation with potentially
affected landowners and timber owners and an assessment of the
economic impact of the proposed rule under a wide variety of
circumstances, including varying ownership sizes and the
geographic location and terrain of a diverse subset of
potentially affected forestland parcels.
' (8) The provisions of this section do not apply to temporary
rules adopted by the board. + }
' **************************** { + SECTION 36o. + } { + (1)
The provisions of this section apply to rules that are of the
type described in section 36n (1)(c) of this 1995 special session
Act that:
' (a) Are adopted or proposed for adoption after the effective
date of this 1995 special session Act; and
' (b) Restrict the harvest of forest tree species, including,
but not limited to, restrictions on:
' (A) The timing or scheduling of harvest;
' (B) The silvicultural prescription; or
' (C) Which trees can be harvested.
' (2)(a) A landowner or timber owner who can prove that
application of a rule or rules of the type described in
subsection (1) of this section to a parcel proposed for a timber
harvest operation will result in more than a 10 percent reduction
in the volume or value of merchantable forest tree species
available for harvest may apply to the State Forestry Department
for approval of an alternate plan that will provide the greatest
level of protection possible for the resources protected under
ORS 527.710 (2) and (3), while reducing the impact on the volume
or value of forest tree species below the 10 percent threshold.
' (b) To qualify for approval of an alternate plan in
connection with the application of a rule or rules described in
subsection (1) of this section, a landowner or timber owner shall
first make written application to the State Forester describing
how the proposed operation is eligible for an alternate plan as
described in paragraph (a) of this subsection.
' (c) If the State Forester denies an application of the type
described in paragraph (a) of this subsection, the landowner or
timber owner seeking approval of an alternate plan may request a
hearing pursuant to ORS 527.700. However, notwithstanding the
time limits for conducting a hearing and issuing a final order
under ORS 527.700 (1), a hearing conducted pursuant to this
paragraph shall be commenced within 45 days after receipt of
request for the hearing and a final order shall be issued within
90 days of the request for the hearing unless all parties agree
to an extension of the time limit.
' (d) In a proceeding under paragraph (c) of this subsection
before the State Forester or the State Board of Forestry, the
landowner or timber owner shall have the burden of proving a
reduction of more than 10 percent in the volume or value of
merchantable forest tree species available for harvest on the
parcel of affected forestland.
' (e) If the State Forester approves an application of the type
described in paragraph (a) of this subsection, the department and
the applicant shall develop and agree upon an alternate plan
involving a combination of regulatory and voluntary compliance
and, to the extent available, nonregulatory incentives that will
provide the greatest level of protection possible for the
resources protected under ORS 527.710 (2) and (3), while reducing
the impact on the volume or value of forest tree species below
the 10 percent threshold.
' (f) If the department and the applicant fail to reach
agreement on an alternate plan pursuant to paragraph (e) of this
subsection, the department shall propose an alternate plan that
achieves the objectives of paragraph (e) of this subsection. If
the applicant disagrees with the alternate plan proposed by the
department, the applicant may request a hearing + } { +
pursuant to ORS 527.700. However, notwithstanding the time limits
for conducting a hearing and issuing a final order under ORS
527.700 (1), a hearing conducted pursuant to this paragraph shall
be commenced within 45 days after receipt of request for the
hearing and a final order shall be issued within 90 days of the
request for the hearing unless all parties agree to an extension
of the time limit.
' (3) A landowner or timber owner shall not qualify for an
alternate plan under subsection (2)(a) of this section if the
State Forester determines that the configuration of an
operational unit was designed for the primary purpose of
otherwise qualifying for such an alternate plan. + }
' **************************** { + SECTION 36p. + } { + (1)
Notwithstanding ORS 183.400, only a landowner or timber owner
subject to regulation by a rule adopted after the effective date
of this 1995 special session Act of the type described in section
36n (1)(c) of this 1995 special session Act, who participated in
the rulemaking process before the State Board of Forestry, may,
within 180 days of adoption of the rule, seek review under ORS
183.400 of either of the following determinations of the board:
' (a) The determinations made under section 36n (5) of this
1995 special session Act.
' (b) That the provisions of section 36n (4) to (6) of this
1995 special session Act do not apply to the rule because the
rule is of a type described in section 36n (3) of this 1995
special session Act.
' (2) In addition to the limitations on review under ORS
183.400 (4), in reviewing determinations made under section 36n
of this 1995 special session Act as brought under subsection (1)
of this section, the court shall not declare a rule invalid or
remand a rule to the board unless it finds that the rulemaking
record, viewed as a whole, would not permit a reasonable person
to make the same determination made by the board pursuant to
section 36n (3) or (5) of this 1995 special session Act. The
court shall not substitute its judgment for that of the board as
to any determinations made under section 36n of this 1995 special
session Act.
' (3) The rulemaking record for a rule of the type described in
section 36n (1)(c) of this 1995 special session Act is:
' (a) The rule adopted by the board;
' (b) The determinations made by the board pursuant to section
35n (3) or (5) of this 1995 special session Act;
' (c) The written minutes of any advisory committee appointed
under ORS 183.025 (2);
' (d) The principal documents relied upon by the board in
preparing the rule;
' (e) The statement of fiscal impact prepared under ORS 183.335
(2)(b)(E);
' (f) Any written comments or materials submitted by the
public;
' (g) A recording or summary of oral submissions received at
any hearings;
' (h) Written materials or reports submitted by the State
Forestry Department; and
' (i) A recording or summary of oral discussions of the board
when the determinations required by section 36n of this 1995
special session Act were made and the rule was adopted.
' (4) In any judicial proceeding conducted pursuant to this
section, attorney fees and costs shall be awarded to the
prevailing party. + }
' **************************** { + SECTION 36q. + } ORS
527.736 is amended to read:
' 527.736. (1) The standards established in ORS 527.740 to
527.750 shall be administered by the State Forester as standards
applying to all operations in the state, including those on
forestland owned by the state or any political subdivision
thereof. Pursuant to ORS 527.710 the { + State + } Board { + of
Forestry + } shall adopt, repeal or amend forest practice rules
as necessary to be consistent with and to implement the standards
established in ORS 527.740 to 527.750. { + Except as provided in
sections 36n to 36p of this 1995 special session Act, + } nothing
in ORS 468B.100 to 468B.110, 477.562, 527.620, { - 527.630, - }
527.670, 527.690, 527.710, 527.715, 527.722, 527.724 and 527.736
to 527.770 shall affect the powers and duties of the board to
adopt, or the State Forester to administer, all other regulations
pertaining to forest practices under applicable state law.
' (2) Nothing in ORS 527.740 to 527.750 is intended to apply to
cutting of trees that is for growth enhancement treatments, as
defined by the State Forester, such as thinning or precommercial
thinning.
' **************************** { + SECTION 36r. + } { + (1)
Not later than November 1, 1998, the Governor shall prepare and
submit to the President of the Senate and the Speaker of the
House of Representatives a preliminary report as provided in
subsection (2) of this section. The final report shall be
delivered to the President of the Senate and the Speaker of the
House of Representatives not later than November 1, 2002.
' (2) The report shall be prepared by an independent and
unbiased review body. It shall include, but not be limited to:
' (a) The number and type of rules considered or adopted by the
State Board of Forestry subject to sections 36n to 36p of this
Act. The report shall also include an enumeration and discussion
of any proposed rules considered but found by the board to be
beyond the authority of the board pursuant to section 36o of this
Act.
' (b) The number, character and disposition of petitions for
judicial review of rules under section 36p of this Act.
' (c) An analysis of applications for an alternate plan
pursuant to section 36o of this Act, including:
' (A) The number and disposition of applications;
' (B) An evaluation of experience gained in that process,
including the degree to which hardships of small owners were
alleviated;
' (C) The number of alternate plans afforded large ownerships;
and
' (D) Any degree to which environmental protection was
maintained or placed in jeopardy.
' (d) An evaluation of the ability of the State Board of
Forestry to carry out the policy of ORS 527.610 to 527.770 and
its rulemaking authority as provided in ORS 527.630 and 527.710.
' (e) Suggestions for clarification or improvement of sections
36n to 36p of this Act, including an evaluation and proposed
modification, if appropriate, of the volume or value reduction
percentages provided for in section 36o of this special session
Act and an evaluation of various types of rules restricting the
harvest of forest tree species together with a methodology for
the calculation of impact on fair market value resulting from
such rules. + }
' **************************** { + SECTION 36s. + } { + (1)
The State Board of Forestry shall appoint a task force to
identify nonregulatory means of achieving and maintaining a high
level of stewardship in forestry operations as alternatives to be
preferred over an increased regulatory burden.
' (2) The task force shall:
' (a) Review the current forest practices regulatory program;
' (b) Examine existing forest stewardship incentive programs in
Oregon and other jurisdictions and evaluate these as well as new
and proposed incentives for their viability, recognizing
different land ownership sizes and conditions;
' (c) Study existing and potential tax credits, as well as
other taxing options, evaluating their efficacy in encouraging
long-term stewardship; and
' (d) Consider increases in the state's obligation to collect
and share information or provide other services to encourage and
facilitate good forest stewardship.
' (3) The task force shall make a report to the State Board of
Forestry no later than February 1, 1996, so their initial
recommendations to the board may be reflected in the State
Forestry Department budget and legislation proposed for adoption
by the Sixty-ninth Legislative Assembly. + }
'
{ + SB 706 + }
' **************************** { + SECTION 37. + } ORS
479.540 is amended to read:
' 479.540. (1) Except as otherwise provided in this subsection,
no person is required to obtain a license to make an electrical
installation on property that is owned by the person or a member
of the person's immediate family if the property is not intended
for sale, exchange, lease or rent. The following apply to the
exemption established in this subsection:
' (a) The exemption established for a person under this
subsection does not exempt the work performed by the person from
having to comply with the requirements for such work under ORS
chapter 455 or this chapter and rules adopted thereunder.
' (b) If the property is a building used as a residence and is
for rent, lease, sale or exchange, this subsection establishes an
exemption for work on, alterations to or replacement of parts of
electrical installations as necessary for maintenance of the
existing electrical installations on that property, but does not
exempt new electrical installations or substantial alterations to
existing electrical installations on that property.
' (2) No electrical contractor license is required in
connection with an electrical installation:
' (a) Of meters and similar devices for measuring electricity
by a person principally engaged in the business of generating or
selling electricity in connection with the construction or
maintenance of electrical lines, wires or equipment.
' (b) Of ignition or lighting systems for motor vehicles.
' (c) To be made by a person on the person's property in
connection with the person's business.
' (d) To be made by a public utility, telecommunications
utility or municipality for generation, transmission or
distribution of electricity on property which it owns or manages.
' (3) No person whose sole business is generating or selling
electricity in connection with the construction or maintenance of
electrical lines, wires or equipment, is required to obtain a
license to transform, transmit or distribute electricity from its
source to the service head of the premises to be supplied
thereby.
' (4)(a) No license is required for:
' (A) Temporary demonstrations;
' (B) A street lighting system located on a public street or in
a right of way if the system is similar to a system provided by a
public utility and the installation or maintenance, or both, is
performed by a qualified employee of a licensed electrical
contractor principally engaged in the business of installing and
maintaining such systems; or
' (C) An outdoor transmission or distribution system, whether
overhead or underground, if the system is similar to a system
provided by a public utility and the installation or maintenance,
or both, is performed by a qualified employee of a licensed
electrical contractor principally engaged in the business of
installing and maintaining such systems.
' (b) For the purposes of this subsection, 'qualified employee'
means an employee who has registered with or graduated from a
State of Oregon or federally approved apprenticeship course
designed for the work being performed. The supervising
electrician signature required under ORS 479.560 (1)(b) does not
apply to contractors working under this subsection.
' (5) The provisions of ORS 479.510 to 479.945 do not apply:
' (a) To electrical products owned by, supplied to or to be
supplied to a public utility as defined in ORS 757.005 or
telecommunications utility as defined in ORS 759.005;
' (b) To electrical installations made by or for such a public
utility or telecommunications utility where the electrical
installations are an integral part of the equipment or electrical
products of such utility; or
' (c) To any electrical generation plant owned or operated by a
municipality to the same extent as a public utility or
telecommunications utility under paragraphs (a) and (b) of this
subsection.
' (6) No permit is required for the repair, alteration or
replacement of existing electrical products at an industrial
plant, a commercial office building, a building that is owned,
leased, managed or operated by the state or a local government
entity or other facilities designated by the board when the
owner, operating manager or electrical contractor of the facility
who meets the provisions of ORS 479.630 (1) and (2) obtains a
master permit for inspection under ORS 479.560 (3).
' (7) In cases of emergency in industrial plants no permit is
required in advance for electrical installation made by a person
licensed as a general supervising electrician, a general
journeyman electrician or an electrical apprentice under ORS
479.630 if an application accompanied by appropriate fee for a
permit is submitted to the department within five days after the
commencement of such electrical work.
' (8) No person is required to obtain a license or permit to
set in place and connect a certified electrical product as long
as the work performed is not an electrical installation as
defined in ORS 479.530.
' (9) The provisions of ORS 479.510 to 479.945 do not apply to
electrical installations involving:
' (a) Communication and signal systems of railroad companies.
' (b) Telephone terminal equipment and communications systems
including all grandfathered or registered telephone terminal
equipment and communications systems identified in the Federal
Communications Commission rules and regulations, Volume X, part
68, and all terminal equipment and communications systems that
are utilized in conjunction with private line communications
services.
' (c) Remote and permanent broadcast systems of radio and
television stations licensed by the Federal Communications
Commission if the systems are not part of the building's
permanent wiring.
' (10)(a) The board may grant partial or complete exemptions by
rule for any electrical product from any of the provisions of ORS
455.610 to 455.630 or 479.510 to 479.945 if the board determines
that the electrical product does not present a danger to the
health and safety of the people of this state.
' (b) If the board grants an exemption pursuant to subsection
(1) of this section, the board may determine that the product may
be installed by a person not licensed under ORS 479.510 to
479.945.
' (11) ORS 479.760 does not apply to products described in this
subsection that comply with the minimum electrical installation
safety code. This subsection does not exempt any products used in
locations determined to be hazardous in the electrical code of
this state. The following apply to this subsection:
' (a) Except as provided in paragraph (b) of this subsection,
the exemption under this subsection applies to:
' (A) Industrial electrical equipment.
' (B) The rotating equipment portion of power generation
equipment.
' (C) Testing equipment used in a laboratory or hospital.
' (D) Commercial electrical air conditioning equipment.
' (E) Prefabricated work performed by an electrical contractor
with licensed electrical personnel in the contractor's place of
business for assembly on the job site if the work is composed of
parts that are certified electrical products.
' (b) Notwithstanding paragraph (a) of this subsection, the
board may require any of the products described in paragraph (a)
of this subsection to be subject to the certification
requirements under ORS 479.760 if the board determines that the
product or class of products has presented a fire or life safety
hazard in use. A determination under this paragraph shall be
effective as to any such product or class of products sold or
offered for sale after the date of the determination becomes
final. The board may reinstate any exemption removed under this
paragraph if the board determines that the reasons for the
removal of the exemption have been corrected.
' (12) ORS 479.760 does not apply to electrical equipment that
has been in use for one year or more and that is offered for
sale.
' (13) A person who holds a limited maintenance specialty
contractor license or a limited pump installation specialty
contractor license issued under ORS 479.510 to 479.945 or a
person who is the employee of such license holder and who is
listed with the board as an employee is not required to have a
journeyman license or supervising electrician's license to
perform work authorized under the person's license.
' (14) No person is required to obtain a permit for work on,
alterations to or replacement of parts of electrical
installations as necessary for maintenance of existing electrical
installations on residential property owned by the person or by a
member of the person's immediate family. This subsection does not
establish an exemption for new electrical installations or
substantial alterations to existing electrical installations.
' (15) No permit is required for those minor electrical
installations for which the board has authorized an installation
label.
' (16) A residential home, as defined in ORS 443.580, and an
adult foster home, as defined in ORS 443.705, shall not be
considered to be a multifamily dwelling and only electrical
installation standards and safety requirements applicable to
single family dwellings apply to such homes.
' (17) The permit requirements of ORS 479.550 and the license
requirements of ORS 479.620 do not apply to cable television
installations.
' (18) The provisions of any electrical products code or rule
adopted pursuant to ORS 479.510 to 479.945 apply to cable and
such products installed as part of a cable television
installation.
' { + (19)(a) No employer is required to obtain a license to
make an electrical installation of the type allowed under ORS
479.630 (13) on seasonal farmworker housing on the farm property
of the employer. However, the work performed under this
subsection must comply with the requirements for such work under
ORS chapter 455 and rules adopted thereunder. As used in this
subsection, ' seasonal farmworker housing' has the meaning given
that term under ORS 197.675.
' (b) If an employer is any form of corporate entity, corporate
officers as described in ORS 656.027 (9)(a) may act as an
employer under paragraph (a) of this subsection. + }
'
{ + SB 889 + }
' **************************** { + SECTION 38. + }
{ + Sections 38a to 38d of this Act are added to and made a part
of ORS 468B.200 to 468B.230. + }
' **************************** { + SECTION 38a. + } { + As
used in sections 38b to 38d of this 1995 special session Act,
'person' does not include any local, state or federal agency. + }
' **************************** { + SECTION 38b. + } { + (1)
Prior to conducting an investigation of a confined animal feeding
operation under ORS 468B.217 on the basis of a complaint, the
State Department of Agriculture shall:
' (a) Require the person making the complaint to specify the
complaint in writing; and
' (b) Determine which provision of ORS chapter 468 or 468B,
which rule adopted under ORS chapter 468 or 468B or which permit
issued under ORS chapter 468 or 468B the operator of the confined
animal feeding operation may have violated.
' (2) If, upon investigation under ORS 468B.217 on the basis of
a complaint received under subsection (1) of this section, the
State Department of Agriculture determines that a confined animal
feeding operation has not violated a provision of ORS chapter 468
or 468B, a rule adopted under ORS chapter 468 or 468B or the
conditions of a permit issued under ORS chapter 468 or 468B, the
State Department of Agriculture shall require that any additional
complaint filed by the same person in the same calendar year
shall be accompanied by a security deposit of $250. If, after
investigation, the State Department of Agriculture determines
that a violation has occurred, the security deposit shall be
returned to the person who filed the complaint. If the State
Department of Agriculture determines that a violation has not
occurred, the security deposit shall be forfeited. + }
' **************************** { + SECTION 38c. + } { + (1)
In addition to any liability or penalty provided by law, the
State Department of Agriculture may impose a civil penalty in an
amount not to exceed $2,500 on any person who makes any false
material statement, representation or certification in a written
complaint required under section 38b of this 1995 special session
Act.
' (2) Any civil penalty under subsection (1) of this section
shall be imposed in the manner provided by ORS 183.090. + }
' **************************** { + SECTION 38d. + }
{ + Notwithstanding sections 38a to 38c of this 1995 special
session Act, the State Department of Agriculture may investigate
at any time any complaint if the State Department of Agriculture
determines that the violation alleged in the complaint may
present an immediate threat to the public health or safety. + }
'
{ + HB 2612 + }
' **************************** { + SECTION 39. + } { + The
Legislative Assembly hereby determines that the citizens of this
state benefit from a system of safe, effective and scientifically
sound pesticide regulation. The Legislative Assembly further
finds that a uniform, statewide system of pesticide regulation
that is consistent, coordinated and comports with both federal
and state technical expertise is essential to the public health,
safety and welfare and that local regulation of pesticides does
not materially assist in achieving these benefits. + }
' **************************** { + SECTION 39a. + } { + No
city, town, county or other political subdivision of this state
shall adopt or enforce any ordinance, rule or regulation
regarding pesticide sale or use, including but not limited to:
' (1) Labeling;
' (2) Registration;
' (3) Notification of use;
' (4) Advertising and marketing;
' (5) Distribution;
' (6) Applicator training and certification;
' (7) Licensing;
' (8) Transportation;
' (9) Packaging;
' (10) Storage;
' (11) Disclosure of confidential information; or
' (12) Product composition. + }
' **************************** { + SECTION 39b. + }
{ + Notwithstanding section 39a of this Act, a city, town,
county or other political subdivision of this state may adopt a
policy regarding the use of pesticides on property owned by the
city, town, county or other political subdivision adopting the
policy. + }
' **************************** { + SECTION 39c. + }
{ + Nothing in section 39a of this Act shall limit the authority
of a city, town, county or other political subdivision of this
state to adopt or enforce a local ordinance, rule or regulation
strictly necessary to comply with:
' (1) The Uniform Building Code published by the International
Conference of Building Officials, as amended and adopted by the
Director of the Department of Consumer and Business Services;
' (2) A uniform fire code; or
' (3) Any requirement of a state or federal statute or
regulation pertaining to pesticides. + }
'
{ + HB 3448 + }
' **************************** { + SECTION 40. + } ORS
468A.363 is amended to read:
' 468A.363. The Legislative Assembly declares the purpose of
ORS 468A.363, 468A.365, 468A.400 and 815.300 is to:
' (1) Insure that the health of citizens in the Portland area
is not threatened by recurring air pollution conditions.
' (2) Provide necessary authority to the Environmental Quality
Commission to implement one of the critical elements of the air
quality maintenance strategy for the Portland area related to
improvements in the motor vehicle inspection program.
' (3) Insure that the Department of Environmental Quality is
able to submit an approvable air quality maintenance plan for the
Portland area through the year 2006 to the { + United States + }
Environmental Protection Agency as soon as possible so that area
can again be designated as an attainment area and impediments to
industrial growth imposed in the Clean Air Act can be removed.
' (4) Direct the Environmental Quality Commission to use
existing authority to incorporate the following programs for
emission reduction credits into the air quality maintenance plan
for the Portland area:
' (a) California or United States Environmental Protection
Agency emission standards for new lawn and garden equipment sold
in the Portland area.
' (b) Transportation-efficient land use requirements of the
transportation planning rule adopted by the Land Conservation and
Development Commission.
' (c) Improvements in the vehicle inspection program as
authorized in ORS 468A.350 to 468A.400, including emission
reduction from on-road vehicles resulting from enhanced testing,
elimination of exemptions for 1974 and later model year vehicles,
and expansion of inspection program boundaries { + as adopted by
the commission on or before July 31, 1994, except that the
commission may not expand the vehicle inspection program into a
county in which a program was not in operation on or before
December 31, 1994, or into that portion of the Sandy-Estacada
area identified as census tracts 234.02, 235, 242, 243.02 in the
document entitled ' 1990 Census of Population and Housing,
Population and Housing Characteristics for Census Tracts and
Blocks Numbering Areas, Portland-Vancouver, Oregon, CMSA' unless
their respective airsheds are designated as nonattainment areas
for ozone. Before any expansion of the vehicle inspection
program, the department shall report the department's plan to the
Joint Committee on Ways and Means during the legislative sessions
or the Emergency Board during the interim between sessions,
including evidence of ozone nonattainment within the area and
evidence that the nonattainment is due primarily to automobile
emissions + }.
' (d) An employer trip reduction program that provides an
emission reduction from on-road vehicles { + which shall be
required only to the extent necessary to obtain approval of the
air quality maintenance plan, taking into account other available
emission reduction credits, but in no case shall this program
exceed a 2.0 percent volatile organic compound emission
reduction. Any emission reduction credits that result from the
comprehensive air quality public education program described in
section 40b of this 1995 special session Act or any other surplus
emission reduction credits that may result from programs
established pursuant to section 40c of this 1995 special session
Act shall be used to reduce or eliminate the mandatory
requirements of the employer trip reduction program + }.
' (e) A parking ratio program that { + establishes
voluntary + } limits { + on + } the construction of new parking
spaces for employment, retail and commercial locations. { + To
the extent the department may control the availability of
pollution control tax credits, these and other incentives shall
be used to the maximum extent allowed to encourage participation
in this program. + }
' (f) Emission reductions resulting from any new federal motor
vehicle fuel tax.
' (g) State and federal alternative fuel vehicles fleet
programs that result in emission reductions.
' (h) Installation of maximum achievable control technology by
major sources of hazardous air pollutants as required by the
Federal Clean Air Act, as amended, resulting in emission
reductions.
' (i) As a safety margin, or as a substitute in whole or in
part for other elements of the plan, emission reductions
resulting from any new state gasoline tax or for any new vehicle
registration fee that allows use of revenue for air quality
improvement purposes.
' { + (5) In developing an air quality maintenance plan for
the Portland area to be submitted to the United States
Environmental Protection Agency under this section, the
Environmental Quality Commission shall not reduce the permitted
emission levels of any permit holder in the Portland area nor
require additional emission restrictions or permit modifications
of permit holders without the agreement of the permit holder,
unless required to do so by federal law or regulation of the
United States Environmental Protection Agency. + }
' **************************** { + SECTION 40a. + }
{ + Section 40b of this Act is added to and made a part of ORS
chapter 468A. + }
' **************************** { + SECTION 40b. + } { + The
Department of Environmental Quality shall:
' (1) Design and implement a comprehensive and continuing
public education program to reduce mobile and area source
emissions in the Portland air quality maintenance area;
' (2) Develop methodology to quantify emission reductions
achieved through the public education program; and
' (3) Encourage the United States Environmental Protection
Agency to provide appropriate emission reduction credits for the
program. + }
' **************************** { + SECTION 40c. + } { + The
Department of Environmental Quality shall explore the potential
for establishing a program to replace gasoline-fueled lawn and
garden equipment in the Portland air quality maintenance area
with zero emission equipment or any other similar program to
reduce emissions. + }
' **************************** { + SECTION 40d. + }
{ + Notwithstanding any other law, the amount of $1 is
established for the biennium beginning July 1, 1995, as the
maximum limit for payment of expenses incurred in carrying out
section 40b of this Act from fees, moneys or other revenues,
including Miscellaneous Receipts, including federal funds,
collected or received by the Department of Environmental
Quality. + }
' **************************** { + SECTION 41. + } { + The
unit and section captions used in this Act are provided only for
convenience in locating provisions of this Act and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this Act. + }
'
{ + HB 2784 + }
' **************************** { + SECTION 42. + } { + (1)
Except as expressly authorized by state statute, the authority to
regulate in any matter whatsoever the sale, acquisition,
transfer, ownership, possession, storage, transportation or use
of firearms or any element relating to firearms and components
thereof, including ammunition, is vested solely in the
Legislative Assembly.
' (2) Except as expressly authorized by state statute, no
county, city or other municipal corporation or district may enact
civil or criminal ordinances, including but not limited to zoning
ordinances, to regulate, restrict or prohibit the sale,
acquisition, transfer, ownership, possession, storage,
transportation or use of firearms or any element relating to
firearms and components thereof, including ammunition. Ordinances
that are contrary to this subsection are void. + }
' **************************** { + SECTION 42a. + } { + (1)
A county may adopt ordinances to regulate, restrict or prohibit
the discharge of firearms within their boundaries.
' (2) Ordinances adopted under subsection (1) of this section
may not apply to or affect:
' (a) A person discharging a firearm in the lawful defense of
person or property.
' (b) A person discharging a firearm in the course of lawful
hunting.
' (c) A landowner and guests of the landowner discharging a
firearm, when the discharge will not endanger adjacent persons or
property.
' (d) A person discharging a firearm on a public or private
shooting range, shooting gallery or other area designed and built
for the purpose of target shooting.
' (e) A person discharging a firearm in the course of target
shooting on public land that is not inside an urban growth
boundary or the boundary of a city, if the discharge will not
endanger persons or property. + }
' **************************** { + SECTION 42b. + } { + (1)
A city may adopt ordinances to regulate, restrict or prohibit the
discharge of firearms within the city's boundaries.
' (2) Ordinances adopted under subsection (1) of this section
may not apply to or affect:
' (a) A person discharging a firearm in the lawful defense of
person or property.
' (b) A person discharging a firearm on a public or private
shooting range, shooting gallery or other area designed and built
for the purpose of target shooting. + }
' **************************** { + SECTION 42c. + } { + (1)
A city or county may adopt ordinances to regulate, restrict or
prohibit the possession of loaded firearms in public places as
defined in ORS 161.015.
' (2) Ordinances adopted under subsection (1) of this section
do not apply to or affect:
' (a) A law enforcement officer in the performance of official
duty.
' (b) A member of the military in the performance of official
duty.
' (c) A person licensed to carry a concealed handgun.
' (d) A person authorized to possess a loaded firearm while in
or on a public building under ORS 166.370. + }
' **************************** { + SECTION 42d. + }
{ + Notwithstanding any other provision of law, a city, county
or other municipal corporation or district may not adopt
ordinances that regulate, restrict or prohibit the possession or
sale of firearms in a public building that is rented or leased to
a person during the term of the lease. + }
' { + **************************** SECTION 42e. + } { + (1)
Notwithstanding any other provision of law, a city may continue
to regulate the purchase of used firearms by pawnshops and
secondhand stores.
' (2) As used in this section, 'secondhand store' means a store
or business whose primary source of revenue is the sale of used
merchandise. + }
' **************************** { + SECTION 42f. + } { + ORS
166.245 is repealed. + }
' **************************** { + SECTION 43. + }
{ + Section 43a of this Act is added to and made a part of
chapter 393, Oregon Laws 1991. + }
' **************************** { + SECTION 43a. + } { + (1)
Prior to 60 days after the effective date of this 1995 special
session Act, a school district may submit a request to the
Superintendent of Public Instruction for a waiver of the merger
requirements in section 2, chapter 393, Oregon Laws 1991. The
request shall be in writing and shall state the reasons for the
request.
' (2) Upon receipt of the request for a waiver and prior to 90
days after the effective date of this 1995 special session Act,
the superintendent may grant a waiver of the merger requirements
pursuant to the criteria under subsection (3) of this
section. + } { +
' (3) The superintendent shall grant a waiver of the merger
requirements unless the superintendent finds that the merger:
' (a) Would result in substantial or significant financial
savings in the affected area, as measured by the affected
districts' current operating expenditures per student compared to
other school districts of comparable size as determined by the
Department of Education; and
' (b) Would improve the quality of education in the affected
area, based on statewide student assessment results and other
factors considered appropriate by the superintendent. + } { +
' (4) The superintendent shall establish the process for
applying for and obtaining a waiver from the merger requirements.
In the establishment of the process, the superintendent shall
seek public comment.
' (5) A decision by the superintendent under this section is
final and may not be challenged or appealed in any court of this
state. + }
' **************************** { + SECTION 43b. + } Section
2, chapter 393, Oregon Laws 1991, as amended by section 1,
chapter 659, Oregon Laws 1995 (Enrolled House Bill 2701), is
further amended to read:
' { + Sec. 2. + } (1) Every union high school district
composed of component school districts or split school districts,
or both, shall merge into a single unified school district on or
before September 1, 1996. If any district fails to merge by
September 1, 1996, the district boundary board shall order the
necessary changes to be effective no later than March 1, 1997. No
remonstrance or election shall be allowed on changes ordered
after September 1, 1996.
' (2) Elementary school districts that are required to merge
and have not merged into a unified school district on or before
September 1, 1996, shall become part of such a unified school
district by March 1, 1997. In ordering such a merger, the
district boundary board may order the elementary school district
divided among more than one unified school district. No
remonstrance or election shall be allowed on changes ordered
after September 1, 1996.
' (3) Notwithstanding subsection (1) of this section, a union
high school district composed of component school districts and
containing a high school that is a boarding school on January 1,
1995, shall not be required to merge under subsection (1) of this
section.
' { + (4) Notwithstanding subsection (1) of this section, a
component school district containing an elementary school that is
located more than 30 miles from the nearest union high school
shall not be required to merge under subsection (1) of this
section. Upon the merger of the union high school district with
the other component school districts, the component school
district not required to merge under this subsection may become a
unified elementary school district. + }
' { - (4) - } { + (5) + } Notwithstanding subsection (2) of
this section, if an elementary school district has an elementary
school that is located more than 15 miles from the nearest high
school located in a unified school district, the elementary
school district shall not be required to merge under subsection
(2) of this section.
' { - (5) - } { + (6) + } Not later than 30 days after the
effective date of this 1995 Act, the Superintendent of Public
Instruction shall certify the names of the school districts not
required to merge under { - subsection (3) or (4) - } { +
subsections (3) to (5) + } of this section.
' **************************** { + SECTION 43c. + } Section
3, chapter 393, Oregon Laws 1991, as amended by section 2,
chapter 659, Oregon Laws 1995 (Enrolled House Bill 2701), is
further amended to read:
' { + Sec. 3. + } (1) Any school district that does not offer
education programs in kindergarten through grade 12 on and after
July 1, 1997, shall be considered nonstandard under ORS 327.103.
' (2) This section shall not apply to any school district not
required to merge under section 2 (3) { - or (4) - } { + to
(5) + }, chapter 393, Oregon Laws 1991.
' **************************** { + SECTION 43d. + } { + (1)
Nothing in sections 43 to 43d of this Act affects a merger that
is final and has taken effect pursuant to ORS 330.103 in response
to chapter 393, Oregon Laws 1991, before the effective date of
this Act.
' (2) Prior to 30 days after the effective date of this Act, if
a district merger was initiated in response to chapter 393,
Oregon Laws 1991, and has not taken effect pursuant to ORS
330.103 before the effective date of this Act, an elementary
school district included in the merger may withdraw the
resolution authorizing the merger. If a district withdraws the
resolution, the district boundary board shall stop the merger of
the district and proceed under the provisions of sections 43 to
43d of this Act. + } ' .
In line 11, delete '35' and insert '44'.
In line 13, delete '36' and insert '45'. { + + }
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