Bill Text: OR SB322 | 2011 | Regular Session | Enrolled
Bill Title: Relating to multiple-unit housing; and prescribing an effective date.
Spectrum: Unknown
Status: (Passed) 2011-06-07 - Effective date, September 29, 2011. [SB322 Detail]
Download: Oregon-2011-SB322-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 322
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Finance and Revenue)
CHAPTER ................
AN ACT
Relating to multiple-unit housing; creating new provisions;
amending ORS 307.603, 307.612, 307.618 and 307.637; and
prescribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 307.603 is amended to read:
307.603. As used in ORS 307.600 to 307.637:
(1) 'Establish' means, unless the context requires otherwise,
making existing multiple-unit housing subject to a low income
housing assistance contract.
(2) 'Lender' means any person who makes a loan, secured by a
recorded mortgage or trust deed, to finance the acquisition,
construction, addition or conversion of multiple-unit housing.
(3) 'Light rail station area' means an area defined in regional
or local transportation plans to be within a one-half mile radius
of an existing or planned light rail station.
(4) 'Low income housing assistance contract' means an agreement
between a public agency and a property owner that results in the
production, rehabilitation, establishment or preservation of
housing affordable to those with a defined level of household
income.
(5) 'Multiple-unit housing' means:
(a) Housing that is or becomes subject to a low income housing
assistance contract with an agency or subdivision of this state
or the United States; or
(b) Newly constructed structures, stories or other additions to
existing structures and structures converted in whole or in part
from other use to { - dwelling units - } { + housing + } that
meet the following criteria:
(A) The structure must have a minimum number of dwelling units
as specified by the city or county pursuant to ORS 307.606 (4).
(B) The structure must not be designed or used as transient
accommodations, including but not limited to hotels and motels.
(C) The structure must have those design elements benefiting
the general public { + , including any commercial use of a
portion of the structure, + } as specified by the city or county
pursuant to ORS 307.618.
(D) If in a light rail station area or transit oriented area,
the structure must:
Enrolled Senate Bill 322 (SB 322-A) Page 1
(i) Be physically or functionally related to a light rail line
or mass transportation system; and
(ii) Enhance the effectiveness of a light rail line or mass
transportation system.
(6) 'Transit oriented area' means an area defined in regional
or local transportation plans to be within one-quarter mile of a
fixed route transit service.
SECTION 2. ORS 307.612 is amended to read:
307.612. (1) { - Except as provided under subsection (2) of
this section, - } Multiple-unit housing that qualifies for
exemption under ORS 307.600 to 307.637 { - shall - }
{ + may + } be exempt from ad valorem taxation for no more than
10 successive years. The first year of exemption { - shall
be - } { + is + } the assessment year beginning January 1
immediately following the calendar year in which construction,
addition or conversion is completed, determined by that stage in
the construction process when, pursuant to ORS 307.330, the
improvement would have gone on the tax rolls in the absence of
the exemption provided for in ORS 307.600 to 307.637 or, in the
case of multiple-unit housing that is or becomes subject to a low
income housing assistance contract, the application is approved.
{ - However: - }
{ - (a) - } { + (2)(a) + } The exemption { - shall - }
{ + may + } not include the land or any improvements not a part
of the multiple-unit housing { - , - } { + .
(b) + } { - but - } { + The exemption + } may include { + :
(A) + } Parking constructed as part of the multiple-unit
housing construction, addition or conversion { + ; and
(B) Commercial property to the extent that the commercial
property is a required design or public benefit element of a
multiple-unit housing construction, addition or conversion
approved by an authorizing city or county + }.
{ - (b) - } { + (c) + } In the case of a structure to which
stories or other improvements are added or a structure that is
converted in whole or in part from other use to dwelling units,
only the increase in value attributable to the addition or
conversion
{ - shall - } { + may + } be exempt from taxation.
{ - (2) - } { + (3) Notwithstanding subsection (1) of this
section, + } if the multiple-unit housing is or becomes subject
to a low income housing assistance contract with an agency or
subdivision of this state or the United States, the city or
county may extend the exemption provided by ORS 307.600 to
307.637 through June 30 of the tax year during which the
termination date of the contract falls.
{ - (3)(a) - } { + (4)(a) + } The exemption provided by ORS
307.600 to 307.637 { - shall be - } { + is + } in addition to
any other exemption provided by law. However, nothing in ORS
307.600 to 307.637 { - shall - } { + may + } be construed to
exempt any property beyond 100 percent of its real market value.
(b) If property is located within a core area and within a
light rail station area or a transit oriented area, or both, and
application for exemption under more than one program is made,
only the exemption for which application is first made and
approved { - shall - } { + may + } be granted. If property is
granted exemption under ORS 307.600 to 307.637 pursuant to an
ordinance or resolution adopted by a city, the property
{ - shall - } { + may + } not be granted exemption pursuant to
an ordinance or resolution adopted by a county. If property is
granted exemption under ORS 307.600 to 307.637 pursuant to an
Enrolled Senate Bill 322 (SB 322-A) Page 2
ordinance or resolution adopted by a county, the property
{ - shall - } { + may + } not be granted exemption pursuant to
an ordinance or resolution adopted by a city. Property
{ - shall - } { + may + } be granted exemption under ORS
307.600 to 307.637 only once.
SECTION 3. ORS 307.618 is amended to read:
307.618. The city or county may approve an application filed
under ORS 307.615 if the city or county finds that:
(1) In the case of the construction, addition or conversion of
multiple-unit housing:
(a) The owner has agreed to include in the construction,
addition or conversion as a part of the multiple-unit housing one
or more design { + or public benefit + } elements
{ - benefiting the general public - } as specified by the city
or the county, including but not limited to { + commercial uses
of a portion of the multiple-unit housing structure, + } open
spaces, parks and recreational facilities, common meeting rooms,
child care facilities, transit amenities and transit or
pedestrian design elements.
(b) The proposed construction, addition or conversion project
is or will be, at the time of completion, in conformance with all
local plans and planning regulations, including special or
district-wide plans developed and adopted pursuant to ORS
chapters 195, 196, 197, 215 and 227, that are applicable at the
time the application is approved.
(2) In the case of housing that is or becomes subject to a low
income housing assistance contract with an agency or subdivision
of this state or the United States, it is important to the
community to preserve or establish the housing as low income
housing and it is probable that the housing would not be
produced, be established or remain as low income housing without
the exemption being granted.
(3) The owner has complied with all standards and guidelines
adopted by cities or counties pursuant to ORS 307.606 (4).
SECTION 4. ORS 307.637 is amended to read:
307.637. An exemption for multiple-unit housing may not be
granted under ORS 307.600 to 307.637 unless:
(1) In the case of multiple-unit housing described in ORS
307.603 (5)(a), the application for exemption is made to the city
or county on or before January 1, { - 2012 - } { + 2022 + }.
(2) In the case of multiple-unit housing described in ORS
307.603 (5)(b), the construction, addition or conversion is
completed on or before January 1, { - 2012 - } { + 2022 + }.
SECTION 5. { + + } { + The amendments to ORS 307.603,
307.612 and 307.618 by sections 1 to 3 of this 2011 Act apply to
applications for exemption filed on or after the effective date
of this 2011 Act. + }
SECTION 6. { + This 2011 Act takes effect on the 91st day
after the date on which the 2011 session of the Seventy-sixth
Legislative Assembly adjourns sine die. + }
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Enrolled Senate Bill 322 (SB 322-A) Page 3
Passed by Senate April 4, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 25, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 322 (SB 322-A) Page 4
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 322 (SB 322-A) Page 5
