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. + }
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