Relating to collaborative regional problem-solving process for land use decisions; creating new provisions; amending ORS 197.717; repealing sections 36, 36a, 36b, 36c, 36d, 36e, 36f, 36g and 36h, chapter 3, Oregon Laws 1995 (special session); and declaring an emergency.




     68th OREGON LEGISLATIVE ASSEMBLY--1996 Special Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 281

                         House Bill 3482

Sponsored by SPECIAL SESSION COMMITTEE ON GOVERNMENT AFFAIRS


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Provides collaborative regional problem-solving process for
land use decisions.

                        A BILL FOR AN ACT
Relating to collaborative regional problem-solving process for
  land use decisions; creating new provisions; amending ORS
  197.717; repealing sections 36, 36a, 36b, 36c, 36d, 36e, 36f,
  36g and 36h, chapter 3, Oregon Laws 1995 (special session); and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 36, 36a, 36b, 36c, 36d, 36e, 36f, 36g
and 36h (amending ORS 197.717), chapter 3, Oregon Laws 1995
(special session), are repealed. + }
  SECTION 2.  { + Sections 3 to 9 of this Act are added to and
made a part of ORS chapter 197. + }
  SECTION 3.  { + (1) Up to four pilot programs of the
collaborative regional problem-solving process described in
sections 4 and 5 of this 1996 Act shall be established in
counties or regions geographically distributed throughout the
state.
  (2) The Land Conservation and Development Commission shall
submit an application to the Emergency Board for funds sufficient
to initiate pilot programs to carry out the collaborative
regional problem-solving process as established in sections 4 and
5 of this 1996 Act. + }
  SECTION 4.  { + (1) Local governments and those special
districts that provide urban services may enter into a
collaborative regional problem-solving process. A collaborative
regional problem-solving process is a planning process directed
toward resolution of land use problems in a region. The process
must offer an opportunity to participate with appropriate state
agencies and all local governments within the region affected by
the problems that are the subject of the problem-solving process.
The process must include:
  (a) An opportunity for involvement by other stakeholders with
an interest in the problem; and
  (b) Efforts among the collaborators to agree on goals,
objectives and measures of success for steps undertaken to
implement the process as set forth in section 5 of this 1996 Act.
  (2) As used in sections 3 to 9 of this 1996 Act, 'region '
means an area of one or more counties, together with the cities
within the county, counties, or affected portion of the
county. + }
  SECTION 5.  { + (1) Upon invitation by the local governments in
a region, the Land Conservation and Development Commission and
other state agencies may participate with the local governments
in a collaborative regional problem-solving process.
  (2) Following the procedures set forth in this subsection, the
commission may acknowledge amendments to comprehensive plans and
land use regulations, or new land use regulations, that do not
fully comply with the rules of the commission that implement the
statewide planning goals, without taking an exception, upon a
determination that:
  (a) The amendments or new provisions are based upon agreements
reached by all local participants, the commission and other
participating state agencies, in the collaborative regional
problem-solving process;
  (b) The regional problem-solving process has included agreement
among the participants on:
  (A) Regional goals for resolution of each regional problem that
is the subject of the process;
  (B) Optional techniques to achieve the goals for each regional
problem that is the subject of the process;
  (C) Measurable indicators of performance toward achievement of
the goals for each regional problem that is the subject of the
process;
  (D) A system of incentives and disincentives to encourage
successful implementation of the techniques chosen by the
participants to achieve the goals;
  (E) A system for monitoring progress toward achievement of the
goals; and
  (F) A process for correction of the techniques if monitoring
indicates that the techniques are not achieving the goals; and
  (c) The agreement reached by regional problem-solving process
participants and the implementing plan amendments and land use
regulations conform, on the whole, with the purposes of the
statewide planning goals.
  (3) A local government that amends an acknowledged
comprehensive plan or land use regulation or adopts a new land
use regulation in order to implement an agreement reached in a
regional problem-solving process shall submit the amendment or
new regulation to the commission in the manner set forth in ORS
197.628 to 197.644 for periodic review or set forth in ORS
197.251 for acknowledgment.
  (4) The commission shall have exclusive jurisdiction for review
of amendments or new regulations described in subsection (3) of
this section. A participant or stakeholder in the collaborative
regional problem-solving process shall not raise an issue before
the commission on review that was not raised at the local level.
  (5) If the commission denies an amendment or new regulation
submitted pursuant to subsection (3) of this section, the
commission shall issue a written statement describing the reasons
for the denial and suggesting alternative methods for
accomplishing the goals on a timely basis.
  (6) If, in order to resolve regional land use problems, the
participants in a collaborative regional problem-solving process
decide to devote agricultural land or forestland, as defined in
the statewide planning goals, to uses not authorized by those
goals, the participants shall choose land that is not part of the
region's commercial agricultural or forestland base, or take an
exception to those goals pursuant to ORS 197.732. To identify
land that is not part of the region's commercial agricultural or
forestland base, the participants shall consider the
recommendation of a committee of persons appointed by the
affected county, with expertise in appropriate fields, including
but not limited to farmers, ranchers, foresters and soils
scientists and representatives of the State Department of
Agriculture, the State Department of Forestry and the Department
of Land Conservation and Development.
  (7) The Governor shall require all appropriate state agencies
to participate in the collaborative regional problem-solving
process. + }
  SECTION 6.  { + In addition to the provisions of ORS 197.644,
the Land Conservation and Development Commission may modify an
approved work program when a local government has agreed to
participate in a collaborative regional problem-solving process
pursuant to sections 4 and 5 of this 1996 Act. + }
  SECTION 7.  { + The collaborative regional problem-solving
process described in sections 4 and 5 of this 1996 Act shall be
conducted only to the extent funds are available to the Land
Conservation and Development Commission. + }
  SECTION 8.  { + Of the moneys appropriated to the Emergency
Board for the biennium beginning July 1, 1995, the board shall
allocate $1 million, upon application of the Land Conservation
and Development Commission, for the purpose of implementing
collaborative regional problem-solving pilot programs as
described in sections 3 to 5 of this 1996 Act. + }
  SECTION 9.  { + Sections 3 to 8 of this 1996 Act are repealed
December 31, 1998. + }
  SECTION 10. ORS 197.717 is amended to read:
  197.717. (1) State agencies shall provide technical assistance
to local governments in:
  (a) Planning and zoning land adequate in amount, size,
topography, transportation access and surrounding land use and
public facilities for the special needs of various industrial and
commercial uses;
  (b) Developing public facility plans; and
  (c) Streamlining local permit procedures.
  (2) The Economic Development Department shall provide a local
government with 'state and national trend' information to assist
in compliance with ORS 197.712 (2)(a).
  (3) The  { + Land Conservation and Development + } Commission
shall develop model ordinances to assist local governments in
streamlining local permit procedures.
   { +  (4) The Department of Land Conservation and Development
and the Economic Development Department shall establish a joint
program to assist rural communities with economic and community
development services. The assistance shall include, but not be
limited to, grants, loans, model ordinances and technical
assistance. The purposes of the assistance are to remove
obstacles to economic and community development and to facilitate
that development. The departments shall give priority to
communities with high rates of unemployment. + }
  SECTION 11.  { + This Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Act takes effect on its
passage. + }
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