Bill Text: OR SB775 | 2013 | Regular Session | Introduced

Oregon Senate Bill 775 (Prior Session Legislation)

Bill Title: Relating to regional input for statewide land use planning goals; declaring an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB775 Detail]

Download: Oregon-2013-SB775-Introduced.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3606

                         Senate Bill 775

Sponsored by Senator KNOPP

                             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.

  Directs Land Conservation and Development Commission to divide
state into regions by rule and solicit, at least once each
biennium, suggestions for changes to statewide land use planning
goals from elected officials in each region.
  Declares emergency, effective July 1, 2013.

                        A BILL FOR AN ACT
Relating to regional input for statewide land use planning goals;
  amending ORS 197.040; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 197.040 is amended to read:
  197.040. (1) The Land Conservation and Development Commission
shall:
  (a) Direct the performance by the Director of the Department of
Land Conservation and Development and the director's staff of
their functions under ORS chapters 195, 196 and 197.
  (b) In accordance with the provisions of ORS chapter 183, adopt
rules that it considers necessary to carry out ORS chapters 195,
196 and 197. Except as provided in subsection (3) of this
section, in designing its administrative requirements, the
commission shall:
  (A) Allow for the diverse administrative and planning
capabilities of local governments;
  (B) Consider the variation in conditions and needs in different
regions of the state and encourage regional approaches to
resolving land use problems;
  (C) Assess what economic and property interests will be, or are
likely to be, affected by the proposed rule;
  (D) Assess the likely degree of economic impact on identified
property and economic interests; and
  (E) Assess whether alternative actions are available that would
achieve the underlying lawful governmental objective and would
have a lesser economic impact.
  (c)(A) Adopt by rule in accordance with ORS chapter 183 or by
goal under ORS chapters 195, 196 and 197 any statewide land use
policies that it considers necessary to carry out ORS chapters
195, 196 and 197.
  (B) Adopt by rule in accordance with ORS chapter 183 any
procedures necessary to carry out ORS 215.402 (4)(b) and 227.160
(2)(b).

  (C) Review decisions of the Land Use Board of Appeals and land
use decisions of the Court of Appeals and the Supreme Court
within 120 days of the date the decisions are issued to determine
if goal or rule amendments are necessary.
  (d) Cooperate with the appropriate agencies of the United
States, this state and its political subdivisions, any other
state, any interstate agency, any person or groups of persons
with respect to land conservation and development.
  (e) Appoint advisory committees to aid it in carrying out ORS
chapters 195, 196 and 197 and provide technical and other
assistance, as it considers necessary, to each such committee.
  (2) Pursuant to ORS chapters 195, 196 and 197, the commission
shall:
  (a) Adopt, amend and revise goals consistent with regional,
county and city concerns { + , utilizing the procedure described
in subsection (4) of this section to solicit suggested changes in
policy from regional and local officials + };
  (b) Prepare, collect, provide or cause to be prepared,
collected or provided land use inventories;
  (c) Prepare statewide planning guidelines;
  (d) Review comprehensive plans for compliance with goals;
  (e) Coordinate planning efforts of state agencies to assure
compliance with goals and compatibility with city and county
comprehensive plans;
  (f) Insure widespread citizen involvement and input in all
phases of the process;
  (g) Review and recommend to the Legislative Assembly the
designation of areas of critical state concern;
  (h) Report periodically to the Legislative Assembly and to the
committee;
  (i) Review the land use planning responsibilities and
authorities given to the state, regions, counties and cities,
review the resources available to each level of government and
make recommendations to the Legislative Assembly to improve the
administration of the statewide land use program; and
  (j) Perform other duties required by law.
  (3) The requirements of subsection (1)(b) of this section shall
not be interpreted as requiring an assessment for each lot or
parcel that could be affected by the proposed rule.
   { +  (4) The commission shall:
  (a) Divide the State of Oregon into land use regions, by rule;
and
  (b) At least once in each biennium, solicit suggestions from
elected officials, or their designees, in each land use region
for changes to the statewide land use planning goals. + }
  SECTION 2.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect July 1,
2013. + }
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