Bill Text: OR SB845 | 2013 | Regular Session | Introduced
Bill Title: Relating to economic development; declaring an emergency.
Spectrum: Bipartisan Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB845 Detail]
Download: Oregon-2013-SB845-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 3132 Senate Bill 845 Sponsored by Senators STARR, BEYER, Representative READ 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. Authorizes Governor and Director of the Department of Land Conservation and Development to exempt certain land use decisions from appeal by contract with member of traded sector industry that agrees to acquire and develop large-site industrial use employing at least 500 full-time employees. Declares emergency, effective on passage. A BILL FOR AN ACT Relating to economic development; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. { + Section 2 of this 2013 Act is added to and made a part of ORS chapter 195. + } SECTION 2. { + (1) The Legislative Assembly finds and declares that: (a) The State of Oregon has a compelling interest in promoting and stimulating economic development for the welfare of its residents by providing for predictability and certainty in the use and development of land within a metropolitan service district that: (A) Is designated as an urban reserve by the metropolitan service district; (B) Is included within the urban growth boundary of the metropolitan service district; and (C) Is planned and zoned, under provisions of the acknowledged comprehensive plan, and land use regulations implementing the plan, for use as a large-site industrial development. (b) An urban reserve designated by the metropolitan service district pursuant to the policy expressed in ORS 195.137 to 195.145 is: (A) Established based on an agreement between a county and the metropolitan service district to designate rural reserves and urban reserves in a manner that balances the long-term needs of urban industries and rural, resource-based industries within the county and metropolitan service district; and (B) Acknowledged by the Land Conservation and Development Commission to be in compliance with statewide land use planning goals, including a goal of ensuring citizen involvement. (c) Urban reserves included within the urban growth boundary of a metropolitan service district and planned and zoned as regionally significant industrial areas have been acknowledged by the commission to be in compliance with the statewide land use planning goals, including a goal of ensuring citizen involvement. (d) Urban reserves described in paragraph (c) of this subsection and other land included within the urban growth boundary that are planned and zoned for large-site industrial development pursuant to an acknowledged comprehensive plan, and land use regulations implementing the plan, are acknowledged by the commission to be in compliance with the statewide land use planning goals, including a goal of ensuring citizen involvement. (e) Consistent with the principles of participatory due process that underlie the goal of ensuring citizen involvement, the extensive processes and opportunities for citizen input and involvement required by the goal have given interested individuals and organizations within the metropolitan service district several opportunities to comment and give input on: (A) The designation of urban reserves; (B) The inclusion of urban reserves within the urban growth boundary of a metropolitan service district; and (C) The planning and zoning of land for large-site industrial development pursuant to acknowledged comprehensive plans, and land use regulations implementing the plans. (f) When acquisition of land described in paragraph (d) of this subsection by a member of an industry active in a traded sector, as defined in ORS 285A.010, will create a significant number of full-time jobs in this state and the member requires certainty in the industrial use for which the land is planned and zoned, the State of Oregon has a compelling economic interest in providing certainty by contract to enable the completion of the site acquisition and development by authorizing the Governor and the Director of the Department of Land Conservation and Development to execute an agreement with the member of the traded sector industry that: (A) Protects from any appeal until on or after December 15, 2015, the land use decisions by which the land has come to be planned and zoned for large-site industrial development, including the designation of the land as an urban reserve and the inclusion of the land within the urban growth boundary, upon acquisition of the land by the member; (B) Protects permanently from any appeal the land use decisions by which the land has come to be planned and zoned for large-site industrial development, including the designation of the land as an urban reserve and the inclusion of the land within the urban growth boundary, upon commencement of the construction of facilities on the land that leads to employment of at least 500 full-time employees on the land; and (C) Tolls the operation of any appeals filed to the land use decisions by which the land has come to be planned and zoned for the development. (g) The State of Oregon has a compelling economic interest in contractually ensuring, as provided in this section, that the member of a traded sector industry that acquires land planned and zoned for large-site industrial development is protected from any appeal to the land use decisions by which the land has come to be planned and zoned for the development. (h) The purposes of this section are: (A) To promote and stimulate economic development and to create a significant number of traded sector jobs on land that is designated an urban reserve, is included within the urban growth boundary and is planned and zoned for large-site industrial development. (B) To authorize the Governor and the director to enter into agreements on behalf of the State of Oregon that protect from any appeal the land use decisions by which the land has come to be planned and zoned for large-site industrial development, including the designation of the land as an urban reserve and the inclusion of the land within the urban growth boundary. (2) The Governor and the director may execute an agreement with a member of a traded sector industry to protect from any appeal the approved use as described in this section when, on or after the effective date of this 2013 Act, the member acquires control of land within a metropolitan service district that: (a) Is designated as an urban reserve; (b) Is included within an urban growth boundary; and (c) Is planned and zoned for large-site industrial development pursuant to an acknowledged comprehensive plan, and land use regulations implementing the plan. (3) Upon acquisition of a site by a member of a traded sector industry, an agreement may provide protection from any appeal until on or after December 15, 2015, to the land use decisions by which the land has come to be planned and zoned for large-site industrial development, including the designation of the land as an urban reserve and the inclusion of the land within the urban growth boundary. (4) After the agreement is entered into, if the member has commenced construction of facilities for the large-site industrial development that is projected to employ at least 500 full-time employees on the land, the agreement may protect the approved use as described in this section permanently from any appeal of the land use decisions by which the land has come to be planned and zoned for large-site industrial development, including the designation of the land as an urban reserve and the inclusion of the land within the urban growth boundary. (5) The protection from any appeal provided by an agreement executed pursuant to this section may not be abridged, impaired, limited or modified by a subsequent law if the member of a traded sector industry has performed its obligations under this section and the agreement. (6) A person that files an appeal to a land use decision by which a site has come to be planned and zoned for large-site industrial development may bring an action for breach of the agreement by the member of a traded sector industry for the purposes of eliminating the protection from any appeal by resuming the appeal of the land use decisions. The action: (a) Must be brought against the State of Oregon and the member; and (b) Must seek as sole and exclusive remedy the extinguishment of the protection from any appeal granted by this section and the opportunity to resume an appeal tolled by operation of an agreement executed pursuant to this section. (7) The commission may adopt rules to implement this section. + } SECTION 3. { + (1) Sections 1 and 2 of this 2013 Act become operative on the date the Oregon Court of Appeals issues a decision, as defined in ORS 19.450, in the Barkers Five LLC, et al. v. LCDC, et al. (Appellate Case No. A152351). (2) Upon receipt of the decision of the Oregon Court of Appeals described in subsection (1) of this section, the Department of Land Conservation and Development shall inform the Legislative Counsel of the date of the decision and submit a copy of the decision to the Legislative Counsel. + } SECTION 4. { + 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 on its passage. + } ----------