70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1621
A-Engrossed
House Bill 3259
Ordered by the House May 14
Including House Amendments dated May 14
Sponsored by Representative DECKERT (at the request of Oregon
Building Industry Association, Home Builders Association of
Metropolitan Portland)
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.
{ + Allows county comprehensive plans to establish or extend
urban services from inside urban growth boundary to area inside
county but outside growth boundary if certain conditions are
met. + } Prohibits local government and Land Conservation and
Development Commission from prohibiting siting of public school
facility in urban reserve area.
A BILL FOR AN ACT
Relating to urban reserve areas; creating new provisions; and
amending ORS 195.060, 195.065 and 195.145.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 1999 Act is added to and made
a part of ORS 195.065 to 195.085. + }
SECTION 2. { + (1) A county comprehensive plan adopted under
ORS 197.175 may provide for establishing or extending urban
services from inside an urban growth boundary to an urban reserve
area in the county outside the urban growth boundary provided the
urban services are established or extended to serve the uses
permitted by ORS 215.213 (1)(a) and 215.283 (1)(a) and an urban
service agreement adequately provides for the development,
installation, maintenance and use of the services.
(2) County land use decisions regarding the establishment or
extension of urban services as provided in this section shall be
consistent with the county comprehensive plan. + }
SECTION 3. ORS 195.060 is amended to read:
195.060. As used in ORS 195.020, 195.065 to 195.085 and
197.005, unless the context requires otherwise:
(1) 'District' has the meaning given that term in ORS 198.010.
In addition, the term includes a county service district
organized under ORS chapter 451.
{ + (2) 'Land use decision' has the meaning given that term
in ORS 197.015. + }
{ - (2) - } { + (3) + } 'Urban growth boundary' means an
acknowledged urban growth boundary contained in a city or county
comprehensive plan or an acknowledged urban growth boundary that
has been adopted by a metropolitan service district council under
ORS 268.390 (3).
{ - (3) - } { + (4) + } 'Urban service' has the meaning
given that term in ORS 195.065.
SECTION 4. ORS 195.065 is amended to read:
195.065. (1) Under ORS 190.003 to 190.125, units of local
government and special districts that provide an urban service to
an area within an urban growth boundary that has a population
greater than 2,500 persons, and that are identified as
appropriate parties by a cooperative agreement under ORS 195.020,
shall enter into urban service agreements that:
(a) Specify whether the urban service will be provided in the
future by a city, county, district, authority or a combination of
one or more cities, counties, districts or authorities.
(b) Set forth the functional role of each service provider in
the future provision of the urban service.
(c) Determine the future service area for each provider of the
urban service.
(d) Assign responsibilities for:
(A) Planning and coordinating provision of the urban service
with other urban services;
(B) Planning, constructing and maintaining service facilities;
and
(C) Managing and administering provision of services to urban
users.
(e) Define the terms of necessary transitions in provision of
urban services, ownership of facilities, annexation of service
territory, transfer of moneys or project responsibility for
projects proposed on a plan of the city or district prepared
pursuant to ORS 223.309 and merger of service providers or other
measures for enhancing the cost efficiency of providing urban
services.
(f) Establish a process for review and modification of the
urban service agreement.
(2)(a) Each county shall have responsibility for convening
representatives of all cities and special districts that provide
or declare an interest in providing an urban service inside an
urban growth boundary within the county, for the purpose of
negotiating an urban service agreement. A county may establish
two or more subareas inside an urban growth boundary for the
purpose of such agreements. If an urban service is to be provided
within the boundaries of a Metropolitan Service District, a
county shall notify the Metropolitan Service District in advance
of the time for cities and special districts to meet for the
purpose of negotiating an urban service agreement, and the
Metropolitan Service District shall exercise its review, advisory
and coordination functions under ORS 195.025.
(b) When negotiating for an urban service agreement, a county
shall consult with recognized community planning organizations
within the area affected by the urban service agreement.
(3) Decisions on a local government structure to be used to
deliver an urban service under ORS 195.070 are not land use
decisions under ORS 197.015.
(4) For purposes of ORS 195.020, 195.070, 195.075, 197.005 and
this section { + and section 2 of this 1999 Act + }, 'urban
services' means:
(a) Sanitary sewers;
(b) Water;
(c) Fire protection;
(d) Parks;
(e) Open space;
(f) Recreation; and
(g) Streets, roads and mass transit.
(5) Whether the requirement of subsection (1) of this section
is met by a single urban service agreement among multiple
providers of a service, by a series of agreements with individual
providers or by a combination of multiprovider and
single-provider agreements shall be a matter of local discretion.
SECTION 5. ORS 195.145 is amended to read:
195.145. (1) To { - insure - } { + ensure + } that the
supply of land available for urbanization is maintained, local
governments may cooperatively designate lands outside urban
growth boundaries as urban reserve areas, subject to ORS 197.610
to 197.625.
(2)(a) The Land Conservation and Development Commission may
require a local government to designate an urban reserve area
during its periodic review in accordance with the standards for
periodic review under ORS 197.628.
(b) Notwithstanding paragraph (a) of this subsection, the
commission may require a local government to designate an urban
reserve area outside of its periodic review if:
(A) The local government is located inside a Primary
Metropolitan Statistical Area or a Metropolitan Statistical Area
as designated by the Federal Census Bureau upon November 4, 1993;
and
(B) The local government has been required to designate an
urban reserve area by rule prior to November 4, 1993.
(3) In carrying out subsections (1) and (2) of this section:
(a) { - Within an urban reserve area, neither - } The
commission
{ - nor - } { + or + } any local government shall { +
not + } prohibit the siting { + of a single family dwelling + }
on a legal parcel { - of a single family dwelling that - }
{ + within an urban reserve area if the siting + } would
otherwise have been allowed under law existing prior to
designation { + of lands containing the parcel + } as an urban
reserve area.
{ + (b) The commission or any local government shall not
prohibit the siting of a public school facility, as defined in
ORS 327.300, on a legal parcel within an urban reserve area. + }
{ - (b) - } { + (c) + } The commission shall provide to
local governments a list of options, rather than prescribing a
single planning technique, to { - assure - } { + ensure + }
the efficient transition from rural to urban use in urban reserve
areas.
(4) For purposes of this section, 'urban reserve area ' means
lands outside an urban growth boundary that will provide for:
(a) Future expansion over a long-term period; and
(b) The cost-effective provision of public facilities and
service within the area when the lands are included within the
urban growth boundary.
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