Bill Text: OR HB4095 | 2012 | Regular Session | Engrossed

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Bill Title: Relating to regionalized land use planning; appropriating money.

Sponsorship: Moderate Partisan Bill (Republican 17-2)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4095 Detail]

Download: Oregon-2012-HB4095-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 41

                           A-Engrossed

                         House Bill 4095
                Ordered by the House February 10
          Including House Amendments dated February 10

Sponsored by Representatives GARRARD, ESQUIVEL; Representatives
  CAMERON, HANNA, HICKS, KRIEGER, LINDSAY, PARRISH, SCHAUFLER,
  SHEEHAN, G SMITH, SPRENGER, THATCHER, WAND, WHISNANT, WINGARD,
  Senators ATKINSON, JOHNSON, WHITSETT (Presession filed.)

                             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 Jackson, Josephine and Douglas Counties to enter into
intergovernmental agreement. Allows counties that are parties to
agreement to petition Land Conservation and Development
Commission to establish   { - regional definitions for
'agricultural land' or ' forestland,' or both, for purpose of
regional planning under statewide land use planning system - }
 { +  definitions of terms ' agricultural land' and 'forestland'
for purposes of land use planning in those counties. Requires
commission to consider specified factors in adopting and applying
definitions. Requires Department of Land Conservation and
Development to report to Legislative Assembly no later than date
of convening of 2015 regular session on actions taken by counties
and department + }.
    { - Appropriates moneys to Department of Land Conservation
and Development to make grants to counties that agree to petition
commission for regional definitions. - }
    { - Appropriates moneys to Department of Land Conservation
and Development to meet costs of department, State Department of
Agriculture, State Forestry Department and Water Resources
Department to review petition and establish regional
definitions. - }
    { - Declares emergency, effective on passage. - }
   { +  Establishes Regional Resource Land Program Fund and
continuously appropriates moneys in fund to department to carry
out provisions of Act.
  Appropriates, for biennium beginning July 1, 2011, moneys to
department for deposit in fund.
  Limits biennial expenditures from fees, moneys or other
revenues, including Miscellaneous Receipts, but excluding lottery
funds and federal funds, deposited in fund. + }

                        A BILL FOR AN ACT
Relating to regionalized land use planning; appropriating money;
  and limiting expenditures.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2012 Act are added to
and made a part of ORS chapter 195. + }
  SECTION 2.  { + (1) Jackson, Josephine or Douglas County may
enter into an intergovernmental agreement under ORS 190.030 to
190.130.  At least two of the counties must be parties to the
intergovernmental agreement. The parties to the intergovernmental
agreement jointly may:
  (a) Petition the Land Conservation and Development Commission
to establish, by rule, definitions of the terms 'agricultural
land' and 'forestland' for purposes of land use planning in the
counties; and
  (b) Apply to the Department of Land Conservation and
Development for grant funds necessary to fund actions taken under
section 3 of this 2012 Act.
  (2) A petition filed with the commission pursuant to this
section must:
  (a) Provide information that allows the commission to address
the considerations in section 3 of this 2012 Act and other
information the petitioners deem necessary for the commission to
consider; and
  (b) Meet, or incorporate an attached petition that meets, the
requirements of ORS 183.390 for requesting promulgation,
amendment or repeal of a rule.
  (3) Upon receipt of an application for grant funds under this
section, the department may grant up to $350,000 to the counties
that are parties to the intergovernmental agreement.
  (4) The act of entering into an intergovernmental agreement
pursuant to subsection (1) of this section and actions taken by
the counties to submit the petition described in this section are
not land use decisions. + }
  SECTION 3.  { + (1) If the Land Conservation and Development
Commission finds that the petition submitted under section 2 of
this 2012 Act is sufficient to initiate rulemaking proceedings in
accordance with ORS 183.335:
  (a) The commission shall accept the petition and initiate
rulemaking proceedings to consider adoption of a regional
definition of 'agricultural land' and 'forestland'; and
  (b) The Department of Land Conservation and Development, after
coordinating with the State Department of Agriculture, the State
Forestry Department, the Water Resources Department, the State
Department of Fish and Wildlife, the Department of Transportation
and the cities and counties in the proposed region, shall
evaluate the petition pursuant to this section.
  (2) The commission shall base its decision on the proposed
regional definitions on:
  (a) The characteristics of the land in the proposed region;
  (b) Commercial farming and forest practices in the proposed
region;
  (c) The legislative policies described in ORS 215.243, 215.700
and 527.630; and
  (d) Consideration of:
  (A) The capability and suitability of the soils in the proposed
region for farming or forestry;
  (B) The long-term viability of farm and forest operations in
the region;
  (C) The availability of water to sustain current and
anticipated land uses in the proposed region;
  (D) The land use patterns of commercial farming and forestry in
the proposed region and in nearby lands, including the
parcelization, tenure and ownership patterns of resource land and
the location of resource land in relation to land employed for
nonfarm and nonforest uses; and
  (E) The sufficiency and stability of the farm and forest
infrastructure in the proposed region.
  (3) The commission shall base its decision on the area to which
the regional definitions apply on:
  (a) The need to address similar or related lands as one region;
and
  (b) The need to address similar or related farming practices
and products or forest practices and products in the region in a
consistent manner.
  (4) In preparing rules authorized by this section, the
commission:
  (a) Shall hold at least one public hearing in each county of
which all or a portion would be included in the designated
region.
  (b) Is not bound by the requirements of ORS 197.235 (1)(a),
which apply to preparation of goals and guidelines.
  (5) If the commission adopts rules establishing regional
definitions of 'agricultural land' and 'forestland' under this
section, a county, all or a portion of which is in the designated
region, may elect to:
  (a) Review and amend its comprehensive plan map designations
and zoning map designations for land in the designated region
that is planned for farm use, forest use or mixed farm and forest
use; and
  (b) Redesignate as nonresource land the land that does not
satisfy the definition of 'agricultural land' or 'forestland.  '
  (6) A county that elects under subsection (5) of this section
to review and amend its comprehensive plan map designations and
zoning map designations:
  (a) Shall prepare the comprehensive plan map designations and
zoning map designations using the procedures in ORS 215.788 (2).
  (b) Shall provide an opportunity for review of all land within
the portion of the region subject to the rule that is planned for
farm use, forest use or mixed farm and forest use.
  (c) Shall plan and zone land reviewed under this subsection:
  (A) For farm use if the land meets the regional definition of '
agricultural land';
  (B) For forest use if the land meets the regional definition of
'forestland';
  (C) For farm use, forest use or mixed farm and forest use if
the land meets both definitions; and
  (D) For rural nonresource use if the land does not meet either
definition.
  (d) May consider the current land use pattern on nearby lands
in determining whether land meets the definition of 'agricultural
land' or 'forestland.  '
  (e) Shall plan and zone land for rural nonresource use in
compliance with the requirements of ORS 215.791 and
administrative rules implementing ORS 215.791.
  (f) Shall submit the adopted comprehensive plan map and zoning
map designations to the Department of Land Conservation and
Development under ORS 215.794. + }
  SECTION 4.  { + Not later than the date of the convening of the
2015 regular session of the Legislative Assembly as specified in
ORS 171.010, the Department of Land Conservation and Development
shall report to the Legislative Assembly on the status and
results of actions taken by the counties and the department under
sections 2 and 3 of this 2012 Act. + }
  SECTION 5.  { + The Regional Resource Land Program Fund is
established in the State Treasury separate and distinct from the
General Fund. The Regional Resource Land Program Fund consists of
moneys appropriated for deposit into the fund. Moneys in the fund
are continuously appropriated to the Department of Land
Conservation and Development to carry out the provisions of
sections 2 to 4 of this 2012 Act. + }
  SECTION 6.  { + (1) In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of Land
Conservation and Development, for the biennium beginning July 1,
2011, out of the General Fund, the amount of $600,000 for deposit

in the Regional Resource Land Program Fund established in section
5 of this 2012 Act.
  (2) On June 30, 2013, the State Treasurer shall deposit the
appropriated moneys into the fund. The appropriation is available
continuously until expended as follows:
  (a) The department shall grant $350,000 to those of the
counties that enter into an intergovernmental agreement under
section 1 of this 2012 Act and submit a petition to the Land
Conservation and Development Commission under section 2 of this
2012 Act, for the purpose of defraying all or part of the costs
to the counties to take action under sections 2 and 3 of this
2012 Act; and
  (b) The Department of Land Conservation and Development may use
up to $250,000 to defray costs of the department, the State
Department of Agriculture, the State Forestry Department and the
Water Resources Department to carry out the requirements of
sections 3 and 4 of this 2012 Act. + }
  SECTION 7.  { + Notwithstanding any other law limiting
expenditures, the amount of $1 is established for the biennium
beginning July 1, 2011, as the maximum limit for payment of
expenses from fees, moneys or other revenues, including
Miscellaneous Receipts, but excluding lottery funds and federal
funds, deposited into the Regional Resource Land Program Fund
established in section 5 of this 2012 Act. + }
  SECTION 8.  { + Section 3 of this 2012 Act becomes operative on
July 1, 2013. + }
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