2018-7-Minutes for Meeting October 30,2017 Recorded 1/4/2018Recorded in Deschutes County CJ2018-7
Nancy Blankenship, County Clerk
Commissioners' Journal 01/04/2018 11:40:32 AM
2018-7
Deschutes County Board of Commissioners
1300 NW Wall St., Bend, OR 97703-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF WORK SESSION
DESCHUTES COUNTY BOARD OF COMMISSIONERS
Allen Conference Room
Monday, October 30, 2017
Present were Commissioners Tammy Baney, Anthony DeBone and Phil Henderson. Also present
were Tom Anderson, County Administrator, Erik Kropp, Deputy County Administrator; David
Doyle, County Counsel; Christopher Ogren, Administrative Intern; and Sharon Ross, Board
Executive Secretary. One representatives of the media was in attendance.
CALL TO ORDER: Chair Baney opened the meeting at 1:30 p.m.
ACTION ITEMS
1. Arts & Education Prosperity Study:
Kelly Cannon -Miller, Vice Chair of Arts and Culture Alliance presented this item. The
Arts & Culture Alliance was formed in 2010. Recently they completed the Arts and
Economic Prosperity Study. She explained the networking in the community and
the goal was to find their economic input. The Oregon Arts Commission presented
the opportunity of the study and offered to pay 50% of the survey. There were 341
study regions and this was the first time Central Oregon took part in the study.
Data showed national results along with similar areas compared to our population.
Findings show 71.4% of non-residents indicated their purpose for visit to our area
was attendance for arts and culture events. A survey was done at the Sister's Quilt
Show, Sunriver Music Festival, Historical Society, High Desert Museum, and Tower
Theater. Of those surveyed, 63% were local and 37% were non -local. Data reviewed
Minutes of Board of Commissioners' Work Session October 30, 2017 Page 1 of 5
on money spent in the community. Ms. Cannon -Miller reviewed the business plan
of the Arts and Culture Alliance.
Commission Baney noted the challenges of the arts and culture voice in the
community and expressed her gratitude for the work done. Ms. Cannon -Miller
thanked the Board for the opportunity to present on occasion and for future help
with funding. Commissioner Baney suggested contacting Judith Ure, Management
Analyst for available grant opportunities.
2. Supplemental Budget Request, Adult Jail:
Sheriff Shane Nelson presented the item for consideration of support of a resolution
to add three deputy sheriffs to the corrections division.
Review of the staffing model assignments and teams in the jail. There are four
teams assigned to corrections and four teams assigned to jail. There are 54 deputies
assigned to the jail. The total FTE for corrections is 68 including court security.
These three additional positions are just for the jail to bring teams up to staffing
model to allow for less use of overtime. Question raised on the crisis stabilization
center and if that could alleviate any of the current staffing needs but Sheriff Nelson
explained there is a certain number of staff required for the jail at all times.
Discussion held on partnerships to best serve the community. Sheriff Nelson stated
providing care in a corrections facility is different than in a clinic. This would take
care of long terms needs in the jail based on number of beds.
Discussion held on the budget and Finance Director Lowry said there will need to be
an adjustment in the rate in the next year or two. Commissioner DeBone is
supportive of the three FTEs. Commissioner Baney noted appreciated in them
coming back to clarify the numbers. Commissioner Henderson noted support of the
three positions. Commissioner Baney inquired on the status of having a campus
security person here downtown explaining some of the recent challenges here at
Deschutes Services Building. Sheriff Nelson replied the department has not been
able to free a patrol troop yet but there are patrol cars driving through the parking
lot. Commissioner Baney explained it is increasing needed even if someone on light
duty is here for presence it is important and we need to figure out how to do this.
A resolution was presented for consideration of the three requested positions.
DEBONE: Move approval pending legal review
HENDERSON Second
Minutes of Board of Commissioners' Work Session October 30, 2017 Page 2 of 5
VOTE: DEBONE: Yes
HENDERSON: Yes
BAN EY: Chair votes yes. Motion Carried
3. Arts and Culture Grants:
Judith Ure, Management Analyst will bring this item to the Wednesday agenda.
4. Legislative Session
Judith Ure, Management Analyst presented this item to review the 2017 legislative
session to discuss what worked and what did not. Paul Philips of PAC West, lobbyist
group will be at the Work Session of November 8 regarding their end of session
report for 2017. Ms. Ure solicited comments from department directors on any
issues from last session and any concerns they foresee with the upcoming 2018
legislative session.
Issues suggested for discussion included: a change to the ORS which governs the
County Board of Property Tax Appeal, reintroduction of a bill to address multiple lot
line adjustment issues, amendments to provisions of accessory dwelling units on
rural lands, a bill to designate dry Exclusive Farm Use lands as non -resource lands,
and any bill that my change and restrict or limit Deschutes County marijuana and/or
time -place -manner regulations. Ms. Ure will present these items to PAC West.
The annual agreement with PAC West is $36,000 for a three-year contract with a 30 -
day separation. During the session, there were challenges of receiving issues in a
timely manner —we didn't' get important and relative information for the County
and found ourselves in a reactive mode most of the time.
RECESS: At the time of 2:59 p.m., the Board took short recess and reconvened at 3:05 p.m.
5. AFSCME & Non -Represented Classification and Compensation Study Update
Kathleen Hinman and Teri Lorenz of Human Resources presented the update. The
study was contracted by Segal Waters. Salary ranges should be reviewed annually.
Minutes of Board of Commissioners' Work Session October 30, 2017 Page 3 of 5
Study was started in 2016 and we had just over 800 employees included within it.
The primary goal is to review compensation and classification. The plan is to
evaluate as the collective bargaining units are up for renewal.
Asking the Board for discussions and considerations on compensation philosophy,
grade structure, where to anchor pay, placement onto grade structure, and effective
date of implementation.
Compensation philosophy is a formal statement and the revised statement was
reviewed. After review, the Board made suggestions for the steering committee to
revise the language.
Proposed grade structure - the recommendation from the steering committee is to
re-align/combine non -represented and AFSCME grade structures, 29 grades, and 7
steps. With the seven steps there is a 5% spread between steps. Ms. Hinman
spoke on entry-level positions and knowledge acquired on jobs and as an employee
moves through the steps their skill level is higher and point factoring system used
seemed most appropriate. The steering team recommendation was to lead the
market. Discussion held on the market and the county lay-offs during recession.
Commissioner Henderson commented generally that the public sector has better
pay and benefits than the private sector. Hinman explained that the nature of the
work in the private sector is different and the public sector has a responsibility of
attracting and retaining top talent to provide service to the community.
The recommendation of two options of employee placement: closest step, with no
loss of pay; this recognizes a resetting of our framework. The other is current step,
with no loss of pay recognizes current employees experience and accomplishments.
Application to employee's closest step with no loss of pay or current step with no
loss of pay would two approaches: be to all employees (recommendation by 8
steering team members) and multi -faceted (recommendation by 1 steering team
member). Best practices current step with no loss of pay maintains our current
budget but the cost associated is not necessarily in the county's best interest. Ms.
Hinman reviewed the cost analysis for each option. The steering committee
recommends to lead the market average at 5%. The one time implementation cost
and impact was reviewed. For the last 12, years we have been operating at 75% of
the market structure. Steering committee recommendation was to do the most cost
effective way. Commissioner Baney would recommend remaining on 75%. Ms.
Hinman advocates for the changes to be implemented January 15t. Commissioner
DeBone requests further review of the information.
6. Discussion on Budget Committee Applications and Interview Process:
Minutes of Board of Commissioners' Work Session October 30, 2017 Page 4 of 5
This item will be moved to the Work Session agenda on Wednesday.
RECESS: At the time of 4:48 p.m., the Board took a recess and reconvened at 4:56 p.m.
OTHER ITEMS:
Commissioner Henderson commented on our agendas and the need to have the least amount
of people waiting for us and having all of these people sitting here does not make sense.
Commissioner Baney noted she does take that into consideration when chairing the meetings.
EXECUTIVE SESSION:
At the time of 5:03 p.m., the Board went into Executive Session under ORS 192.660 (2) (e) Real
Property Negotiations. The Board came out of Executive Session at 5:32 p.m.
ADJOURN: Being no further discussion, the meeting adjourned at 5:32 p.m.
DATED this Day of
Board of Commissioners.
ATTEST:
ecor in` Secretary
2017 for the Deschutes County
Tamrhy Baney,
LA2 __,
Anthony DeBone, Vice Chair
Philip G. H i derson, Commissioner
Minutes of Board of Commissioners' Work Session October 30, 2017 Page 5 of 5
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
WORK SESSION AGENDA
DESCHUTES COUNTY BOARD OF COMMISSIONERS
1:30 PM, MONDAY, OCTOBER 30, 2017
Allen Conference Room - Deschutes Services Building, 2ND Floor — 1300 NW Wall Street — Bend
Pursuant to ORS 192.640, this agenda includes a list of the principal subjects anticipated to be addressed at the
meeting. This notice does not limit the ability of the Board to address additional subjects. Meetings are subject to
cancellation without notice. This meeting is open to the public and interested citizens are invited to attend.
Work Sessions allow the Board to discuss items in a less formal setting. Citizen comment is not allowed,
although it may be permitted at the Board's discretion. If allowed, citizen comments regarding matters that are or
have been the subject of a public hearing process will NOT be included in the official record of that hearing. Work
Sessions are not normally video or audio recorded, but written minutes are taken for the record.
CALL TO ORDER
ACTION ITEMS
1. Arts & Education Prosperity Study - Kelly Cannon -Miller, Arts & Culture Alliance
2. Arts & Culture Grant - Judith Ure, Management Analyst
3. Legislative Issues - Judith Ure, Management Analyst
4. Supplemental Budget Request, Adult Jail - L. Nelson, Sheriff
5. AFSCME & Non -Represented Classification and Compensation Study Update -
Kathleen Hinman, Human Resources Director
6. Discussion on Budget Committee Applications and Interview Process - Tom Anderson,
County Administrator
EXECUTIVE SESSION
Executive Session under ORS 192.660 (2) (e) Real Property Negotiations
Board of Commissioners Work Session Agenda Monday, October 30, 2017 Page 1 of 2
At any time during the meeting, an executive session could be called to address issues relating to ORS
192.660(2)(e), real property negotiations; ORS 192.660(2)(h), litigation; ORS 192.660(2)(d), labor
negotiations; ORS 192.660(2)(b), personnel issues; or other executive session categories.
Executive sessions are closed to the public, however, with few exceptions and under specific
guidelines, are open to the media.
OTHER ITEMS
These can be any items not included on the agenda that the Commissioners wish to discuss as part of
the meeting, pursuant to ORS 192.640.
F-11 1310111 N I'll
Deschutes County encourages persons with disabilities to participate in all programs and
activities. To request this information in an alternate format please call (541) 617-4747.
FUTURE MEETINGS:
Additional meeting dates available at www.deschutes.oM/meetingcalendar
(Please note: Meeting dates and times are subject to change. All meetings take place in the Board of
Commissioners' meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions
regarding a meeting, please call 388-6572.)
Board of Commissioners Work Session Agenda Monday, October 30, 2017 Page 2 of 2
VI
°
m
0
uj
re
z
0
u
u
co 0
fo-
z
w
M
LU
O
LU
u
ui
z
F2
CL
ui
CA
<
LLJ
LLI
z
The Economic Impact of Nonprofit Arts and
Cultural Organizations and Their Audiences in
the Central Oregon Region (Fiscal Year 2015)
Total Industry Expenditures
$9,958,558
+
$24,706,823 $34,665,381
Economic Impact of Spending by Arts and Cultural Organizations and Their Audiences
ArtsUconomic
q
n
ProsperityJ"'
Total Economic Impact of Expenditures
www�wwww��mm�ennnesu
Audiences
A Project of Americans for the Arts
The Economic Impact of Nonprofit Arts and
Cultural Organizations and Their Audiences in
the Central Oregon Region (Fiscal Year 2015)
Total Industry Expenditures
$9,958,558
+
$24,706,823 $34,665,381
Economic Impact of Spending by Arts and Cultural Organizations and Their Audiences
Event -Related Spending by Arts and Cultural Audiences Totaled $24.7 million excluding the cost of admission)
Total Attendance to Arts and Culture Events
276,758
Percentage of Total Attendance
63.5%
Total Economic Impact of Expenditures
www�wwww��mm�ennnesu
Audiences
$7,168,032
Full -Time Equivalent (FTE) Jobs Supported
390
578
968
Household Income Paid to Residents
$6,749,000
$11,773,000
$18,522,000
Revenue Generated to Local Government
$357,000
$1,125,000
$1,482,000
Revenue Generated to State Government
$197,000
$742,000
$939,000
Event -Related Spending by Arts and Cultural Audiences Totaled $24.7 million excluding the cost of admission)
Total Attendance to Arts and Culture Events
276,758
Percentage of Total Attendance
63.5%
Average Event -Related Spending Per Person
$25.90
Total Event -Related Expenditures
$7,168,032
159,082
36.5%
$110.25
$17,538,791
435,840
100.0%
$56.71
$24,706,823
Nonprofit Arts and Cultural Event Attendees Spend an Average of $56.71 Per Person excluding the cost of admission)
Meals and Refreshments
Souvenirs and Gifts
Ground Transportation
Overnight Lodging (one night only)
Other/Miscellaneous
Average Event -Related Spending Per Person
$19.85
$1.25
$1.22
$0.76
$2.82
$25.90
$35.75
$25.66
$25.78
$10.21
$9.95
$4.41
$30.85
$11.76
$7.92
$4.68
$110.25
$56.71
Source: Arts & Economic Prosperity 5: The Economic Impact of Nonprofit Arts and Cultural Organizations and Their Audiences in the
Central Oregon Region. For more information about this study or about other cultural initiatives in the Central Oregon Region, visit the
Arts and Culture Alliance of Central Oregon's web site at www.aitsandcultureco.org.
Copyright 2017 by Americans for the Arts (www.AmericansForTheArts.org).
About This Study
This Arts & Economic Prosperity 5 study was conducted by Americans for the Arts to document the economic impact of the nonprofit
arts and culture industry in 341 communities and regions (113 cities, 115 counties, 81 multicity or multicounty regions, 10 states, and
12 individual arts districts)—representing all 50 U.S. states and the District of Columbia. The diverse communities range in
population (1,500 to more than 4 million) and type (small rural to large urban). Project economists from the Georgia Institute of
Technology customized an input-output analysis model for each participating region to provide specific and localized data on four
measures of economic impact: full-time equivalent jobs, household income, and local and state government revenue. These localized
models allow for the uniqueness of each local economy to be reflected in the findings.
Americans for the Arts partnered with 250 local, regional, and statewide organizations that represent the 341 study regions (30
partners included multiple study regions as part of their participation). To complete this customized analysis for the Central
Oregon Region, the Arts and Culture Alliance of Central Oregon joined the study as one of the 250 partners. For the purpose of
this study, the Central Oregon Region is defined as Deschutes and Jefferson Counties (a multi -city region).
Surveys of Nonprofit Arts and Cultural ORGANIZATIONS
Each of the 250 partner organizations identified the universe of nonprofit arts and cultural organizations that are located in its
region(s) using the Urban Institute's National Taxonomy of Exempt Entity (NTEE) coding system, a definitive classification system
for nonprofit organizations recognized as tax exempt by the Internal Revenue Code. In addition, the study partners were encouraged to
include other types of eligible organizations if they play a substantial role in the cultural life of the community or if their primary
purpose is to promote participation in, appreciation for, and understanding of the visual, performing, folk, and literary and media arts.
These include government-owned or government -operated cultural facilities and institutions; municipal arts agencies and councils;
private community arts organizations; unincorporated arts groups; living collections (such as zoos, aquariums, and botanical gardens);
university presenters, programs, and facilities; and arts programs that are embedded under the umbrella of a nonarts organization or
facility (such as a hospital or church). In short, if it displays the characteristics of a nonprofit arts and cultural organization, it is
included. For-profit businesses (e.g., Broadway, motion picture theaters) and individual artists were excluded from this study.
Nationally, data was collected from a total of 14,439 organizations for this study. Response rates among all eligible organizations
located in the 341 study regions was 54.0 percent, and ranged from 9.5 percent to 100 percent. Responding organizations had budgets
ranging from $0 to $785 million (Smithsonian Institution). It is important to note that each study region's results are based solely on
the actual survey data collected. There are no estimates made to account for nonresponding organizations. Therefore, the less -than -100
percent response rates suggest an understatement of the economic impact findings in most of the individual study regions.
In the Central Oregon Region, 13 of the 48 eligible nonprofit arts and cultural organizations participated in this study—an
overall participation rate of 27.1 percent. A list of the participating organizations can be obtained from the Arts and Culture
Alliance of Central Oregon.
Surveys of Nonprofit Arts and Cultural AUDIENCES
Audience -intercept surveying, a common and accepted research method, was completed in all 341 study regions to capture
information about spending by audiences at nonprofit arts and culture events. Patrons were selected randomly and asked to complete a
short survey while attending an event. A total of 212,691 attendees completed the survey. The respondents provided itemized travel
party expenditure data on attendance -related activities such as meals, souvenirs, transportation, and lodging. Data was collected
throughout the year to guard against seasonal spikes or drop-offs in attendance, and at a broad range of events (because a night at the
opera will typically yield more spending than a Saturday children's theater production). Using total attendance data for 2015
(collected from the participating organizations), standard statistical methods were then used to derive a reliable estimate of total arts
event -related expenditures by attendees in each study region.
In the Central Oregon Region, a total of 498 valid audience -intercept surveys were collected from attendees to nonprofit arts
and cultural performances, events, and exhibitions during 2016.
Studying Economic Impact Using Input -Output Analysis
To derive the most reliable economic impact data, input-output analysis was used to measure the impact of expenditures by nonprofit
arts and cultural organizations and their audiences. This highly -regarded type of economic analysis has been the basis for two Nobel
Prizes in economics. The models are systems of mathematical equations that combine statistical methods and economic theory in an
area of study called econometrics. The analysis traces how many times a dollar is respent within the local economy before it leaves the
community, and it quantifies the economic impact of each of those rounds of spending. Project economists customized an input-output
model for each of the 341 participating study regions based on the local dollar flow among 533 finely detailed industries within its
economy. This was accomplished by using detailed data on employment, incomes, and government revenues provided by the U.S.
Department of Commerce (County Business Patterns, the Regional Economic Information System, and the Survey of State and Local
Finance), state and local tax data (e.g., sales taxes, lodging tax, property taxes, income tax, and miscellaneous local option taxes), and
the survey data collected from the responding arts and cultural organizations and their audiences.
' For the purpose of this study, residents are attendees who live within Deschutes and Jefferson Counties; nonresidents live elsewhere.
A comprehensive description of the methodology used to complete the national study is available at rvww.AtiiericatisForTheArts.org/Bcononaiclnapact.
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Work Session of October 30, 2017
DATE: October 23, 2017
FROM: L. Nelson, Sheriff's Office, 541-317-3118
TITLE OF AGENDA ITEM:
Supplemental Budget Request, Adult Jail
ATTENDANCE: Sheriff Shane Nelson
DCSO Business Manager, Beth Raguine
Finance Director/Treasurer, Wayne Lawry
SUMMARY: Revisit projected Sheriff's Office funds, consideration of three requested FTEs
that were not approved in the adopted budget and discussion of future costs of the proposed
sober center.
V,
(U
a
a)
c =
c �
U 'O
O
m
4. _
O n3
c
U v
v �
� N
0.
O 4�
r 5
c a
LL
-6 U
c
f6
LOLn
Lr) N
N
•L
C aJ
LL N
m
o
M��
r,-
00
'
0
o00
0
o
m
o
m
o
ai
o
Ln
C -i
R7
t
to
N
O
O
m
zt
LO
h
0
m
r -I
c -I
N
r�
m
O
M
N
00
N
d�
00
W Q)
L
Q
l�
-O >a
a
70
06
N
O
N
00
o0
O
r`
Ln
d'
�.o
O
O
•L
Q
a
N
m
Lo
Lo
I�t
Lo
N
m
V)
'
W
Lr
m
m-
N
N
r,
vvi V)
�t
-t
ai
ro
c -i
m
p
a)
v
_
c v
c v
- D
- 0
0
+J
lO
N
lfl
M
m
to
O
m
W)
()
'
Ian
N
Lo
Ln
-4
N
Ln
00
00
Q
m
Q
rn
��
c
rn
m
m
ti
0
E N
00
c -i
c-1
t`
N
dt
rl
M
O
C
Q
o0
N
N
00
d c6
LU 0
Q.
o
O
Q
co
CL
G
U
o
3 �
o
c
0
c
0
o
c
'0
d u
Q
(n
:3c
t
Q
(n
r+
v
u
>>1
4�
O
Q
C
co
0
a)
O
0
p
U
�,
J>
u
0
u
0
W
i
c
o
'
>
C
as
_
U)m
4)
on
C
O
t-
O�
w
a
U
o
cn
U
2
LL
O
� o
+�
m'
O
0
u
N
>
co
m
U
ca v
0
o
ca41
O�
Z
73
a,
C
CL
Uocccccr-c::
O
O
O
O
O
O
O
0CA
i
0 O
._
�
d±
d
d
d
d
d
m
U
m :3
a
z
z
° v
Z
D
t
t 0
-0
t
c-1
a -i
c•i
c-1
c -I
rl
ri
c -i
•�
O
dA U
O
�p V
0
0
0
0
0
0
0
I-
a 0
c•i
c -I
N
m
d'
Lf)
W
rn
O
0
ci
0
"
0
N
0
N
0
N
0
N
0
N
r -I
0
i
W Q
Ln
- aJ
t6
z
z
O
O
O
0
F-
Z O
O
hA U
0
LO
0
LO
0
LO
0
Ln
0
Ln
0
Ln
0
Lf)
0
Ln
v
++ L
(n
M u
W
r
ti
ti
r`
r`
ti�
i L
W
-
m
m V
W
Lmn
LMn
Lmn
LMn
LMn
LO
cr-I
M
N
N
N
N
N
N
N
r
0) m
N
N
d'
Ln
to
f,
w
in
i -i
N
mLU
CL
N
w
+1
O 4�
r 5
c a
LL
-6 U
c
f6
LOLn
Lr) N
N
•L
C aJ
LL N
a�
4
a�
c 4,
v
o an
U
N CO
+r _
4-
U =
C
N
Q
Q
N
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Work Session of October 30, 2017
DATE: October 25, 2017
FROM: Judith Ure, Administrative Services, 541-330-4627
TITLE OF AGENDA ITEM:
Legislative Issues
RECOMMENDATION & ACTION REQUESTED:
For discussion only.
ATTENDANCE: Judith Ure, Management Analyst
SUMMARY: The Board of Commissioners will have an opportunity to review the County's
2017 legislative efforts and discuss potential issues for the upcoming 2018 legislative in
advance of the November 8 work session which will be attended by representatives from
Pac/West Communications. A copy of the end -of -session report for 2017 as provided by
Pac/West and a list of potential issues for the 2018 session as identified by departments are
attached.
2017 Legislative Session: A resounding kicking of the can
State lawmakers began their annual legislative session with an ambitious agenda. The most
important task before the legislature was the arduous task of balancing a $1.8 billion structural
budget deficit driven not by insufficient revenues but by untenable commitments made by past
legislatures to public employees and rising costs to the state Medicaid program. The ascension of
President Trump and the influence resistance movement empowered leadership to pursue an
ambitious policy agenda directly competing with the national narrative of minimizing the role of
government in health care, industry regulation and taxes. To some extent, the majority party
accomplished a surprising share of their agenda, all things considered, but had no choice but to
abandon their own priorities in the pursuit of a balanced budget.
The challenging budget landscape created a political environment demanding an accord between
the states most powerful business and labor interests. The elements of a compromise were on full
display throughout the session: Democrats and their public employee allies would need to
concede real spending reform in exchange for Republican votes on new business taxes. The
writing of a deal may have been on the wall but the scars from the campaign over the largest
business tax increase in state history, Measure 97, could not possibly heal in the short amount of
time between the election and the beginning of session. Both sides launched a robust campaign
in the legislature—a coalition of public employee unions demanded "game changing new
revenues" and the broader business community propelled a competing effort calling for
significant state spending reforms—only deepening the divisive nature of budget negotiations.
In addition to the provocative revenue debate, bipartisan groups of legislators met throughout the
session to reach an agreement on a funding plan for the Medicaid program, responsible for nearly
half of the total deficit, and an infrastructure investment plan tending to the state's ailing roads,
bridges and highways. The stakes could not have been higher for both negotiations. In the
absence of a Medicaid funding plan, Oregon would have little choice but to discontinue the
expansion of the program under the Affordable Care Act. Abandoning the expanded coverage
would have left nearly 400,000 Oregonians uninsured and, more importantly, would feed into the
controversial national debate on health care reform. Besides balancing the state budget, a
constitutional requirement of the legislature, maintaining the Medicaid program was of the
utmost importance. The transportation plan, similarly, was crucial for the governor and
leadership after they allowed an earlier negotiation to collapse under intraparty disagreements.
A bright note of session was the bipartisan passage of both the Medicaid and transportation
taxes. Lawmakers agreed to a series of new and expanded taxes on hospitals, insurance
premiums and targeted spending reductions to the state Medicaid agency to cover the increased
costs of the Medicaid program. The accumulative new revenues amount to $934 million, and an
even greater share amount given the opportunities for federal matching funds. The additional
revenues from these taxes will generate an additional $2 billion. For transportation -related
investments, lawmakers approved an increase of the state gas tax, vehicle registration fees, an
excise tax on car and bicycle sales and a statewide payroll tax to fund transit services.
Altogether, the new revenues for transportation projects would account to $5.3 billion.
Although the health care funding package is one of the few accomplishments of session, the
future of the package remains unclear. A group of disgruntled Republican lawmakers have filed
a petition to refer the industry taxes to voters. The group will have until October 5 to produce the
required 59,000 signatures to place the referendum on the next general election ballot. If they are
successful in collecting the signatures, the taxes will be put on hold until the voters decide. The
delayed implementation of the Medicaid taxes would leave the program and the entire state
budget in severe dire straits. To address the budget uncertainty created by the referral,
Democratic leadership decided to move forward with a controversial decision to schedule the
referendum for a special election in January and gave itself the authority of writing the language
for the ballot measure. If proponents are successful in collecting the needed signatures and the
taxes are referred, the voters will be subject to a high-stakes and expensive off -cycle campaign.
The delicacy of budget and transportation discussions created a sensitivity among leadership
over any controversial measure with even the slightest possibility of undermining a negotiation.
In fact, many bills died simply by the threat of a measure upsetting potential Republican tax
votes. Once deals were struck on the Medicaid and transportation plans in the last weeks of
session, Democrats sprinted to the end trying to advance their ambitious policy goals, such as
requiring health insurers to cover abortion services and restricting firearms for those believed to
be an extreme risk to themselves or others, but were limited by the imminent adjournment.
The legislature should be commended for its ability to pass the Medicaid and transportation plans
during a time of great budget and political uncertainty. The same cannot be said for the spending
and revenue reform dialogue, however, as neither party seemed to accept the other's terms.
Democratic leadership, particularly in the House, repeatedly demanded for multi -billion -dollar
tax increases without any serious effort to contain the growing cost of government payroll and
pensions. Republicans and the business community espoused a willingness to accept higher taxes
but demanded they be proportional to the savings from spending reforms. True fiscal reform
proved unachievable without concessions and the can was resoundingly kicked down the road to
future sessions for another legislature to address. Meanwhile, the state's fiscal house remains in
disorder and there will continue to be significant shortfalls in future sessions.
Tensions in the building were magnified over the abysmal budget outlook. In the end, the budget
was balanced with only the Medicaid taxes and targeted spending cuts to non-essential services.
Luck played a significant role in the legislature's ability to balance the state budget without
devastating cuts to schools and health care programs. Not once but twice during the session state
economists announced positive revenue forecasts, totaling $400 million, that reduced the deficit
to a manageable amount. The legislature cannot count on record revenues year -after -year
because the economy will eventually slow and tax collections will decline. If the legislature
cannot find the political courage to address the structural deficiencies in its fiscal practices then
they will return another year facing an even graver challenge.
Transportation Investment
HB 2017 - Transportation Package
Over the next 7 years, $5.3 billion for transportation infrastructure and transit will be raised. This
package is the largest infusion of investment that Oregon has ever seen. It will modernize and
improve Oregon's transportation infrastructure by addressing five of the priorities heard most
consistently around the state: reducing congestion, increasing alternate transportation options,
investing in maintenance and preservation, improving safety of existing infrastructure and
ensuring accountability in how taxpayer dollars are spent.
• Deschutes County receives $5.5 million for local infrastructure and maintenance and $4.2
million for public transit
• $50 million will go toward improvements at the clogged intersection of Cooley Road and
Highway 97
Construction
HB 3203 — Least Cost Contracting
Session -long negotiation with advocates for reducing public contracting of road projects resulted
in a compromise between construction industry suppliers and local governments. The bill adds
definition to the cost analysis public agencies must undergo to show compliance with the "least
cost" philosophy of constructing public improvements. It keeps the two inch dividing line
between what are considered "maintenance" overlays below two inches and "public
improvement" overlays over two inches, and exempts maintenance patching and chip seals from
being considered "public improvements."
It keeps the threshold for paving at $125,000 and moves the threshold for all other "public
improvement" projects to $200,000.
HB 2162 - Apprenticeship Requirements
After years of haggling over specifics, labor leaders finally passed apprenticeship requirements
for public works contracts. The bill requires state contracting agencies to provide in public
improvement contracts exceeding $5 million that contractors, and any subcontractors of
subcontracts over $1 million or 25 percent of contract price, must employ apprentices to perform
10 percent of hours worked in apprenticeable occupations. It lowers contract price threshold to
$3 million in 2022, and increases required apprentice work hours to 12 percent. It requires the
Bureau of Labor and Industries to establish and provide staffing for advisory committee that
monitors implementation and compliance and exempts the Department of Transportation and
emergency procurements from the bill's requirements.
HB 2737 - Tiny homes
The idea of relaxing building code requirements for the construction of tiny homes got wrapped
into policy discussion around housing shortages and homelessness this session. The House
Business and Labor Committee successfully passed HB 2737 to require the Director of the
Department of Consumer and Business Services to adopt construction standards for small homes
for incorporation into the state building code. The bill defines "small home" as a dwelling of not
more than 600 square feet in size.
416 — Prevailing Wage Protections
This bill prohibits anyone, not just public agencies, from dividing public works project into more
than one contract to avoid prevailing wage rate laws. It clarifies factors Commissioner of Bureau
of Labor and Industries may consider in determining whether project should be divided and
clarifies requirement that every public works contract and subcontract must specify that every
contractor and subcontractor, unless exempt, must file bond with Construction Contractors
Board. It requires disadvantaged business enterprise, minority-owned business, woman -owned
business, business owned by a service -disabled veteran, and emerging small business to post
bond if it fails to pay workers prevailing wage rate. Additionally, the bill clarifies actions that
violate provisions prohibiting any person other than contractor or subcontractor from paying
prevailing wage rate or fringe benefits to workers performing public works contract. Lastly, it
establishes that failure to pay fringe benefits and failure to pay prevailing wage rate are separate
violations.
SB 634 — Woodv Biomass
SB 634 authorizes the use of woody biomass energy technology as an alternative to green energy
technology as part of construction, reconstruction or major renovation of a public building i£
• Woody biomass energy technology creates new energy generation capacity and the
contracting agency has considered potential costs of woody biomass technology;
• It is located in an area that is in compliance with Department of Environmental Quality
standards for emission particulate matter; or
• If it is in an area that does not comply with standards, it uses pelletized fuel or produces
same level, or lower level, of particulate matter than pelletized fuel.
It also authorizes DEQ to require additional emission control technology.
Affordable Housing
SB 1051 — Removing Local Barriers to Housing Development
After working on a slate of proposals to address affordable housing shortages, House democrats
were able to pass SB 1051 in an attempt to remove barriers to affordable housing development at
the local level, including expediting permitting for affordable housing, increasing options for
developing accessory dwelling units (ADUs), and allowing religious organizations to build
affordable housing on their property. The bill requires local jurisdictions to review and make
decisions on qualifying affordable housing permit applications within 100 days within urban
growth boundary (UGB).
HB 2002 — Affordable Housing Preservation
Property owners participating in federal housing programs are required to provide notice of an
expiring HUD contract to Oregon Housing and Community Services (OHCS) one year in
advance. The bill increases the notice of an expiring HUD contract property owners participating
in federal housing programs are required to provide to OHCS from 1 year to 2 years and permits
OHCS and local governments to require tenant relocation fees. The bill mandates that if two
years notice is not given, affordability restrictions on the property will be extended. HB 2002
provides the state or local governments with an opportunity to purchase publicly -supported
housing projects that are at risk of flipping to market rate, and protects long-term affordability
for units built with public dollars.
HB 2008 — Manufactured Housing Protections
Increases tenant relocation fees in the event of a park closure, requires park owners to notify the
state of a park sale, and allows manufactured home park co-ops to better take advantage of the
federal Rural Development Program to preserve existing parks.
SB 277 — Manufactured housing Protections
SB 277 increases notice period for landlord to terminate month-to-month or fixed term rental
agreement and require removal of a manufactured dwelling or floating home with an exterior in
disrepair or deterioration from 30 days to 60 days. The bill allows landlord to terminate rental
agreement with 30 days' written notice to the tenant if manufactured dwelling or floating home
creates a risk of serious or imminent harm and requires notice to include specific information on
the disrepair or deterioration including risk of harm. It also requires landlord to give prospective
purchaser as a tenant of manufactured dwelling or floating home copies of termination
documents outlining maintenance issues and potential liability for repairs. The bill does allow
landlords to terminate rental agreement within six months of new tenant occupation with proper
notice requirements if tenant fails to complete repairs.
HB 2066 — Land Banking
The bill establishes an Affordable Housing Land Acquisition Revolving Loan Fund to make
loans to eligible organizations to purchase land for affordable housing development and to
provide supportive services to low-income households.
2315 — Affordable Housing Tax Credit
The bill permits lender financing affordable housing occupied by tenants receiving housing
vouchers to maintain eligibility to claim the Oregon Affordable Housing Tax Credit. It applies to
tax years beginning on or after Jan. 1, 2018.
SB 310 — Vertical Housing Development Zones
SB 310 authorizes a city or county to designate vertical housing development zone within
jurisdictions and removes Oregon Housing and Community Services Department from
designation process. The measure also establishes requirements for city or county to certify
vertical housing development projects within zone.
HB 2377 — Multi -unit Rental Regulations
Authorizes city or county to adopt an ordinance or resolution granting property tax exemption for
up to ten consecutive years to newly rehabilitated or constructed qualified multi -unit rental
housing. The bill requires city or county to establish a schedule in which the number of years for
which exemption is provided increases directly with the percentage of units rented to households
with an annual income at or below 120 percent of the area median income and at monthly rates
that are affordable to such households, but limits exemption eligibility for property that has been
rehabilitated to first instance of rehabilitation. For ordinance or resolution to take effect, the rates
of taxation of the taxing districts whose governing bodies agree to grant the exemption, when
combined with the rate of taxation of the city or county, most equal 51 percent or more of the
total combined rate of taxation on the eligible rental property
EHA/SHAP Funding
Emergency Housing Assistance (EHA) and the State Homeless Assistance Program (SHAP) —
received a $20 million increase from the 2015-17 allocation for a total of $40 million.
Affordable Housing Funding
• Affordable Housing Projects — $25 million in lottery bonds was added to preservation of
affordable housing projects, which is a $20 million increase in bonding from the 2015-17
authorization.
LIFT Funding —$80 million in state -backed bonds for affordable housing development
via the Local Innovation Fast Track Program (LIFT).
Increase Oregon Affordable Housing Tax Credit —Increases the cap from $17 million to
$25 million, providing more resources for affordable housing development and
preservation.
Land Use
HB 2573 — Increased Personal Property Tax Exemption
The bill eliminates annual filing requirements of business personal property owners receiving
property tax cancellation relating to business personal property the total value of which is less
than specified threshold. It allows county assessors to annually provide notice to each taxpayer
whose taxable business personal property is not subject to ad valorem property taxation for the
current property tax year due to being under specified threshold.
HB 2743 — Economic Development at Rural Airports
HB 2743 requires Land Conservation and Development Commission to establish a pilot program
to implement a master plan for economic development on land adjacent to a rural airport. The
bill creates the City Economic Development Pilot Program Fund and requires the Commission to
use the Fund to finance the establishment and implementation of the pilot program. Since this is
a pilot project, the bill requires Commission to report on the pilot program to the legislative
committees related to housing and human services during the 2022 session of the Legislative
Assembly.
HB 3459 — Property Tax Exemption
This bill expands existing property tax exemption available under ORS 307.130 to include retail
stores that operate with substantial support from volunteers and that donate all net proceeds of
the retail store to one or more of the following:
• A nonprofit corporation that provides animal rescue services
• A manufacturer or provider of goods or services in return for equivalent value of goods
or services from the manufacturer or provider
• To an entity that provides spaying and neutering services for pets of individuals residing
in households with an annual household income at or below 80 percent of the area
median income
• For the purpose of aiding domesticated animals, regardless of whether the animals are in
the custody of the county shelter, in furtherance of the purpose for which the nonprofit
corporation was organized.
HB 3453 — Property Tax Exemptions
Modifies two existing property tax exemptions:
1. Modifies ORS 307.112 - Exempt Lease from Taxable Owner, by requiring benefit of
exemption and the tax savings that result from exemption, to inure solely to the benefit of the
exempt organization leasing the property.
2. Modifies ORS 307.166 - Exempt Lease from Exempt Owner, by requiring benefit of
exemption and the tax savings that result from exemption, to inure solely to the benefit of the
exempt organization leasing or subleasing the property.
HB 2179 — Expands non-farm Use Allowed on EFU
The bill expands non-farm use allowable on EFU by adding onsite treatment of septage prior to
land application as an allowed use on any area zoned for exclusive farm use. The bill does limit
authorization to onsite treatment using facilities that are portable, temporary and transportable by
truck trailer.
SB 418 — Phased Work for UGB Approvals
This measure requires the director of the Department of Land Conservation and Development
(DLCD), at the request of and in coordination with a city, to parse work tasks to allow DLCD to
issue final orders approving or remanding sequential phases of the work tasks related to an urban
growth boundary (UGB) amendment:
1. By a city with a population of 2,500 or more that adds more than 50 acres to the UGB
2. Related to needed housing under ORS 197.295 to 197.314. Requires director to take
action on each sequential phase no later than 90 days after the local government submits
the phase for review, unless waived by the local government or if the Land Conservation
and Development Commission (LCDC) grants the director an extension.
Air Quality
Cleaner Air Oregon
Department of Environmental Quality (DEQ) and the Oregon Health Authority (OHA) have
been pursuing health -based industrial air toxic regulations as part of the "Cleaner Air Oregon"
process. As part of this effort DEQ and OHA had a series of legislative funding options, which
would have brought significant increases to the regulated community. However, these funding
options were caught up in building politics and as a result no additional funding, beyond an
expansion of monitoring, were allocated. DEQ and OHA are considering options to move
forward on implementing a more comprehensive program without an appropriation.
2748 — Wood Stoves
HB 2748 modifies sources of moneys deposited in Residential Solid Fuel Heating Air Quality
Improvement Fund to include money received from any public or private source. It expands
allowable use of money in Fund to include rebates for the replacement or removal of uncertified
solid fuel burning devices. Additionally, the bill requires DEQ to prioritize allocation of grants,
loans, rebates or other subsidies under solid fuel burning device replacement or removal program
to be sued in nonattainment areas due to particulate matter or areas at substantial risk of being
designated nonattainment are due to particulate matter.
Funding
Wood Stove Change -out Grants - $250,000 was added to DEQ's budget to provide initial seed
funds to provide communities with matching grants that target air quality limited air -sheds.
Governance
SB 327 — Recreational immunity
The bill restores recreational immunity to agents and employees to the statute governing
recreational immunity.
HB 3434 — Fiscal Emergency Sunset
The policy extends the sunset of public safety fiscal emergency program for counties through
Jan. 2, 2024.
SB 317 — Allowed Places for Governing Body Meetings
When strictly construed, statutes may only allow the governing bodies of cities, counties and the
state to hold meetings on tribal lands when the meeting is with a tribe. However, SB 317
modifies this by adding Indian country to the list of places where a governing body may hold a
meeting.
Health and Human Services
SB 754 — Raising Age to Purchase Tobacco
Increase minimum age to purchase tobacco and nicotine products to 21 years old, effective Jan.
1, 2018.
HB 2310 — Public Health Modernization
The bill modifies provisions regarding schedule by which local public health authorities must
submit local plans for applying foundational public health capabilities and implementing
foundational public health programs. It outlines the method Oregon Health Authority (OHA) will
incorporate for funding distribution to the local public health authorities and specifies that
funding will be incremental. It also specifies that if funding is not provided by the Legislative
Assembly, then the OHA or the local public health authorities are not expected to provide funds.
The bill clarifies that OHA will develop rules to ensure that if a local public health authority
relinquishes to the state, then the process will be minimally disruptive to the clients. Finally, the
bill directs the Oregon Public Health Advisory Board to establish accountability metrics for
purpose of evaluating progress in achieving statewide public health goals and establishes a
process by which the governing body of counties may transfer to state the duties of the county
with respect to public health laws of state.
HB 2175 — Sobering Centers
This bill removes the cap previously set in place by 2015 legislation on the number of sobering
facilities that the Oregon Health Authority may register and requires that registration materials
be sent via certified mail.
HB 2176 — Sobering Center Funds
This policy authorizes counties to use funds, directly allocated to counties and as Oregon Health
Authority -provided match, from Mental Health Alcoholism and Drug Services Account, for
sobering facilities. Exempts sobering facilities from obligation to report specified data to Alcohol
and Drug Policy Commission.
SB 235 — Indoor Clean Air Act Exem tp ion
SB 235 provides an exemption for outdoor smoking areas at restaurants and bars to the Indoor
Clean Air Act (ICAA). The ICAA prohibited smoking in outdoor workplaces and outdoor public
spaces and specified that smoking areas must not be enclosed. According to the ICAA, an
enclosed area includes all space between a floor and ceiling that is enclosed on three or more
sides by permanent or temporary walls or windows that extend from the floor to ceiling (e.g.
smoking patio or shelter). So any outdoor smoking shelter with three walls could be determined
to be an enclosed space, even if there are substantial holes, gaps, or windows in the walls. SB
235 codifies the definition of an enclosed area and exempts such areas from the Indoor Clean Air
Act.
Public Safety
HB 5004 — Department of Corrections Budget
The budget funds community corrections baseline grant in aid to counties at current service level
— approximately $272 million.
HB 5013 — Judicial Department Budget
Approximately $940,000 in support for pass-through payments to counties for
mediation/conciliation programs, law libraries, and local court security accounts were
unfortunately reduced.
SB 26 — PSCC Membership
The bill requires Local Public Safety Coordinating Councils, whose membership is mostly
appointed by county commissioners, to appoint a representative from a community-based
nonprofit organization that provides services to crime victims.
SB 505 — Grand Jury Recordation
SB 505 establishes a recordation program for grand juries in Multnomah, Deschutes and Jackson
Counties. By 2019 Oregon Justice Department will issue report identifying the results of
implementation in the three counties and likely offer recommendations to fold in the remaining
counties and possible changes to processes identified from the three county experience.
HB 2238 — Public Safety Task Force
HB 2238 establishes the Task Force on Public Safety to study pretrial security release, the impact
of criminal fines and fees, and the Justice Reinvestment Program. The measure directs the
Criminal Justice Commission to prepare racial and ethnic impact statements on legislation and
ballot measures related to crime, at request of legislator from each major political party. It
transfers the obligation to produce racial and impact statements on legislation and ballot
measures related to human services to Department of Human Services, pending Jan. 2, 2018
repeal.
HB 2579 — OYA Reentry Support
HB 2579 authorizes the Oregon Youth Authority (OYA) to provide reentry support and services
to youths committed to the Department of Corrections custody, but who serve their incarceration
with OYA. It provides for termination of services when youth turns age 25 or sentence is
complete, whichever date is earlier.
SB 302 — Changes to Cannibals Related Crimes
The legislation moves crimes, penalties, defenses to crimes, and procedural provisions that apply
to marijuana offenses from the Uniform Controlled Substances Act to the Control and
Regulation of Marijuana Act and adjusts penalties for certain crimes. The bill repeals statutes
related to unlawful possession, manufacturing and delivery of marijuana or marijuana products
within 1,000 feet of schools. The policy also creates criminal penalties for committing arson
while manufacturing a cannabinoid extract and changes statutes referencing controlled
substances and their applicability to cannabis and cannabis -derived products.
SB 303 — Alians Mariivana Prohibitions with Alcohol
SB 303 creates consistent prohibitions, procedures and penalties for a minor possessing,
purchasing or acquiring either alcoholic beverages or marijuana items and defines procedures for
persons undergoing assessment and treatment related to marijuana use.
HB 2355 — Racial Profiling and Sentencing Reform
The bill requires law enforcement agencies to collect and submit data on the age, race, ethnicity
and sex of a person contacted during a traffic or pedestrian stop. The bill would also mandate
that the Oregon Criminal Justice Commission and later, the Department of Public Safety
Standards and Training, review the data by July 2020 and provide advice and assistance to
agencies struggling with profiling. The measure also would charge people caught with user -level
amounts of cocaine, methamphetamine and heroin with misdemeanors instead of felonies,
replacing jail time with mandatory treatment. It also reduces the charge so non-residents in the
United States legally on a visa, green card or with refugee status would not be automatically
deported based on a user -level drug conviction.
SB 360 — Community Service Exchange Program
SB 360 directs the governing body of each county to create a community service exchange
program through rulemaking. The community service exchange program would allow a person
who served a sentence within the Department of Corrections and is on parole or post -prison
supervision to enter into a written agreement with a community-based organization to perform
community service in lieu of payment of delinquent fees or debts and supervision fees. It allows
a local supervisory authority to determine whether to participate in this program and whether a
community-based organization qualifies for the community service exchange program. It also
allows for participation in the community service exchange program as an alternative to payment
of a court-appointed attorney's fees. SB 360 defines key terms, such as delinquent fees or debts
and prohibits waiver of fees for restitution, child support obligations, traffic offense fines and the
minimum felony and misdemeanor conviction fine. Finally, the measure specifies the procedures
for administration of this program.
SB 368 — Insurance for Youth in Custody
SB 3678 expands the prohibition on private insurance companies denying coverage or canceling
policy for insured solely because insured is in custody pending disposition of charges, to include
youth in detention facility pending adjudication.
HB 3078 — Justice Reinvestment
House Bill 3078-A reflects recommendations made by the work group to reduce prison bed costs over
time. The measure increases the maximum period of short-term transitional leave (STTL) from 90 to
120 -days. It modifies two Measure 57 crimes to permit shorter presumptive sentences with stricter
supervision (theft in the first degree and Identity theft) from 18 to 13 months. The bill increases the
number of prior convictions needed to trigger a presumptive sentence from two to four and provides for
at least 12 months of high level supervision for such offenders with possible extension. Lastly, it expands
the number of offenders that may be eligible to participate in the Family Sentencing Alternative Pilot
Program by including offenders who are pregnant at the time of sentencing and requiring courts to
impose participation in the Program as a condition of probation when the offender's eligibility is taken
into account as a mitigating factor.
Funding
• Allocates $7.0 million General Fund to the Criminal Justice Commission for the Justice
Reinvestment Initiative and directs the funding to be used for supplemental grants toward
downward departure prison diversion programs provided by counties.
• Allocates $1.0 million General Fund appropriation to the Department of Justice, Crime
Victims' Services Division and services for victims of domestic and sexual violence.
Public Records Law Reform
SB 106 — Public Records Advocate
As part of a slate of public records reforms, the legislature created a Public Records Advocate to
provide mediation services for disputes between requesters of public records and state agencies
or cities. The bill directs the Public Records Advocate to provide training for state agencies and
local governments on requirements and best practices and creates a Public Records Advisory
Council to study and report on issues that arise under the public records law.
HB 2101 — Public Records Exemption Review Process
In an effort to address the myriad of public record exemptions, the legislature created a review
process. The bill establishes a four -member public record subcommittee of Legislative Counsel
Committee (LCC) and a 15 -member Oregon Sunshine Committee (OSC) supported by Oregon
Department of Justice. OSC is charged with reviewing public records exemptions included in
Attorney General's (AGs) exemption catalog by Dec. 31, 2026 and make recommendations to
amend or repeal exemptions subject to review. OSC will also review Oregon Administrative
Rule (OAR) that impacts public records disclosure, if affected person or legislator requests
review, and identify inefficiencies and inconsistencies in application of public records laws. LCC
may then accept, modify or reject schedule and report from OSC. No later than September 1 of
every even -numbered year, subcommittee must submit to LCC its report on exemptions with
original OSC report included as appendix.
SB 481 — Public Records Request Time Frame
SB 481 establishes time frames for public body responses to public records requests and requires
public bodies to acknowledge requests within five business days and complete requests as soon
as practicable and without unreasonable delay, or as soon as reasonably possible but no later than
10 business days after acknowledgment. Acknowledgment is defined in the bill as completing
request or confirming: possession of records sought; lack of possession; or uncertainty about
possession. Completed requests are defined as providing access to, or copies of, all nonexempt
records; and/or thorough explanations for any records denied, not in possession or not capable of
acknowledgment, including instructions how to obtain review. The bill permits public body to
exceed time limits for specified reasons, with written explanation to requester including
estimated completion date and makes explicit that public bodies may communicate with
requesters. It suspends completion of requests pending reply and receipt of any fee not waived
and provides for automatic closure upon 60 days' inactivity. The measure treats public body's
failure to respond as denial for purposes of review and provides public bodies with immunity
from liability for damage caused by disclosures made in good faith. Deems good faith
disclosures of privileged information do not constitute waiver and are not voluntary.
SB 508 — Law Enforcement Exemptions
Under Oregon's Public Records Law, the general rule is that government records must be
disclosed to the public. ORS 192.502 contains a number of exceptions to this rule, allowing but
not requiring, public bodies to withhold records. SB 508 treats disclosure of images of a dead
body that are part of a law enforcement investigation similarly to disclosure of information of a
"personal nature" under ORS 192,502 (2) by conditionally exempting images of dead body that
are part of law enforcement investigations from public disclosure.
Economic Development
B 936 — Rural SIP
SB 936 creates a scaled taxable portion of Strategic Improvement Plan (SIP) projects and raises
the community service fee cap to $2.5 million. Scales taxable portion to size of the total cost
associated with project and raises the community service cap to $2.5 million, which will now
apply to urban SIPS as well. Project investments at or below $500 million has a taxable amount
of $25 million, projects between $500 million and $1 billion taxable amount $50 million, and
projects in excess of $1 billion have a taxable amount of $100 million.
Funding
• $30 million for multimodal transportation projects through the Connect Oregon
program
• $30 million for special public works projects, including levees and other critical local
infrastructure
• $15 million for water supply development grants
• $10 million to clean up industrial "orphan sites" — areas contaminated by hazardous
substances that pose a threat to human health or the environment, but the responsible
party is either unknown, or unable or unwilling to pay for remediation
• Over $7 million to support the Oregon Manufacturing Innovation Center, a
collaborative bringing together industry, higher education, and government to
develop a skilled workforce and address manufacturing challenges
• $5 million for Oregon's Main Street Revitalization Grant Program, which was created
in the 2015 session to help small and rural communities transform their downtown
business districts
OSU Cascades Expansion — Site Reclamation
The legislature approved $9,145,000 Article XI -Q general obligation bonds to finance
$9,000,000 of project costs and $145,000 for costs of issuing the bonds. The site restoration
project will include partial fill and compaction of a pumice mine to bring the site to a condition
ready for infrastructure development. The property, a 46 -acre pumice mine site, is adjacent to the
10 -acre Cascades Campus and is near downtown Bend.
Future Readiness Center Sites
$1,730,000 Other Funds (Capital Construction Account) is approved for the purchase of two
parcels of land necessary to construct two new Readiness Centers as replacements for the
Hillsboro and Redmond Armories.
HB 2745 — Intergovernmental Public Transit EntitX
The measure allows an intergovernmental entity created to operate, maintain, repair and
modernize transportation facilities that qualifies as recipient of Federal Transit Administration
funding, to issue general obligation bonds and assess, levy and collect ad valorem property taxes,
including operating taxes and local option levies. The bill allows intergovernmental entity to
provide non -rail public transportation and terminal facilities for public transportation and
provides the intergovernmental entity the ability to divide territory of entity into zones for the
purpose of imposing and levying property taxes at different rates in each zone based upon
qualitative differences in services provided. Additionally, it allows, with voter and/or local
governing body approval, intergovernmental entity to establish permanent rate limit for operating
taxes, impose local option taxes or issue general obligation bonds. Before intergovernmental
entity may impose ad valorem property taxes, the bill requires the entity to establish one or more
transit advisory councils representative of each zone in which ad valorem property taxes are to
be imposed, maintain adequate levels of communication with affected local governments and
perform an annual report and an annual audit.
Emergency Preparedness
HB 2687 — Emergency Management
This measure creates a grant program administered by the Office of Emergency Management
(OEM) to enable the purchase and distribution of emergency preparedness equipment throughout
the state by local governments, special government bodies, and private organizations that qualify
for federal tax-exempt status. The bill exempts equipment acquisition from the Public
Contracting Code and requires recipients to maintain federal tax benefits related to tax-exempt
bonds, and to indemnify the state in case of loss of such benefits.
Marijuana
HB 2198 — Medical Marijuana
This bill establishes the Oregon Cannabis Commission (OCC) within the Oregon Health
Authority (OHA) and requires the OCC to submit a report by Dec. 15, 2017 regarding the future
of the Oregon Medical Marijuana Program (OMMP) and its governance framework, to the
interim committees of the Legislative Assembly related to health and judiciary.
The legislation allows a medical marijuana grow site with more than 12 plants to transfer up to
20 pounds of marijuana a year to a recreational marijuana processor or wholesaler if the grow
site is registered with OHA when measure goes into effect and allows the Oregon Liquor Control
Commission (OLCC) to issue an order to limit the sale of medical marijuana into the recreational
system if there is an excess of supply. It also limits the number of mature marijuana plants
allowed at an address not registered as a grow site to six for each OMPP patient at the address,
not to exceed 12 total, and to 10 if there is one OMMP patient and at least one more person
above the age of 21 at the address. It limits the number of immature marijuana plants that are at
least 24 inches tall, to two for every one mature marijuana plant. The bill directs OHA to register
a medical marijuana grow site if provided specified information, including tax lot number, GPS
coordinates, assessor's map, or latitude/longitude coordinates.
The bill also allows a city or county that has enacted an ordinance prohibiting or allowing
medical marijuana establishments to amend the ordinance without referendum to prohibit or
allow OLCC's exclusively medical licensees. Additionally, under the bill's provisions, marijuana
retailers can locate up to 500 feet from a school if the OLCC determines there is a physical or
geographic barrier preventing access and allows the transfer of marijuana between retailers
substantially owned by the same persons.
SB 1057 —Marijuana Pro ram
This omnibus measure makes several technical changes to marijuana statutes. The bill provides
the Oregon Liquor Control Commission (OLCC) authority necessary to prevent the illegal
transfer or diversion of marijuana from OLCC licensees. It allows specified OLCC licensed
marijuana producers an additional 10 percent of their existing canopy square footage to produce
marijuana for medical use and requires marijuana producers who do utilize this additional
canopy square footage to donate for free 75 percent of the marijuana produced, and allows the
remaining 25 percent to be sold to OLCC licensed marijuana businesses. The bill prohibits an
OLCC regulatory specialist from carrying a gun, conducting inspections of primary residences
not licensed by OLCC, or ensuring compliance with Oregon Medical Marijuana Program
(OMMP) registrants. It also allows an OLCC marijuana licensee to transport marijuana items to,
and exhibit at, trade shows under certain conditions.
The bill requires marijuana produced and transferred within the OMMP system be tracked by the
OLCC tracking system and specifies funding for the tracking system to be paid from the Oregon
Marijuana Account prior to any other distribution. The measure also requires the Oregon Health
Authority (OHA) to impose an additional fee on marijuana grow sites, processing sites, and
dispensaries to pay costs incurred by the tracking system and directs OHA to create a database
sharing OMMP registrant information with OLCC and the Department of Revenue. The bill
moves marijuana labeling authority from the OHA to OLCC and clarifies that an OMMP
cardholder may jointly possess six medical marijuana plants under OMMP in addition to four
marijuana plants allowed under Measure 91. It also limits the allowable number of immature
marijuana plants in possession of an OMMP cardholder to 12 unless their address is a registered
medical marijuana grow site. As well, it limits the allowed number of immature medical
marijuana plants at registered medical marijuana grow site to twice the number of allowed
mature marijuana plants.
HB 5027 — Marijuana Testing
This bill ratifies fee changes approved by the Department of Administrative Services and
adopted administratively by the Oregon Health Authority during the 2015-17 interim. New
advanced technology laboratory accreditation fees are established, enabling Oregon
Environmental Laboratory Accreditation Program (ORELAP) to accredit laboratories that test
marijuana. Fee changes are expected to generate a total of $882,033 in new revenues during
2017-19 biennium.
SB 319 — Marijuana near Schools
The bill requires medical marijuana dispensaries and recreational marijuana retail locations be at
least 1,000 feet away from a school unless certain conditions are met. However, the measure
allows local governments to adopt ordinances allowing medical marijuana dispensaries and
marijuana retailers between 500 and 1,000 feet away from a school so long as a physical or
geographic barrier separates the location and the school.
Elections
HB 2873 - Local Taxing
This measure requires the governing body of a county, city, port, school district, union high
school district, community college district or any other public or quasi -public corporation,
including a municipal utility or dock commission operated by a separate board or commission,
that places a local option tax measure or a general obligation bond measure on the ballot, to
submit information about the measure to the appropriate county elections officer, who must then
file the information with the Secretary of State for publication on ORESTAR.
HB 2298 — SEI Filing Requirements
House Bill 2298 clarifies the application of SEI filing requirements by specifying that a person,
who becomes a candidate for the general election for a statewide office, judicial office, district
attorney or Legislative Assembly after April 15th, is required to file a SEI not later than the 40th
day before the statewide general election occurs.
2505 — Independent Expenditures
House Bill 2505 expands the definition of "communication in support of or in opposition to a
clearly identified candidate or measure" within definition of "independent expenditure" to
require reporting for an aggregate expenditure amount of $750 or more for a communication that
refers to a clearly identified candidate or to a political party when the communication is
published and disseminated to relevant voters within 30 calendar days of a primary election or
within 60 calendar days of a general election. The measure excludes the following from these
reporting requirements:
• Nonpartisan activities of 501(c)(3) not-for-profit corporations;
• Candidate debates or forums for state office, or publicity for same when all major
political parties have been invited to participate;
• Nonpartisan voters' guides published by 501(c)(3) organizations;
• Nonpartisan voters' guides that include or offer inclusion to all major party candidates for
each state office referenced;
Any commercial communication that includes a candidate's name, image, likeness or
voice exclusively as owner, operator or employee of a business that existed prior to
candidacy;
Official publications produced or distributed by public employees while on the job during
working hours; and
Communication by labor unions, membership organizations or corporations to their
members, stockholders or executives or administrative personnel.
HB 2586 — Voters' Pamphlet Fee
House Bill 2586 excludes the Voters' Pamphlet fee from the $750 threshold required to file as
political committee in ORESTAR.
HB 2696 — Community College District Measures
Permits community college district measures related to bonding to be included in state voters'
pamphlet if county does not print and distribute voters' pamphlet for election.
SB 88 — Electronic Government Portal
This measure changes the name of the fee to use electronic government portal from
"convenience" fee to "portal provider" fee, for the purpose of distinguishing it from fees assessed
in the payment industry and clarifies that quorum of Electronic Government Portal Advisory
Board is majority of voting members.
SB 229 — Election Law Clarifications
This bill requires person elected to county office to receive certificate of election prior to filing
oath of office and allows an electronic submission of elections documents. It also alters
notification and filing deadlines related to major political party precinct committee person
election procedures, ballot title certification, petition template alteration requests, statement of
arguments and major political party membership status determinations. The bill increases
timeframe for canvas of city ballot measure results to no later than 40 days after election and
requires the Secretary of State (SOS) and municipal and district elections officers to send a copy
of prospective ballot measure to appropriate state or municipal attorney. It also authorizes district
attorneys to make clerical corrections to ballot titles.
This bill permits a number of SOS duties, including signature verification duties and the
establishment of a process for verifying petition signatures. The bill declares certified statement
to be sufficient evidence of validity of ballot with unsigned return envelope and directs SOS to
develop form for certified statements. It clarifies violations regarding sale or purchase of official
ballot and related materials must include actual intent to commit violation and requires
candidates exceeding the $750 expenditure and contribution threshold during calendar year to
file contribution and expenditure statements in alignment with currently prescribed timeframes.
It permits a candidate who exceeds $750 limit, but who does not expect contributions or
expenditures to exceed $3,500 during calendar year, to file statement of limited expenditures in
lieu of campaign finance statements. The measure also extends requirements and prohibitions
that currently apply to excess campaign contributions and donations to include those received by
candidate or public office holder's principal campaign committee. As well, the bill permits the
use of campaign moneys for expenses related to legal proceedings that result from campaign
activities: of candidate or official duties of public official; of political committee; or of petition
committee. The bill also requires recall committees to disclose expenditure and contribution
information beginning on day recall petition is filed and requires petition committees to report
initial assets that occur prior to creation of committee in ORESTAR.
Lastly, the bill lays out the process for the January special election on the referendum for HB
2391.
Commemorations
HCR 10
Commends Bend Heroes Foundation for its work recognizing Oregon's veterans.
HCR 21
Commemorates 100th anniversary of Deschutes County's establishment.
Deschutes County
2018 Legislative Session
Potential Issues for Discussion
1. Change to ORS 309.067 which governs County Boards of Property Tax Appeals (attached).
Commissioners have indicated an interest in requesting a change in the statute to
delete/clarify section 309.067(c) stating that pools of members "shall contain the names,
addresses and telephone numbers of the persons in the pools". Issue may also be able to be
resolved through interpretation by County Legal Counsel.
2. Reintroduction of bill to address multiple lot line adjustment issue as proposed during the
2017 session through SB 1048 (attached). Central Oregon Builders' Association is seeking
support for this legislation.
3. Amendments to SB 1051 (attached) passed during the 2017 session and specified provisions
for siting accessory dwelling units on rural lands.
4. Reintroduction of bill to designate dry Exclusive Farm Use (EFU) lands as non -resource
lands as proposed through SB 2893 (attached) during the 2017 session. City of Bend may
request that this legislation be initiated.
5. Any bill that may seek to change, restrict, or limit Deschutes County marijuana and/or time -
place -manner (TPM) regulations.
Chapter 309
Chapter 309 — Board of Property Tax Appeals; Ratio Studies
2015 EDITION
BOARD OF PROPERTY TAX APPEALS; RATIO STUDIES
REVENUE AND TAXATION
COUNTY BOARDS OF PROPERTY TAX APPEALS
Page 1 of 12
(General Provisions)
309.020 Board of property tax appeals; members; qualifications; term of office; quorum;
replacement; participation in determinations
309.022 Training; expenses; expense of appraiser assistance; rules
309.024 Record of proceedings; clerk; legal advisor; appraiser assistance
309.025 Notice of hearings on appeals of property value; proof of notice; persons interested may
appear
309.026 Sessions; hearing of petitions; applications to waive penalty; adjournment
309.067 Pool of members
309.070 Oath
309.072 Record of board affairs
(Appeals of Value)
309.100 Petitions; filing; hearings; notice of hearing; representation at hearing
309.104 Electronic filing; rules
309.110 Disposition of petitions; orders; mailing or delivery; stipulations; amended orders; appeals
309.115 Effect of property value correction upon appeal; exceptions
309.120 Entry in roll of corrections, additions or changes
309.150 Appeals of value upon summary or accelerated collection of taxes
SALES RATIO STUDIES AND DEPARTMENT OF REVENUE REVIEW
309.200 Assessor to collect sales data and prepare ratio study; filing study with board and
department
https://www.oregonlegislature.gov/bills_laws/ors/ors309.html 10/25/2017
Chapter 309
Page 2 of 12
309.203 Real market value standard; compliance; recommendations or orders by department;
examination of ratio study; action if assessed value deviates from real market value
ASSESSMENT ROLL SUMMARIES
(General Provisions)
309.310 "Department" defined for ORS 309.330 to 309.400
309.330 Transmission of summary of assessment roil by assessor
309.340 Recording and tabulating summaries
309.360 Examining summaries; obtaining other information
309.370 Tabulating assessment summaries
309.400 Ordering or making change of valuation
(Penalties)
309.990 Penalties
309.010 [Amended by 1989 c.330 §17; 1991 c.459 §185; 1993 c.270 §36; 1993 c.498 §1; 1995
c.226 §3; 1995 c.293 §12; repealed by 1997 c.541 §241]
309.011 [Formerly 309.050; 1993 c.270 §37; 1995 c.226 §4; repealed by 1997 c.541 §241]
309.012 [1991 c.459 §206; 1993 c.270 §38; 1993 c.498 §2; 1995 c.226 §5; repealed by 1997
c.541 §241]
309.014 [Formerly 309.028; repealed by 1997 c.541 §241]
309.016 [1991 c.459 §207; repealed by 1997 c.541 §241]
309.018 [1991 c.459 §191a; 1993 c.270 §39; 1995 c.650 §63; repealed by 1997 c.541 §2411
COUNTY BOARDS OF PROPERTY TAX APPEALS
(General Provisions)
309.020 Board of property tax appeals; members; qualifications; term of office; quorum;
replacement; participation in determinations. (1) Except as provided by subsections (3) and (4) of
this section:
(a) The board of property tax appeals shall consist of those persons selected by the county clerk
from the pool of board members appointed under ORS 309.067. The clerk shall complete the
selection prior to the commencement of the board session as provided in ORS 309.026. The board
https://www.oregonlegislature.gov/bills-laws/ors/ors309.html 10/25/2017
Chapter 309
Page 3 of 12
shall consist of one member of the pool described in ORS 309.067 (1)(a) and two members of the
pool described in ORS 309.067 (1)(b).
(b) Additional boards of property tax appeals may be selected by the county clerk if necessary for
the efficient conduct of business. Each additional board shall consist of one member of the pool
described in ORS 309.067 (1)(a), or under subsection (5) of this section, and two members of the pool
described in ORS 309.067 (1)(b).
(2) The term of each member of a county board of property tax appeals shall begin on the date of
appointment and shall end on the June 30 next following appointment or when the member resigns or
is replaced under subsection (4) of this section, whichever occurs first.
(3) The chairperson of the board shall be the member of the county governing body, if present. If
the governing body member is replaced as provided under subsection (4) of this section, the
governing body member's replacement shall be the chairperson unless the board votes unanimously to
elect one of the other nonoffice-holding members present as chairperson of the board. A quorum shall
be a minimum of two members.
(4) In the event of the inability or unwillingness of any member to serve, such indisposition
continuing for more than seven consecutive days, the member shall be replaced in the manner of an
original appointment.
(5) In any county:
(a) The county governing body may appoint one nonoffice-holding county resident to serve on a
board instead of appointing a member of the county governing body.
(b) Any nonoffice-holding county resident appointed to the pool may serve on any board as
needed for the efficient conduct of business.
(6) A particular member of a board shall not participate in the determination of a petition after the
hearing if the board member did not hear and consider, as a member of the board, the evidence
presented at the hearing. [Amended by 1953 c.714 §3; 1955 c.709 §1; 1957 c.326 §1; 1967 c.142 §1;
1971 c.363 §1; 1973 c.61 §3; 1973 c.372 §1; 1979 c.725 §1; 1985 c.318 §2; 1989 c.330 §2; 1991
c.459 §186; 1995 c.226 §6; 1997 c.541 §224]
309.021 [Formerly 309.045; repealed by 1995 c.226 §14]
309.022 Training; expenses; expense of appraiser assistance; rules. (1) Each person appointed
as a member of a pool under ORS 309.067 shall complete training approved by the Department of
Revenue for the term of appointment. The department by rule may prescribe alternative methods of
training on the basis of educational effectiveness, cost and accessibility to members.
(2) Provision shall be made in the county budget for the following:
(a) An amount sufficient to defray the reasonable expenses of the boards, including a per diem
allowance.
(b) An amount sufficient to defray the necessary traveling and living expenses of each person
whose name appears in the pools described in ORS 309.067 while completing training approved by
the Department of Revenue as required under subsection (1) of this section.
(c) An amount sufficient to compensate any appraiser hired by the board under ORS 309.024.
[1953 c.714 §3; 1955 c.709 §2; 1989 c.330 §3; 1991 c.459 §188; 1995 x226 §7; 1995 c.293 §11;
1997 c.541 §225; 2001 c.511 §11
309.024 Record of proceedings; clerk; legal advisor; appraiser assistance. (1) The board of
property tax appeals shall keep a written or audio record of all proceedings. Notwithstanding ORS
192.650, no written minutes need be made.
(2) The county clerk, as described in ORS 306.005, shall serve as clerk of the board. The clerk or
deputy clerk shall attend sessions of the board at the discretion of the board as approved by the clerk.
https://www.oregonlegislature.gov/bills—laws/ors/ors309.html 10/25/2017
Chapter 309
Page 4 of 12
(3) The district attorney or the county counsel, at the discretion of the county clerk, shall be the
legal advisor of the board unless there is a potential conflict of interest in the district attorney or
county counsel serving as the legal advisor. If there is a potential conflict of interest, the county clerk
may appoint independent counsel to serve as the legal advisor of the board. The legal advisor of the
board, or the legal advisor's deputy, may attend all sessions of the board.
(4) At the discretion of the county clerk, the board may hire one or more appraisers registered
under ORS 308.010, or licensed or certified under ORS 674.310, and not otherwise employed by the
county, and other necessary personnel for the purpose of aiding the board in carrying out its functions
and duties under ORS 309.026. The boards of the various counties may make such reciprocal
arrangements for the exchange of appraisers with other counties as will most effectively carry out the
functions and duties of the boards. [1953 c.714 §3; 1955 c.709 §3; 1957 c.326 §2; 1971 c.377 §2;
1973 c.336 §1; 1981 c.804 §2; 1989 c.330 §16; 1991 c.5 §24; 1991 c.459 §189; 1993 c.270 §40; 1993
c.498 §3; 1997 c.541 §225a; 2001 c.511 §2; 2005 c.94 §59]
309.025 Notice of hearings on appeals of property value; proof of notice; persons interested
may appear. (1) Before the date the board of property tax appeals convenes, the clerk of the board
shall give public notice that the board will meet at a specified time and place to hear the appeals
specified in ORS 309.026.
(2)(a) The notice provided under this section shall be given by posting notices in six conspicuous
places in the county.
(b) Proof of notice shall be made by affidavit of the clerk of the board, setting out the time,
inarmer and place of posting the notices. The affidavit must be filed in the office of the county clerk
on or before the day on which the board convenes.
(3) Persons interested may appear at the time and place appointed in the notice. [1991 c.459
§194a; 1997 x541 §226; 1999 c.579 §9; 2011 c.204 §8]
Note: 309.025 was enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 309 by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
309.026 Sessions; hearing of petitions; applications to waive penalty; adjournment. (1) The
board of property tax appeals may convene on or after the first Monday in February of each year, but
not later than the date necessary for the board to complete the functions of the board by April 15. The
board shall meet at the courthouse or courthouse annex. If the meeting place is other than the
courthouse or annex, notice of the meeting place shall be posted daily in the courthouse. The board
shall continue its sessions from day to day, exclusive of legal holidays, until the functions provided in
subsections (2) and (3) of this section are completed.
(2) The board shall hear petitions for the reduction of.-
(a)
f:(a) The assessed value or specially assessed value of property as of January 1 or as determined
under ORS 308.146 (6)(a);
(b) The real market value of property as of January 1 or as determined under ORS 308.146 (6)(a);
(c) The maximum assessed value of property as of January 1 or as determined under ORS 308.146
(5)(a) or (8)(a); and
(d) Corrections to value made under ORS 311.208.
(3) The board shall hear petitions for the reduction of value as provided in subsection (2) of this
section, but only if the value that is the subject of the petition was added to the roll prior to December
1 of the tax year.
(4) The board shall consider applications to waive liability for all or a portion of the penalty
imposed under ORS 308.295 or 308.296.
https://vr,,vw.oregonlegislature-gov/bills—laws/ors/ors309.html 10/25/2017
Chapter 309
Page 5 of 12
(5) The board shall adjourn no later than April 15. [1955 c.709 §4; 1957 c.326 §3; 1959 c.519 §3;
1971 c.377 §3; 1975 c.753 §3; 1979 c.241 §35; 1981 c.804 §3; 1983 s.s. c.5 §9; 1985 c.318 §3; 1989
c.330 §4; 1991 c.459 §190; 1993 c.270 §41; 1997 c.541 §227; 1999 c.579 §10; 1999 c.655 §5; 2001
c.422 §1; 2009 c.443 §3; 2015 c.92 §4]
309.028 [1955 c.709 §6; 1959 c.519 §4; 1971 c.377 §4; 1975 c.753 §4; 1979 c.241 §36; 1981
c.804 §4; 1989 c.330 §5; 1991 c.459 §191; renumbered 309.014 in 19911
309.030 [Amended by 1955 c.709 §9; renumbered 309.0381
309.032 [1955 c.709 §7; 1959 c.519 §5; 1973 c.402 §13; 1975 c.753 §7; 1979 c.241 §37; 1981
c.804 §5; 1983 s.s. c.5 §10; 1985 c.613 §11; 1989 c.330 §6; repealed by 1991 c.96 §13 and 1991
c.459 §208]
309.034 [1955 c.709 §8; repealed by 1971 c.377 §5 (309.035 enacted in lieu of 309.034)]
309.035 [1971 c.377 §6 (enacted in lieu of 309.034); 1973 c.71 §1; 1975 c.753 §8; 1975 c.763 §2;
1979 c.241 §38; 1981 c.804 §6; 1983 s.s. c.5 §11; 1989 c.330 §7; 1991 c.459 §192; 1997 c.541 §228;
renumbered 309.203 in 1997]
309.036 [1955 c.709 §§17, 18; 1971 c.377 §7; 1979 c.241 §39; 1981 c.804 §7; 1983 s.s. c.5 §12;
1985 c.613 §12; repealed by 1989 c.330 §191
309.038 [Formerly 309.030; 1981 c.804 §8; 1983 s.s. c.5 §13; 1985 c.318 §4; repealed by 1989
c.330 §19]
309.040 [Amended by 1953 c.714 §3; 1959 c.666 §2; 1981 c.804 §9; 1983 c.603 §1; repealed by
1989 c.330 §19]
309.045 [1977 c.219 §2; 1979 c.725 §2; 1981 c.804 §10; 1983 s.s. c.5 §14; 1985 c.318 §5; 1989
c.330 §8; 1991 c.459 §193; renumbered 309.021 in 1991]
309.050 [Amended by 1955 c.709 §10; 1971 c.377 §8; 1979 c.241 §40; 1981 c.804 §11; 1983 s.s.
c.5 §15; 1985 c.613 §13; 1989 c.330 §9; 1991 c.459 §194; renumbered 309.011 in 1991]
309.060 [Amended by 1955 c.709 §11; 1981 c.804 §12; 1989 c.330 §10; repealed by 1991 c.96
§13 and 1991 c.459 §208]
309.067 Pool of members. (1) The county governing body shall appoint:
(a) A pool of members of the county governing body or the governing body's designees who are
eligible and willing to serve as members of the county board of property tax appeals.
(b) A pool of nonoffice-holding residents of the county who are not employees of the county or of
any taxing district within the county and who are eligible and willing to serve as members of the
county board of property tax appeals.
(2) The number of names placed in pools shall be sufficient to meet the projected needs for board
members for the term of appointment for which the pools are prepared.
(3) The pools shall contain the names, addresses and telephone numbers of the persons in the
pools and shall include a brief description of the training under ORS 309.022 in which the person has
https://www.oregonlegislature.gov/bills_laws/ors/ors309.html 10/25/2017
Chapter 309
Page 6 of 12
or will have participated before any term as a board member begins. The pools of appointed persons
shall be filed in the records of the county clerk.
(4) A newly filed pool of names shall take precedence over any previously filed pool of names.
The county governing body shall designate the date when a newly filed pool of names shall become
effective. After a newly prepared pool of names becomes effective, board members shall not be
selected from a previously filed pool of names.
(5) The appointment of pools described in this section shall be made by the county governing
body on or before October 15 of each year or at any other time upon the request of the county clerk at
a regular meeting of the governing body or at a special meeting called by the chairperson of the
county governing body.
(6) Appointments made under this section shall be in writing and shall designate the pool to which
the member was appointed. [1995 c.226 §2; 1997 c.541 §229]
309.070 Oath. Before proceeding to the functions and duties required by this chapter, each
member of the board of property tax appeals shall take and subscribe to an oath to faithfully and
honestly discharge the duties of the board. The oath shall be administered by a member of the board
and shall be filed with the county clerk. [Amended by 1979 c.241 §41; 1981 c.804 §13; 1991 c.459
§195; 1995 c.226 §9; 1997 c.541 §230]
309.072 Record of board affairs. The meetings, qualification, sittings and adjournment of the
boards of property tax appeals shall be recorded in the journal of the county governing body.
[Formerly 309.140; 1995 c.226 §10; 1997 c.541 §2311
309.080 [Amended by 1955 c.709 § 12; 1957 c.326 §4; 1979 c.241 §42; 1981 c.804 § 14; 1989
c.330 §11; repealed by 1991 c.96 §13 and 1991 c.459 §208]
309.090 [Amended by 1953 c.296 §2; 1957 c.326 §5; 1979 c.241 §43; 1981 c.804 § 15; 1985
c.613 §22; repealed by 1991 c.96 §13 and 1991 c.459 §208]
(Appeals of Value)
309.100 Petitions; filing; hearings; notice of hearing; representation at hearing. (1) Except as
provided in ORS 305.403, the owner or an owner of any taxable property or any person who holds an
interest in the property that obligates the person to pay taxes imposed on the property, may petition
the board of property tax appeals for relief as authorized under ORS 309.026. As used in this
subsection, an interest that obligates the person to pay taxes includes a contract, lease or other
intervening instrumentality.
(2) Petitions filed under this section shall be filed with the clerk of the board during the period
following the date the tax statements are mailed for the current tax year and ending December 31.
(3) Each petition shall:
(a) Be made in writing.
(b) State the facts and the grounds upon which the petition is made.
(c) Be signed and verified by the oath of a person described in subsection (1) or (4) of this section.
(d) State the address to which notice of the action of the board shall be sent. The notice may be
sent to a person described in subsection (1) or (4) of this section.
(e) State if the petitioner or a representative desires to appear at a hearing before the board.
(4)(a) The following persons may sign a petition and appear before the board on behalf of a
person described in subsection (1) of this section:
https://www.oregonlegislature.gov/bills—laws/ors/ors309.html 10/25/2017
Chapter 309
Page 7 of 12
(A) A relative, as defined by rule adopted by the Department of Revenue, of an owner of the
property.
(B) A person duly qualified to practice law or public accountancy in this state.
(C) A legal guardian or conservator who is acting on behalf of an owner of the property.
(D) A real estate broker or principal real estate broker licensed under ORS 696.022.
(E) A state certified appraiser or a state licensed appraiser under ORS 674.310 or a registered
appraiser under ORS 308.010.
(F) The lessee of the property.
(G) An attorney-in-fact under a general power of attorney executed by a principal who is an owner
of the property.
(b) A petition signed by a person described in this subsection, other than a legal guardian or
conservator of a property owner, an attorney-in-fact described in paragraph (a)(G) of this subsection
or a person duly qualified to practice law in this state, shall include written authorization for the
person to act on behalf of the owner or other person described in subsection (1) of this section. The
authorization shall be signed by the owner or other person described in subsection (1) of this section.
(c) In the case of a petition signed by a legal guardian or conservator, the board may request the
guardian or conservator to authenticate the guardianship or conservatorship.
(d) In the case of a petition signed by an attorney-in-fact described in paragraph (a)(G) of this
subsection, the petition shall be accompanied by a copy of the general power of attorney.
(5) If the petitioner has requested a hearing before the board, the board shall give such petitioner
at least five days' written notice of the time and place to appear. If the board denies any petition upon
the grounds that it does not meet the requirements of subsection (3) of this section, it shall issue a
written order rejecting the petition and set forth in the order the reasons the board considered the
petition to be defective.
(6) Notwithstanding ORS 9.160 or 9.320, the owner or other person described in subsection (1) of
this section may appear and represent himself or herself at the hearing before the board, or may be
represented at the hearing by any authorized person described in subsection (4) of this section.
[Amended by 1955 c.709 §14; 1959 c.56 §1; 1967 c.78 §5; 1969 c.561 §2; 1971 c.377 §9; 1973 c.402
§34; 1981 c.804 §16; 1983 c.603 §2; 1983 s.s. c.5 §16; 1987 c.808 §1; 1989 c.330 §12; 1991 c.5 §25;
1991 c.459 §196; 1993 c.270 §42; 1995 c.79 §136; 1995 c.467 §1; 1997 c.541 §232; 1999 c.579
§§l1,1la; 2001 c.300 §60; 2003 c.120 §1; 2009 c.33 §9; 2011 c.1 11 §2]
309.103 [1969 c.561 §1; 1973 c.402 §14; 1981 c.804 §17; 1983 c.603 §3; 1989 c.330 §13;
repealed by 1991 c.96 §13 and 1991 c.459 §2081
309.104 Electronic filing; rules. The Department of Revenue may prescribe rules that provide for
the filing of a petition under ORS 3 09. 100 and related written material, including signatures and
verifications, by electronic means and may prescribe the conditions and requirements that must be
met in order for an electronic filing to meet the requirements of ORS 309.100. [1997 c.154 §8]
309.105 [1955 c.709 § 13; 1971 c.377 § 10; 1979 c.241 §44; 1981 c.804 § 18; 1983 s.s. c.5 § 17;
1985 c.613 § 14; repealed by 1991 c.96 § 13 and 1991 c.459 §208]
309.110 Disposition of petitions; orders; mailing or delivery; stipulations; amended orders;
appeals. (1) The disposition of every petition before a board of property tax appeals, other than a
petition that is resolved by stipulation under ORS 308.242, and the board's determination thereon
shall be recorded by formal order and entered in the record of the board. A copy of the order as to
each petition shall be sent, by mail, to the petitioner at the post -office address given in the petition.
When a copy of a board's order is personally delivered to the petitioner, the requirement to mail a
https://www.oregonlegislature.gov/bills-laws/ors/ors309.html 10/25/2017
Chapter 309
Page 8 of 12
copy of the order is waived. A copy of each order shall be delivered to the assessor and the officer in
charge of the roll on the same day that the order is mailed or delivered to the petitioner. The orders of
a board shall specify what changes shall be made in the tax roll, if any, and shall direct the officer in
charge of the roll to make them. The legal advisor of the board shall be available to aid a board in the
preparation of its orders.
(2) If a petition is filed with the board that is resolved by stipulation under ORS 308.242 prior to
the date the board convenes, the stipulation shall be entered into the record of the board. The
requirements for recording by formal order, mailing and delivery under subsection (1) of this section
do not apply to a stipulation entered into the record under this subsection. For all other purposes, a
petition that is resolved by stipulation under ORS 308.242 prior to the date the board convenes shall
be treated as if the petition had been withdrawn.
(3)(a) A board may issue amended orders to correct clerical errors or errors of jurisdiction
appearing in its original orders.
(b) A board may authorize a board member or clerk of the board to amend board orders on behalf
of the board for the purpose of correcting clerical errors.
(4) Amended orders correcting an error of jurisdiction may be issued only during a board's
session, or by call of the chairperson.
(5) An amended order correcting a clerical error or an error of jurisdiction must be made on or
before June 30 of the year in which the original order was issued by the board.
(6) The provisions of subsection (1) of this section shall apply to amended orders, unless the
context requires otherwise. Amended orders shall be mailed to the petitioner and delivered to the
assessor and the officer in charge of the roll not later than five days after the adjournment of a board's
meetings or five days after the date the order is amended, whichever is later.
(7) The order of a board, other than an order relating to an application to excuse liability for the
penalty imposed under ORS 308.295, may be appealed to the magistrate division of the Oregon Tax
Court.
(8) As used in this section:
(a) "Clerical error" means an error in an order that either arises from an error in the minutes of a
board or is a failure to correctly reflect the minutes of a board and that, had it been discovered prior to
the order being issued, would have been corrected as a matter of course. In order to be a clerical error,
the information necessary to make the correction must be contained in the minutes of the board. Such
errors include, but are not limited to, arithmetic and copying errors and omission or misstatement of
identification of property.
(b) "Error of jurisdiction" means an error in an order resulting from a board's failure to correctly
apply the board's authority as granted under ORS 309.026. (Amended by 1957 c.326 §6; 1959 c.666
§1; 1977 c.884 §14; 1981 c.804 §19; 1983 c.602 §1; 1985 c.318 §6; 1985 c.613 §23; 1989 c.330 §14;
1991 c.459 §198; 1993 c.498 §4; 1995 c.226 §11; 1997 c.541 §233; 1999 c.21 §23; 1999 c.340 §5;
1999 c.579 §12; 2001 c.114 §22; 2001 c.511 §3; 2003 c.35 §1]
309.115 Effect of property value correction upon appeal; exceptions. (1) If the Department of
Revenue, the board of property tax appeals or the tax court or other court enters an order correcting
the real market value of a separate assessment of property and there is no further appeal from that
order, except as provided under subsection (2) or (3) of this section, the value so entered shall be the
real market value entered on the assessment and tax rolls for the five assessment years next following
the year for which the order is entered.
(2) Notwithstanding subsection (1) of this section, the following adjustments may be made to the
real market value during the period described in subsection (1) of this section:
(a) Annual trending or indexing applied to all properties of the same property class in the county,
or within clearly defined areas of the county under this chapter.
https://www.oregonlegislature.gov/bills—laws/ors/ors309.html 10/25/2017
Chapter 309
Page 9 of 12
(b) Annual trending or depreciation factors applied to similar property.
(c) Additions or retirements based upon returns filed under ORS 308.290.
(d) Additions, retirements or economic trending from the annual valuations under ORS 308.505 to
308.681.
(e) Increases directly related to additions, remodeling or rehabilitation made to property.
(f) Changes directly related to subdividing or partitioning the property.
(g) Changes directly related to rezoning the property and using the property consistent with the
rezoning.
(h) Property damaged, destroyed or otherwise subject to loss of real market value.
(3) In the case of state -appraised industrial property as defined in ORS 306.126, subsection (1) of
this section does not apply to changes in real market value as a result of:
(a) Annual trending or depreciation factors applied by type of property to industrial or personal
property;
(b) Additions or retirements based upon returns filed under ORS 308.290; or
(c) Property damaged, destroyed or otherwise subject to loss of real market value.
(4) If, during the five-year period described in subsection (1) of this section, another order
correcting the real market value of the property subject to subsection (1) of this section is entered,
subsection (1) of this section shall apply for the five years next following the year the later order is
entered. [1989 c.678 §2; 1991 c.459 §198a; 1995 c.650 §65; 1997 c.154 §§45,46; 1997 c.541
§§234,235; 1999 c.579 §28; 2001 c.6 §1; 2015 c.36 §12]
309.120 Entry in roll of corrections, additions or changes. Corrections, additions to, or changes
in the roll shall be entered in the roll by the officer in charge of the roll in a manner clearly showing
that the assessor's prior entry, if any, has been superseded, and showing the entry ordered by the
board of property tax appeals, indicating the change substantially "as ordered by the county board of
property tax appeals." The entries shall be a part of the record of the action of the board. [Amended
by 1957 c.326 §7; 1981 c.804 §20; 1991 c.459 §199; 1997 c.541 §237]
309.130 [Amended by 1957 c.326 §8; 1981 c.804 §21; repealed by 1991 c.96 §13 and 1991 c.459
§208]
309.140 [Amended by 1991 c.459 §200; renumbered 309.072 in 1991]
309.150 Appeals of value upon summary or accelerated collection of taxes. Appeals of the
value of personal property, on which the tax is required to be paid as provided in ORS 311.465 and
311.480, shall be heard by a board of property tax appeals in the same manner that other assessments
of property are heard. [Amended by 1975 c.365 §2; 1981 c.804 §22; 1991 c.459 §201; 1995 c.226
§ 12; 1997 c.541 §238]
309.160 [1979 c.241 §32; 1981 c.804 §1; 1983 s.s. c.5 §18; repealed by 1985 c.613 §31]
SALES RATIO STUDIES AND DEPARTMENT OF REVENUE REVIEW
309.200 Assessor to collect sales data and prepare ratio study; filing study with board and
department. (1) Between January 1 and December 31 of each year the county assessor shall collect
sales data for a ratio study.
(2) The assessor shall prepare and complete a certified ratio study in the time and manner
provided by the rules adopted by the Department of Revenue. A copy of the sales data collected and
used as the basis for conclusions relating to real market value shall be included with the ratio study.
https://www.oregonlegislature.gov/bills-laws/ors/ors309.html 10/25/2017
Chapter 309
Page 10 of 12
The assessor shall file a certified copy of the sales data and ratio study with the department, as
prescribed by department rule.
(3) Not later than October 15 of each year the assessor shall file with the clerk of the board of
property tax appeals a copy of the ratio study. [1975 c.753 §2; 1981 c.804 §23; 1985 c.613 §24; 1989
c.330 §18; 1991 c.459 §202; 1993 c.270 §43; 1997 c.541 §239; 1999 c.655 §7]
309.203 Real market value standard; compliance; recommendations or orders by
department; examination of ratio study; action if assessed value deviates from real market
value. (1) On or before June 15 of each year, the Department of Revenue shall give specific written
recommendations or orders to the county assessor as to the actions which, in the department's
judgment, should be taken by the assessor in order to achieve compliance with the real market value
standard required under ORS 308.232 in the forthcoming assessment roll. Copies shall be sent to the
county governing body for their information. On or before July 15 following, the county assessor
shall act upon the recommendations or orders of the department, or notify the department in writing,
of any objections to the department's recommendations or orders.
(2) After May 1, but prior to September 1, the department shall examine the certified ratio study
prepared by each county assessor under ORS 309.200 and studies prepared by the department, to
determine if the value of all locally assessed taxable properties complies with the real market value
requirements of ORS 308.232. The assessor and the department shall cooperate with each other to
keep the department informed as to the assessor's needs and as to the Status of the current assessment
work. If, in the judgment of the department, the attairunent of the real market value standard required
under ORS 308.232 is in jeopardy, the department shall notify the assessor in writing of the
determination and the factors giving rise to it, with the statement that if unfulfilled statutory duties
specified by the department are not met, the department shall take action pursuant to this section. A
copy of such notice shall be sent to the county governing body, for its information. On or before
September 1, the department shall issue a written order to the assessor to adjust the classes of property
on the assessment roll:
(a) If the department finds that the ratio of all taxable properties deviates more than five percent
from the real market value level required by ORS 308.232, the department shall order an adjustment
to the real market values that will result in compliance with ORS 308.232. The assessor shall apply
the adjustment to real market values on the assessment roll and compute corrected assessed values if
necessary. A tolerance of five percent from 100 percent may be presumed by the department to meet
the requirements of ORS 308.232. Notwithstanding satisfactory compliance with the provisions of
paragraph (b) of this subsection, the department shall take any action necessary to achieve the real
market value level required by ORS 308.232.
(b) If the department finds that the real market value for any class of property provided for under
ORS 308.215 deviates more than 10 percent from 100 percent of real market value for the class, the
department shall order a change of values to bring the class to 100 percent of real market value. The
order may be made applicable to the class throughout the county or to the class in specific areas of the
county and may take into account variations caused by appraisals being made in different years.
(c) If the department's order results in a valuation increase, the increase may be appealed in the
mariner provided by ORS 309.100.
(3) If the department orders an adjustment to the real market values of property under subsection
(2) of this section, the department shall immediately give notice to the assessor, showing why the
adjustment is ordered. [Formerly 309.035; 2001 c.509 §1]
309.205 [1975 c.753 §6; 1979 c.241 §45; 1981 c.804 §24; 1985 c.613 §25; repealed by 1989
c.330 §19]
https://www.oregonlegislature.gov/bills—laws/0rs/ors309.html 10/25/2017
Chapter 309
309.210 [Repealed by 1953 c.708 § 19]
309.215 [1975 c.753 §9; 1979 c.241 §46; repealed 1981 c.804 §112]
309.220 [Repealed by 1953 c.708 §19]
309.230 [Repealed by 1953 c.708 §19]
309.240 [Repealed by 1953 c.708 § 19]
309.250 [Repealed by 1953 c.708 § 191
309.260 [Repealed by 1953 c.708 §19]
309.270 [Repealed by 1953 c.708 § 19]
ASSESSMENT ROLL SUMMARIES
(General Provisions)
Page 11 of 12
309.310 "Department" defined for ORS 309.330 to 309.400. As used in ORS 309.330 to
309.400, "department" means the Department of Revenue.
309.320 [Amended by 1991 c.459 §202a; repealed by 1997 c.541 §241]
309.330 Transmission of summary of assessment roll by assessor. (1) After the assessment roll
of any county has been delivered to the tax collector as required by ORS 311.115, the county assessor
shall transmit to the Director of the Department of Revenue within 10 days after the roll is delivered
to the tax collector, but not later than November 4, a certified copy of the summary of the assessment
roll.
(2) The summary of the assessment roll shall be shown on forms prescribed by the Department of
Revenue with such classification of property as the director shall specify. [Amended by 1969 c.520
§34; 1977 c.220 §1; 1981 c.804 §111; 1991 c.459 §202b]
309.340 Recording and tabulating summaries. Upon the receipt of tabulated summaries of the
assessment rolls, the Department of Revenue shall record the summaries in a book provided and kept
in its office for that purpose and shall, subject to the instructions of the Director of the Department of
Revenue, compile the summaries into tabular form for the use of the director. [Amended by 1969
c.520 §35; 1977 c.220 §2]
309.350 [Amended by 1969 c.520 §36; 1977 c.220 §3; 1991 c.459 §203; repealed by 1997 c.541
§2411
309.360 Examining summaries; obtaining other information. The Department of Revenue
shall examine and compare the summaries of the assessment rolls as certified by the county assessors
and may obtain such other information as the department considers necessary to ascertain and
determine the true and relative value of all the taxable property in the several counties, including
property assessed by the department. [Amended by 1991 c.459 §203a]
https://www.oregonlegislature.gov/bills_laws/ors/ors309.html 10/25/2017
Chapter 309
Page 12 of 12
309.370 Tabulating assessment summaries. After the Department of Revenue has examined and
compared the summaries and obtained the other necessary information, the department shall combine
the result in a table. When approved by the Director of the Department of Revenue, a table shall be
signed by the director and retained on file in the department. [Amended by 1969 c.520 §37; 1981
c.804 §25; 1985 c.761 §14; 1991 c.459 §203b; 1993 c.98 §14; 1997 c.541 §240]
309.380 [Amended by 1981 c.804 §26; repealed by 1993 c.98 §26]
309.390 [Repealed by 1977 c.220 §4]
309.400 Ordering or making change of valuation. (1) The Department of Revenue may order
any officer in charge of the assessment roll to raise or lower the valuation of any taxable property and
to add property to the assessment roll.
(2) if an officer fails to comply with any order or requirement of the department, the department
may make the correction or change in the assessment roll. [Amended by 1953 c.22 §2; 1991 c.96 §7;
1991 c.459 §2041
309.410 [1955 c.709 §16; 1967 c.293 §38; 1969 c.520 §38; repealed by 1971 c.377 §12]
309.510 [Amended by 1955 c.591 §1; 1961 c.590 §3; renumbered 291.342]
309.520 [Amended by 1953 c.323 §3; 1955 c.34 §1; 1955 c.591 §2; 1961 c.590 §4; renumbered
291.344]
309.530 [Amended by 1961 c.590 §5; renumbered 311.657]
309.540 [Repealed by 1953 c.705 §2]
309.550 [Renumbered 311.658]
(Penalties)
309.990 Penalties. Any person who willfully and knowingly presents or furnishes to the Director
of the Department of Revenue, or any member of the director's staff, any statement required by the
director, or representatives or agents of the director, under ORS 309.360 that is false or fraudulent is
guilty of perjury. Upon conviction, the person shall be punished as provided by law for the crime of
perjury. [Subsections (1) and (2) enacted as 1955 c.709 §15; 1969 c.520 §39; 1971 c.377 §11; 1981
c.804 §27; 2005 c.94 §60]
https://www.oregonlegislature.gov/bills-laws/ors/ors309.html 10/25/2017
79th OREGON LEGISLATIVE ASSEMBLY --2017 Regular Session
Sponsored by Senator KNOPP
Senate Bill 1048
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.
Permits city or county to adjust property line through progression of property line adjustments
that incorporates further adjustments of adjustedproperties. Permits city or county to review and
approve progression of property line adjustments that incorporates further adjustments of adjusted
properties as single land use decision.
1 A BILL FOR AN ACT
2 Relating to property line adjustments; creating new provisions; and amending ORS 92.190.
3 Be It Enacted by the People of the State of Oregon:
4 SECTION 1. ORS 92.190 is amended to read:
5 92.190. (1) The replat of a portion of a recorded plat shall not act to vacate any recorded
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
covenants or restrictions.
(2) Nothing in ORS 92.180 to 92.190 is intended to prevent the operation of vacation actions by
statutes in ORS chapter 271 or 368.
(3) The governing body of a city or county may use procedures other than replatting procedures
in ORS 92.180 and 92.185 to adjust property lines as described in ORS 92.010 (12), including a
progression of property line adjustments that incorporates further adjustments of adjusted
properties, as long as those procedures include the recording, with the county clerk, of
conveyances conforming to the approved property line adjustment, or conveyances conforming to
the progression of adjustments, as surveyed in accordance with ORS 92.060 (7).
(4)(a) Except as provided in paragraph (b) of this subsection, a property line adjustment
deed shall contain the names of the parties, the description of the adjusted line, references to ori-
ginal recorded documents and signatures of all parties with proper acknowledgment.
(b) The deed for a progression of property line adjustments that incorporates further
adjustments of adjusted properties must contain the names of the parties, the description
of the adjusted line or lines, references to the most recently recorded documents relating to
each affected property and signatures of all parties with proper acknowledgment.
(5) The governing body of a city or county may review and approve a progression of
property line adjustments that incorporates further adjustments of adjusted properties as a
single land use decision.
SECTION 2. The amendments to ORS 92.190 by section 1 of this 2017 Act apply to prop-
erty lines adjusted before, on or after the effective date of this 2017 Act that the governing
body of a city or county approves on or after the effective date of this 2017 Act.
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 4382
79th OREGON LEGISLATIVE ASSEMBLY --2017 Regular Session
Enrolled
Senate Bill 1451
Sponsored by COMMITTEE ON BUSINESS AND TRANSPORTATION
CHAPTER.................................................
AN ACT
Relating to use of real property; creating new provisions; amending ORS 197.178, 197.303, 197.307,
197.312, 215.416, 215.427, 215.441, 227.175, 227.178 and 227.500; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. (1) As used in this section:
(a) "Affordable housing" means housing that is affordable to households with incomes
equal to or less than 60 percent of the median family income for the county in which the
development is built or for the state, whichever is greater.
(b) "Multifamily residential building" means a building in which three or more residential
units each have space for eating, living and sleeping and permanent provisions for cooking
and sanitation.
(2) Notwithstanding ORS 215.427 (1) or ORS 227.178 (1), a city with a population greater
than 5,000 or a county with a population greater than 25,000 shall take final action on an
application qualifying under subsection (3) of this section, including resolution of all local
appeals under ORS 215.422 or 227.180, within 100 days after the application is deemed com-
plete.
(3) An application qualifies for final action within the timeline described in subsection (2)
of this section if:
(a) The application is submitted to the city or the county under ORS 215.416 or 227.175;
(b) The application is for development of a multifamily residential building containing five
or more residential units within the urban growth boundary;
(c) At least 50 percent of the residential units included in the development will be sold
or rented as affordable housing; and
(d) The development is subject to a covenant appurtenant that restricts the owner and
each successive owner of the development or a residential unit within the development from
selling or renting any residential unit described in paragraph (c) of this subsection as hous-
ing that is not affordable housing for a period of 60 years from the date of the certificate
of occupancy.
(4) A city or a county shall take final action within the time allowed under ORS 215.427
or 227.178 on any application for a permit, limited land use decision or zone change that does
not qualify for review and decision under subsection (3) of this section, including resolution
of all appeals under ORS 215.422 or 227.180, as provided by ORS 215.427 and 215.435 or by ORS
227.178 and 227.181.
SECTION 2. ORS 215.416 is amended to read:
Enrolled Senate Bill 1051 (SB 1051-A) Page 1
215.416. (1) When required or authorized by the ordinances, rules and regulations of a county,
an owner of land may apply in writing to such persons as the governing body designates, for a
permit, in the manner prescribed by the governing body. The governing body shall establish fees
charged for processing permits at an amount no more than the actual or average cost of providing
that service.
(2) The governing body shall establish a consolidated procedure by which an applicant may ap-
ply at one time for all permits or zone changes needed for a development project. The consolidated
procedure shall be subject to the time limitations set out in ORS 215.427. The consolidated proce-
dure shall be available for use at the option of the applicant no later than the time of the first pe-
riodic review of the comprehensive plan and land use regulations.
(3) Except as provided in subsection (11) of this section, the hearings officer shall hold at least
one public hearing on the application.
(4)(a) [The application shall not be approved] A county may not approve an application if the
proposed use of land is found to be in conflict with the comprehensive plan of the county and other
applicable land use regulation or ordinance provisions. The approval may include such conditions
as are authorized by statute or county legislation.
(b)(A) A county may not deny an application for a housing development located within
the urban growth boundary if the development complies with clear and objective standards,
including but not limited to clear and objective design standards contained in the county
comprehensive plan or land use regulations.
(B) This paragraph does not apply to:
(i) Applications or permits for residential development in areas described in ORS 197.307
(5); or
(ii) Applications or permits reviewed under an alternative approval process adopted under
ORS 197.307 (6).
(c) A county may not reduce the density of an application for a housing development if:
(A) The density applied for is at or below the authorized density level under the local land
use regulations; and
(B) At least 75 percent of the floor area applied for is reserved for housing.
(d) A county may not reduce the height of an application for a housing development if -
(A) The height applied for is at or below the authorized height level under the local land
use regulations;
(B) At least 75 percent of the floor area applied for is reserved for housing; and
(C) Reducing the height has the effect of reducing the authorized density level under lo-
cal land use regulations.
(e) Notwithstanding paragraphs (c) and (d) of this subsection, a county may reduce the
density or height of an application for a housing development if the reduction is necessary
to resolve a health, safety or habitability issue or to comply with a protective measure
adopted pursuant to a statewide land use planning goal.
(f) As used in this subsection:
(A) "Authorized density level' means the maximum number of lots or dwelling units or
the maximum floor area ratio that is permitted under local land use regulations.
(B) "Authorized height level' means the maximum height of a structure that is permit-
ted under local land use regulations.
(C) "Habitability" means being in compliance with the applicable provisions of the state
building code under ORS chapter 455 and the rules adopted thereunder. '
(5) Hearings under this section shall be held only after notice to the applicant and also notice
to other persons as otherwise provided by law and shall otherwise be conducted in conformance
with the provisions of ORS 197.763.
(6) Notice of a public hearing on an application submitted under this section shall be provided
to the owner of an airport defined by the Oregon Department of Aviation as a "public use airport"
if-
Enrolled
f
Enrolled Senate Bill 1051 (SB 1051-A) Page 2
(a) The name and address of the airport owner has been provided by the Oregon Department
of Aviation to the county planning authority; and
(b) The property subject to the land use hearing is:
(A) Within 5,000 feet of the side or end of a runway of an airport determined by the Oregon
Department of Aviation to be a "visual airport"; or
(B) Within 10,000 feet of the side or end of the runway of an airport determined by the Oregon
Department of Aviation to be an "instrument airport."
(7) Notwithstanding the provisions of subsection (6) of this section, notice of a land use hearing
need not be provided as set forth in subsection (6) of this section if the zoning permit would only
allow a structure less than 35 feet in height and the property is located outside the runway "ap-
proach surface" as defined by the Oregon Department of Aviation.
(8)(a) Approval or denial of a permit application shall be based on standards and criteria which
shall be set forth in the zoning ordinance or other appropriate ordinance or regulation of the county
and which shall relate approval or denial of a permit application to the zoning ordinance and com-
prehensive plan for the area in which the proposed use of land would occur and to the zoning or-
dinance and comprehensive plan for the county as a whole.
(b) When an ordinance establishing approval standards is required under ORS 197.307 to provide
only clear and objective standards, the standards must be clear and objective on the face of the
ordinance.
(9) Approval or denial of a permit or expedited land division shall be based upon and accompa-
nied by a brief statement that explains the criteria and standards considered relevant to the deci-
sion, states the facts relied upon in rendering the decision and explains the justification for the
decision based on the criteria, standards and facts set forth.
(10) Written notice of the approval or denial shall be given to all parties to the proceeding.
(11)(a)(A) The hearings officer or such other person as the governing body designates may ap-
prove or deny an application for a permit without a hearing if the hearings officer or other desig-
nated person gives notice of the decision and provides an opportunity for any person who is
adversely affected or aggrieved, or who is entitled to notice under paragraph (c) of this subsection,
to file an appeal.
(B) Written notice of the decision shall be mailed to those persons described in paragraph (c)
of this subsection.
(C) Notice under this subsection shall comply with ORS 197.763 (3)(a), (c), (g) and (h) and shall
describe the nature of the decision. In addition, the notice shall state that any person who is ad-
versely affected or aggrieved or who is entitled to written notice under paragraph (c) of this sub-
section may appeal the decision by filing a written appeal in the manner and within the time period
provided in the county's land use regulations. A county may not establish an appeal period that is
less than 12 days from the date the written notice of decision required by this subsection was
mailed. The notice shall state that the decision will not become final until the period for filing a
local appeal has expired. The notice also shall state that a person who is mailed written notice of
the decision cannot appeal the decision directly to the Land Use Board of Appeals under ORS
197.830.
(D) An appeal from a hearings officer's decision made without hearing under this subsection
shall be to the planning commission or governing body of the county. An appeal from such other
person as the governing body designates shall be to a hearings officer, the planning commission or
the governing body. In either case, the appeal shall be to a de novo hearing.
(E) The de novo hearing required by subparagraph (D) of this paragraph shall be the initial
evidentiary hearing required under ORS 197.763 as the basis for an appeal to the Land Use Board
of Appeals. At the de novo hearing:
(i) The applicant and other parties shall have the same opportunity to present testimony, argu-
ments and evidence as they would have had in a hearing under subsection (3) of this section before
the decision;
Enrolled Senate Bill 1051 (SB 1051-A) Page 3
(ii) The presentation of testimony, arguments and evidence shall not be limited to issues raised
in a notice of appeal; and
(iii) The decision maker shall consider all relevant testimony, arguments and evidence that are
accepted at the hearing.
(b) If a local government provides only a notice of the opportunity to request a hearing, the
local government may charge a fee for the initial hearing. The maximum fee for an initial hearing
shall be the cost to the local government of preparing for and conducting the appeal, or $250,
whichever is less. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the
initial hearing shall be refunded. The fee allowed in this paragraph shall not apply to appeals made
by neighborhood or community organizations recognized by the governing body and whose bounda-
ries include the site.
(c)(A) Notice of a decision under paragraph (a) of this subsection shall be provided to the ap-
plicant and to the owners of record of property on the most recent property tax assessment roll
where such property is located:
(i) Within 100 feet of the property that is the subject of the notice when the subject property
is wholly or in part within an urban growth boundary;
(ii) Within 250 feet of the property that is the subject of the notice when the subject property
is outside an urban growth boundary and not within a farm or forest zone; or
(iii) Within 750 feet of the property that is the subject of the notice when the subject property
is within a farm or forest zone.
(B) Notice shall also be provided to any neighborhood or community organization recognized by
the governing body and whose boundaries include the site.
(C) At the discretion of the applicant, the local government also shall provide notice to the
Department of Land Conservation and Development.
(12) A decision described in ORS 215.402 (4)(b) shall:
(a) Be entered in a registry available to the public setting forth:
(A) The street address or other easily understood geographic reference to the subject property;
(B) The date of the decision; and
(C) A description of the decision made.
(b) Be subject to the jurisdiction of the Land Use Board of Appeals in the same manner as a
limited land use decision.
(c) Be subject to the appeal period described in ORS 197.830 (5)(b).
(13) At the option of the applicant, the local government shall provide notice of the decision
described in ORS 215.402 (4)(b) in the manner required by ORS 197.763 (2), in which case an appeal
to the board shall be filed within 21 days of the decision. The notice shall include an explanation
of appeal rights.
(14) Notwithstanding the requirements of this section, a limited land use decision shall be sub-
ject to the requirements set forth in ORS 197.195 and 197.828.
SECTION 3. ORS 227.175 is amended to read:
227.175. (1) When required or authorized by a city, an owner of land may apply in writing to the
hearings officer, or such other person as the city council designates, for a permit or zone change,
upon such forms and in such a manner as the city council prescribes. The governing body shall es-
tablish fees charged for processing permits at an amount no more than the actual or average cost
of providing that service.
(2) The governing body of the city shall establish a consolidated procedure by which an appli-
cant may apply at one time for all permits or zone changes needed for a development project. The
consolidated procedure shall be subject to the time limitations set out in ORS 227.178. The consol-
idated procedure shall be available for use at the option of the applicant no later than the time of
the first periodic review of the comprehensive plan and land use regulations.
(3) Except as provided in subsection (10) of this section, the hearings officer shall hold at least
one public hearing on the application.
Enrolled Senate Bill 1051 (SB 1051-A) Page 4
(4)(a) [The application shall not be approved] A city may not approve an application unless
the proposed development of land would be in compliance with the comprehensive plan for the city
and other applicable land use regulation or ordinance provisions. The approval may include such
conditions as are authorized by ORS 227.215 or any city legislation.
(b)(A) A city may not deny an application for a housing development located within the
urban growth boundary if the development complies with clear and objective standards, in-
cluding but not limited to clear and objective design standards contained in the city com-
prehensive plan or land use regulations.
(B) This paragraph does not apply to:
(i) Applications or permits for residential development in areas described in ORS 197.307
(5); or
(ii) Applications or permits reviewed under an alternative approval process adopted under
ORS 197.307 (6).
(c) A city may not reduce the density of an application for a housing development if:
(A) The density applied for is at or below the authorized density level under the local land
use regulations; and
(B) At least 75 percent of the floor area applied for is reserved for housing.
(d) A city may not reduce the height of an application for a housing development if:
(A) The height applied for is at or below the authorized height level under the local land
use regulations;
(B) At least 75 percent of the floor area applied for is reserved for housing; and
(C) Reducing the height has the effect of reducing the authorized density level under lo-
cal land use regulations.
(e) Notwithstanding paragraphs (c) and (d) of this subsection, a city may reduce the
density or height of an application for a housing development if the reduction is necessary
to resolve a health, safety or habitability issue or to comply with a protective measure
adopted pursuant to a statewide land use planning goal.
(f) As used in this subsection:
(A) "Authorized density level' means the maximum number of lots or dwelling units or
the maximum floor area ratio that is permitted under local land use regulations.
(B) "Authorized height level' means the maximum height of a structure that is permit-
ted under local land use regulations.
(C) "Habitability" means being in compliance with the applicable provisions of the state
building code under ORS chapter 455 and the rules adopted thereunder.
(5) Hearings under this section may be held only after notice to the applicant and other inter-
ested persons and shall otherwise be conducted in conformance with the provisions of ORS 197.763.
(6) Notice of a public hearing on a zone use application shall be provided to the owner of an
airport, defined by the Oregon Department of Aviation as a "public use airport" if:
(a) The name and address of the airport owner has been provided by the Oregon Department
of Aviation to the city planning authority; and
(b) The property subject to the zone use hearing is:
(A) Within 5,000 feet of the side or end of a runway of an airport determined by the Oregon
Department of Aviation to be a "visual airport"; or
(B) Within 10,000 feet of the side or end of the runway of an airport determined by the Oregon
Department of Aviation to be an "instrument airport."
(7) Notwithstanding the provisions of subsection (6) of this section, notice of a zone use hearing
need only be provided as set forth in subsection (6) of this section if the permit or zone change
would only allow a structure less than 35 feet in height and the property is located outside of the
runway "approach surface" as defined by the Oregon Department of Aviation.
(S) If an application would change the zone of property that includes all or part of a mobile
home or manufactured dwelling park as defined in ORS 446.003, the governing body shall give
written notice by first class mail to each existing mailing address for tenants of the mobile home
Enrolled Senate Bill 1051 (SB 1051-A) Page 5
or manufactured dwelling park at least 20 days but not more than 40 days before the date of the
first hearing on the application. The governing body may require an applicant for such a zone
change to pay the costs of such notice.
(9) The failure of a tenant or an airport owner to receive a notice which was mailed shall not
invalidate any zone change.
(10)(a)(A) The hearings officer or such other person as the governing body designates may ap-
prove or deny an application for a permit without a hearing if the hearings officer or other desig-
nated person gives notice of the decision and provides an opportunity for any person who is
adversely affected or aggrieved, or who is entitled to notice under paragraph (c) of this subsection,
to file an appeal.
(B) Written notice of the decision shall be mailed to those persons described in paragraph (c)
of this subsection.
(C) Notice under this subsection shall comply with ORS 197.763 (3)(a), (c), (g) and (h) and shall
describe the nature of the decision. In addition, the notice shall state that any person who is ad-
versely affected or aggrieved or who is entitled to written notice under paragraph (c) of this sub-
section may appeal the decision by filing a written appeal in the manner and within the time period
provided in the city's land use regulations. A city may not establish an appeal period that is less
than 12 days from the date the written notice of decision required by this subsection was mailed.
The notice shall state that the decision will not become final until the period for filing a local ap-
peal has expired. The notice also shall state that a person who is mailed written notice of the de-
cision cannot appeal the decision directly to the Land Use Board of Appeals under QRS 197.830.
(D) An appeal from a hearings officer's decision made without hearing under this subsection
shall be to the planning commission or governing body of the city. An appeal from such other person
as the governing body designates shall be to a hearings officer, the planning commission or the
governing body. In either case, the appeal shall be to a de novo hearing.
(E) The de novo hearing required by subparagraph (D) of this paragraph shall be the initial
evidentiary hearing required under ORS 197.763 as the basis for an appeal to the Land Use Board
of Appeals. At the de novo hearing:
(i) The applicant and other parties shall have the same opportunity to present testimony, argu-
ments and evidence as they would have had in a hearing under subsection (3) of this section before
the decision;
(ii) The presentation of testimony, arguments and evidence shall not be limited to issues raised
in a notice of appeal; and
(iii) The decision maker shall consider all relevant testimony, arguments and evidence that are
accepted at the hearing.
(b) If a local government provides only a notice of the opportunity to request a hearing, the
local government may charge a fee for the initial hearing. The maximum fee for an initial hearing
shall be the cost to the local government of preparing for and conducting the appeal, or $250,
whichever is less. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the
initial hearing shall be refunded. The fee allowed in this paragraph shall not apply to appeals made
by neighborhood or community organizations recognized by the governing body and whose bounda-
ries include the site.
(c)(A) Notice of a decision under paragraph (a) of this subsection shall be provided to the ap-
plicant and to the owners of record of property on the most recent property tax assessment roll
where such property is located:
(i) Within 100 feet of the property that is the subject of the notice when the subject property
is wholly or in part within an urban growth boundary;
(ii) Within 250 feet of the property that is the subject of the notice when the subject property
is outside an urban growth boundary and not within a farm or forest zone; or
(iii) Within 750 feet of the property that is the subject of the notice when the subject property
is within a farm or forest zone.
Enrolled Senate Bill 1061 (SB 1051-A) Page 6
(B) Notice shall also be provided to any neighborhood or community organization recognized by
the governing body and whose boundaries include the site.
(C) At the discretion of the applicant, the local government also shall provide notice to the
Department of Land Conservation and Development.
(11) A decision described in ORS 227.160 (2)(b) shall:
(a) Be entered in a registry available to the public setting forth:
(A) The street address or other easily understood geographic reference to the subject property;
(B) The date of the decision; and
(C) A description of the decision made.
(b) Be subject to the jurisdiction of the Land Use Board of Appeals in the same manner as a
limited land use decision.
(c) Be subject to the appeal period described in ORS 197.830 (5)(b).
(12) At the option of the applicant, the local government shall provide notice of the decision
described in ORS 227.160 (2)(b) in the manner required by ORS 197.763 (2), in which case an appeal
to the board shall be filed within 21 days of the decision. The notice shall include an explanation
of appeal rights.
(13) Notwithstanding other requirements of this section, limited land use decisions shall be
subject to the requirements set forth in ORS 197.195 and 197.828.
SECTION 4. ORS 197.303 is amended to read:
197,303. (1) As used in ORS 197.307, "needed housing" means all housing [types] on land zoned
for residential use or mixed residential and commercial use that is determined to meet the need
shown for housing within an urban growth boundary at [particular] price ranges and rent levels[,
including] that are affordable to households within the county with a variety of incomes, in-
cluding but not limited to households with low incomes, very low incomes and extremely low
incomes, as those terms are defined by the United States Department of Housing and Urban
Development under 42 U.S.C. 1487a. "Needed housing" includes [at least] the following housing
types:
(a) Attached and detached single-family housing and multiple family housing for both owner and
renter occupancy;
(b) Government assisted housing;
(c) Mobile home or manufactured dwelling parks as provided in ORS 197.475 to 197.490;
(d) Manufactured homes on individual lots planned and zoned for single-family residential use
that are in addition to lots within designated manufactured dwelling subdivisions; and
(e) Housing for farmworkers.
(2) Subsection (1)(a) and (d) of this section [shall] does not apply to:
(a) A city with a population of less than 2,500.
(b) A county with a population of less than 15,000.
(3) A local government may take an exception under ORS 197.732 to the definition of "needed
housing" in subsection (1) of this section in the same manner that an exception may be taken under
the goals.
SECTION 5. ORS 197.307 is amended to read:
197.307. (1) The availability of affordable, decent, safe and sanitary housing opportunities for
persons of lower, middle and fixed income, including housing for farmworkers, is a matter of state-
wide concern.
(2) Many persons of lower, middle and fixed income depend on government assisted housing as
a source of affordable, decent, safe and sanitary housing.
(3) When a need has been shown for housing within an urban growth boundary at particular
price ranges and rent levels, needed housing shall be permitted in one or more zoning districts or
in zones described by some comprehensive plans as overlay zones with sufficient buildable land to
satisfy that need.
(4) Except as provided in subsection (6) of this section, a local government may adopt and apply
only clear and objective standards, conditions and procedures regulating the development of hous-
Enrolled Senate Bill 1051 (SB 1051-A) Page 7
ing, including needed housing [on buildable land described in subsection (3) of this section]. The
standards, conditions and procedures:
(a) May include, but are not limited to, one or more provisions regulating the density or
height of a development.
(b) May not have the effect, either in themselves or cumulatively, of discouraging needed
housing through unreasonable cost or delay.
(5) The provisions of subsection (4) of this section do not apply to:
(a) An application or permit for residential development in an area identified in a formally
adopted central city plan, or a regional center as defined by Metro, in a city with a population of
500,000 or more.
(b) An application or permit for residential development in historic areas designated for pro-
tection under a land use planning goal protecting historic areas.
(6) In addition to an approval process for needed housing based on clear and objective stand-
ards, conditions and procedures as provided in subsection (4) of this section, a local government may
adopt and apply an alternative approval process for applications and permits for residential devel-
opment based on approval criteria regulating, in whole or in part, appearance or aesthetics that are
not clear and objective if:
(a) The applicant retains the option of proceeding under the approval process that meets the
requirements of subsection (4) of this section;
(b) The approval criteria for the alternative approval process comply with applicable statewide
land use planning goals and rules; and
(c) The approval criteria for the alternative approval process authorize a density at or above
the density level authorized in the zone under the approval process provided in subsection (4) of this
section.
(7) Subject to subsection (4) of this section, this section does not infringe on a local
government's prerogative to:
(a) Set approval standards under which a particular housing type is permitted outright;
(b) Impose special conditions upon approval of a specific development proposal; or
(c) Establish approval procedures.
(8) In accordance with subsection (4) of this section and ORS 197.314, a jurisdiction may adopt
any or all of the following placement standards, or any less restrictive standard, for the approval
of manufactured homes located outside mobile home parks:
(a) The manufactured home shall be multisectional and enclose a space of not less than 1,000
square feet.
(b) The manufactured home shall be placed on an excavated and back-filled foundation and en-
closed at the perimeter such that the manufactured home is located not more than 12 inches above
grade.
(c) The manufactured home shall have a pitched roof, except that no standard shall require a
slope of greater than a nominal three feet in height for each 12 feet in width.
(d) The manufactured home shall have exterior siding and roofing which in color, material and
appearance is similar to the exterior siding and roofing material commonly used on residential
dwellings within the community or which is comparable to the predominant materials used on sur-
rounding dwellings as determined by the local permit approval authority.
(e) The manufactured home shall be certified by the manufacturer to have an exterior thermal
envelope meeting performance standards which reduce levels equivalent to the performance stand-
ards required of single-family dwellings constructed under the state building code as defined in ORS
455.010.
(f) The manufactured home shall have a garage or carport constructed of like materials. A ju-
risdiction may require an attached or detached garage in lieu of a carport where such is consistent
with the predominant construction of immediately surrounding dwellings.
(g) In addition to the provisions in paragraphs (a) to (f) of this subsection, a city or county may
subject a manufactured home and the lot upon which it is sited to any development standard, ar-
Enrolled Senate Bill 1051 (SB 1051-A) Page 8
chitectural requirement and minimum size requirement to which a conventional single-family resi-
dential dwelling on the same lot would be subject.
SECTION 6. ORS 197.312 is amended to read:
197.312. (1) A city or county may not by charter prohibit from all residential zones attached or
detached single-family housing, multifamily housing for both owner and renter occupancy or manu-
factured homes. A city or county may not by charter prohibit government assisted housing or impose
additional approval standards on government assisted housing that are not applied to similar but
unassisted housing.
(2)(a) A single-family dwelling for a farmworker and the farmworker's immediate family is a
permitted use in any residential or commercial zone that allows single-family dwellings as a per-
mitted use.
(b) A city or county may not impose a zoning requirement on the establishment and maintenance
of a single-family dwelling for a farmworker and the farmworker's immediate family in a residential
or commercial zone described in paragraph (a) of this subsection that is more restrictive than a
zoning requirement imposed on other single-family dwellings in the same zone.
(3)(a) Multifamily housing for farmworkers and farmworkers' immediate families is a permitted
use in any residential or commercial zone that allows multifamily housing generally as a permitted
use.
(b) A city or county may not impose a zoning requirement on the establishment and maintenance
of multifamily housing for farmworkers and farmworkers' immediate families in a residential or
commercial zone described in paragraph (a) of this subsection that is more restrictive than a zoning
requirement imposed on other multifamily housing in the same zone.
(4) A city or county may not prohibit a property owner or developer from maintaining a real
estate sales office in a subdivision or planned community containing more than 50 lots or dwelling
units for the sale of lots or dwelling units that remain available for sale to the public.
(5)(a) A city with a population greater than 2,500 or a county with a population greater
than 15,000 shall allow in areas zoned for detached single-family dwellings the development
of at least one accessory dwelling unit for each detached single-family dwelling, subject to
reasonable local regulations relating to siting and design.
(b) As used in this subsection, "accessory dwelling unit" means an interior, attached or
detached residential structure that is used in connection with or that is accessory to a
single-family dwelling.
SECTION 7. ORS 215.441 is amended to read:
215.441. (i) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresiden-
tial place of worship is allowed on real property under state law and rules and local zoning ordi-
nances and regulations, a county shall allow the reasonable use of the real property for activities
customarily associated with the practices of the religious activity, including [worship services, reli-
gion classes, weddings, funerals, child care and meal programs, but not including private or parochial
school education for prekindergarten through grade 12 or higher education.]:
(a) Worship services.
(b) Religion classes.
(c) Weddings.
(d) Funerals.
(e) Meal programs.
(f) Child care, but not including private or parochial school education for prekindergarten
through grade 12 or higher education.
(g) Providing housing or space for housing in a building that is detached from the place
of worship, provided:
(A) At least 50 percent of the residential units provided under this paragraph are af-
fordable to households with incomes equal to or less than 60 percent of the median family
income for the county in which the real property is located;
Enrolled Senate Bill 1061 (SB 1051-A) Page 9
(B) The real property is in an area zoned for residential use that is located within the
urban growth boundary; and
(C) The housing or space for housing complies with applicable land use regulations and
meets the standards and criteria for residential development for the underlying zone.
(2) A county may:
(a) Subject real property described in subsection (1) of this section to reasonable regulations,
including site review or design review, concerning the physical characteristics of the uses author-
ized under subsection (1) of this section; or
(b) Prohibit or restrict the use of real property by a place of worship described in subsection
(1) of this section if the county finds that the level of service of public facilities, including trans-
portation, water supply, sewer and storm drain systems is not adequate to serve the place of worship
described in subsection (1) of this section.
(3) Notwithstanding any other provision of this section, a county may allow a private or paro-
chial school for prekindergarten through grade 12 or higher education to be sited under applicable
state law and rules and local zoning ordinances and regulations.
(4) Housing and space for housing provided under subsection (1)(g) of this section must
be subject to a covenant appurtenant that restricts the owner and each successive owner
of the building or any residential unit contained in the building from selling or renting any
residential unit described in subsection (1)(g)(A) of this section as housing that is not af-
fordable to households with incomes equal to or less than 60 percent of the median family
income for the county in which the real property is located for a period of 60 years from the
date of the certificate of occupancy.
SECTION 8. ORS 227.500 is amended to read:
227.500. (1) If a church, synagogue, temple, mosque, chapel, meeting house or other nonresiden-
tial place of worship is allowed on real property under state law and rules and local zoning ordi-
nances and regulations, a city shall allow the reasonable use of the real property for activities
customarily associated with the practices of the religious activity, including [worship services, reli-
gion classes, weddings, funerals, child care and meal programs, but not including private or parochial
school education for prekindergarten through grade 12 or higher education.]:
(a) Worship services.
(b) Religion classes.
(c) Weddings.
(d) Funerals.
(e) Meal programs.
(f) Child care, but not including private or parochial school education for prekindergarten
through grade 12 or higher education.
(g) Providing housing or space for housing in a building that is detached from the place
of worship, provided:
(A) At least 50 percent of the residential units provided under this paragraph are af-
fordable to households with incomes equal to or less than 60 percent of the median family
income for the county in which the real property is located;
(B) The real property is in an area zoned for residential use that is located within the
urban growth boundary; and
(C) The housing or space for housing complies with applicable land use regulations and
meets the standards and criteria for residential development for the underlying zone.
(2) A city may:
(a) Subject real property described in subsection (1) of this section to reasonable regulations,
including site review and design review, concerning the physical characteristics of the uses au-
thorized under subsection (1) of this section; or
(b) Prohibit or regulate the use of real property by a place of worship described in subsection
(1) of this section if the city finds that the level of service of public facilities, including transporta-
Enrolled Senate Bill 1051 (SB 1051-A) Page 10
tion, water supply, sewer and storm drain systems is not adequate to serve the place of worship
described in subsection (1) of this section.
(3) Notwithstanding any other provision of this section, a city may allow a private or parochial
school for prekindergarten through grade 12 or higher education to be sited under applicable state
law and rules and local zoning ordinances and regulations.
(4) Housing and space for housing provided under subsection (1)(g) of this section must
be subject to a covenant appurtenant that restricts the owner and each successive owner
of the building or any residential unit contained in the building from selling or renting any
residential unit described in subsection (1)(g)(A) of this section as housing that is not af-
fordable to households with incomes equal to or less than 60 percent of the median family
income for the county in which the real property is located for a period of 60 years from the
date of the certificate of occupancy.
SECTION 9. ORS 197.178 is amended to read:
197.178. (1) Local governments with comprehensive plans or functional plans that are identified
in ORS 197.296 (1) shall compile and report annually to the Department of Land Conservation and
Development the following information for all applications received under ORS 227.175 for residen-
tial permits and residential zone changes:
(a) The total number of complete applications received for residential development, [including
the net residential density proposed in the application and the maximum allowed net residential density
for the subject zone] and the number of applications approved;
[(b) The number of applications approved, including the approved net density; and]
[(c) The date each application was received and the date it was approved or denied.]
(b) The total number of complete applications received for development of housing con-
taining one or more housing units that are sold or rented below market rate as part of a
local, state or federal housing assistance program, and the number of applications approved;
and
(c) For each complete application received:
(A) The date the application was received;
(B) The date the application was approved or denied;
(C) The net residential density proposed in the application;
(D) The maximum allowed net residential density for the subject zone; and
(E) If approved, the approved net residential density.
(2) The report required by this section may be submitted electronically.
SECTION 10. ORS 215.427 is amended to read:
215.427. (1) Except as provided in subsections (3), (5) and (10) of this section, for land within an
urban growth boundary and applications for mineral aggregate extraction, the governing body of a
county or its designee shall take final action on an application for a permit, limited land use deci-
sion or zone change, including resolution of all appeals under ORS 215.422, within 120 days after the
application is deemed complete. The governing body of a county or its designee shall take final
action on all other applications for a permit, limited land use decision or zone change, including
resolution of all appeals under ORS 215.422, within 150 days after the application is deemed com-
plete, except as provided in subsections (3), (5) and (10) of this section.
(2) If an application for a permit, limited land use decision or zone change is incomplete, the
governing body or its designee shall notify the applicant in writing of exactly what information is
missing within 30 days of receipt of the application and allow the applicant to submit the missing
information. The application shall be deemed complete for the purpose of subsection (1) of this sec-
tion and section 1 of this 2017 Act upon receipt by the governing body or its designee of:
(a) All of the missing information;
(b) Some of the missing information and written notice from the applicant that no other infor-
mation will be provided; or
(c) Written notice from the applicant that none of the missing information will be provided.
Enrolled Senate Bill 1051 (SB 1051-A) Page 11
(3)(a) If the application was complete when first submitted or the applicant submits additional
information, as described in subsection (2) of this section, within 180 days of the date the application
was first submitted and the county has a comprehensive plan and land use regulations acknowledged
under ORS 197.251, approval or denial of the application shall be based upon the standards and
criteria that were applicable at the time the application was first submitted.
(b) If the application is for industrial or traded sector development of a site identified under
section 12, chapter 800, Oregon Laws 2003, and proposes an amendment to the comprehensive plan,
approval or denial of the application must be based upon the standards and criteria that were ap-
plicable at the time the application was first submitted, provided the application complies with
paragraph (a) of this subsection.
(4) On the 181st day after first being submitted, the application is void if the applicant has been
notified of the missing information as required under subsection (2) of this section and has not
submitted:
(a) All of the missing information;
(b) Some of the missing information and written notice that no other information will be pro-
vided; or
(c) Written notice that none of the missing information will be provided.
(5) The period set in subsection (1) of this section or the 100 -day period set in section 1 of
this 2017 Act may be extended for a specified period of time at the written request of the applicant.
The total of all extensions, except as provided in subsection (10) of this section for mediation, may
not exceed 215 days.
(6) The period set in subsection (1) of this section applies:
(a) Only to decisions wholly within the authority and control of the governing body of the
county; and
(b) Unless the parties have agreed to mediation as described in subsection (10) of this section
or ORS 197.319 (2)(b).
(7) Notwithstanding subsection (6) of this section, the period set in subsection (1) of this section
and the 100 -day period set in section. 1 of this 2017 Act do [does] not apply to a decision of the
county making a change to an acknowledged comprehensive plan or a land use regulation that is
submitted to the Director of the Department of Land Conservation and Development under ORS
197.610.
(8) Except when an applicant requests an extension under subsection (5) of this section, if the
governing body of the county or its designee does not take final action on an application for a
permit, limited land use decision or zone change within 120 days or 150 days, as applicable, after
the application is deemed complete, the county shall refund to the applicant either the unexpended
portion of any application fees or deposits previously paid or 50 percent of the total amount of such
fees or deposits, whichever is greater. The applicant is not liable for additional governmental fees
incurred subsequent to the payment of such fees or deposits. However, the applicant is responsible
for the costs of providing sufficient additional information to address relevant issues identified in
the consideration of the application.
(9) A county may not compel an applicant to waive the period set in subsection (1) of this sec-
tion or to waive the provisions of subsection (8) of this section or ORS 215.429 or section 1 of this
2017 Act as a condition for taking any action on an application for a permit, limited land use de-
cision or zone change except when such applications are filed concurrently and considered jointly
with a plan amendment.
(10) The periods set forth in [subsection (1)] subsections (1) and (5) of this section and section
1 of this 2017 Act [and the period set forth in subsection (5) of this section] may be extended by up
to 90 additional days, if the applicant and the county agree that a dispute concerning the application
will be mediated.
SECTION 11. ORS 227.178 is amended to read:
227.178. (1) Except as provided in subsections (3), (5) and (11) of this section, the governing body
of a city or its designee shall take final action on an application for a permit, limited land use de -
Enrolled Senate Bill 1051 (SB 1051-A) Page 12
cision or zone change, including resolution of all appeals under ORS 227.180, within 120 days after
the application is deemed complete.
(2) If an application for a permit, limited land use decision or zone change is incomplete, the
governing body or its designee shall notify the applicant in writing of exactly what information is
missing within 30 days of receipt of the application and allow the applicant to submit the missing
information. The application shall be deemed complete for the purpose of subsection (1) of this sec-
tion or section 1 of this 2017 Act upon receipt by the governing body or its designee of-
(a)
£(a) All of the missing information;
(b) Some of the missing information and written notice from the applicant that no other infor-
mation will be provided; or
(c) Written notice from the applicant that none of the missing information will be provided.
(3)(a) If the application was complete when first submitted or the applicant submits the re-
quested additional information within 180 days of the date the application was first submitted and
the city has a comprehensive plan and land use regulations acknowledged under ORS 197.251, ap-
proval or denial of the application shall be based upon the standards and criteria that were appli-
cable at the time the application was first submitted.
(b) If the application is for industrial or traded sector development of a site identified under
section 12, chapter 800, Oregon Laws 2003, and proposes an amendment to the comprehensive plan,
approval or denial of the application must be based upon the standards and criteria that were ap-
plicable at the time the application was first submitted, provided the application complies with
paragraph (a) of this subsection.
(4) On the 181st day after first being submitted, the application is void if the applicant has been
notified of the missing information as required under subsection (2) of this section and has not
submitted:
(a) All of the missing information;
(b) Some of the missing information and written notice that no other information will be pro-
vided; or
(c) Written notice that none of the missing information will be provided.
(5) The 120 -day period set in subsection (1) of this section or the 100 -day period set in section
1 of this 2017 Act may be extended for a specified period of time at the written request of the ap-
plicant. The total of all extensions, except as provided in subsection (11) of this section for medi-
ation, may not exceed 245 days.
(6) The 120 -day period set in subsection (1) of this section applies:
(a) Only to decisions wholly within the authority and control of the governing body of the city;
and
(b) Unless the parties have agreed to mediation as described in subsection (11) of this section
or ORS 197.319 (2)(b).
(7) Notwithstanding subsection (6) of this section, the 120 -day period set in subsection (1) of this
section and the 100 -day period set in section 1 of this 2017 Act do [does] not apply to a decision
of the city making a change to an acknowledged comprehensive plan or a land use regulation that
is submitted to the Director of the Department of Land Conservation and Development under ORS
197.610.
(8) Except when an applicant requests an extension under subsection (5) of this section, if the
governing body of the city or its designee does not take final action on an application for a permit,
limited land use decision or zone change within 120 days after the application is deemed complete,
the city shall refund to the applicant, subject to the provisions of subsection (9) of this section, ei-
ther the unexpended portion of any application fees or deposits previously paid or 50 percent of the
total amount of such fees or deposits, whichever is greater. The applicant is not liable for additional
governmental fees incurred subsequent to the payment of such fees or deposits. However, the ap-
plicant is responsible for the costs of providing sufficient additional information to address relevant
issues identified in the consideration of the application.
(9)(a) To obtain a refund under subsection (8) of this section, the applicant may either:
Enrolled Senate Bill 1051 (SB 1051-A) Page 13
(A) Submit a written request for payment, either by mail or in person, to the city or its designee;
or
(B) Include the amount claimed in a mandamus petition filed under ORS 227.179. The court shall
award an amount owed under this section in its final order on the petition.
(b) Within seven calendar days of receiving a request for a refund, the city or its designee shall
determine the amount of any refund owed. Payment, or notice that no payment is due, shall be made
to the applicant within 30 calendar days of receiving the request. Any amount due and not paid
within 30 calendar days of receipt of the request shall be subject to interest charges at the rate of
one percent per month, or a portion thereof.
(c) If payment due under paragraph (b) of this subsection is not paid within 120 days after the
city or its designee receives the refund request, the applicant may file an action for recovery of the
unpaid refund. In an action brought by a person under this paragraph, the court shall award to a
prevailing applicant, in addition to the relief provided in this section, reasonable attorney fees and
costs at trial and on appeal. If the city or its designee prevails, the court shall award reasonable
attorney fees and costs at trial and on appeal if the court finds the petition to be frivolous.
(10) A city may not compel an applicant to waive the 120 -day period set in subsection (1) of this
section or to waive the provisions of subsection (8) of this section or ORS 227.179 or section 1 of
this 2017 Act as a condition for taking any action on an application for a permit, limited land use
decision or zone change except when such applications are filed concurrently and considered jointly
with a plan amendment.
(11) The [period] periods set forth in [subsection (1)] subsections (1) and (5) of this section and
section 1 of this 2017 Act [and the period set forth in subsection (5) of this section] may be extended
by up to 90 additional days, if the applicant and the city agree that a dispute concerning the ap-
plication will be mediated.
SECTION 12. The amendments to ORS 197.312, 215.416 and 227.175 by sections 2, 3 and 6
of this 2017 Act become operative on July 1, 2018.
SECTION 13. (1) Section 1 of this 2017 Act and the amendments to ORS 197.178, 197.303,
197.307, 215.427, 215.441, 227.178 and 227.500 by sections 4, 5 and 7 to 11 of this 2017 Act apply
to permit applications submitted for review on or after the effective date of this 2017 Act.
(2) The amendments to ORS 215.416 and 227.175 by sections 2 and 3 of this 2017 Act apply
to applications for housing development submitted for review on or after July 1, 2018.
(3) The amendments to ORS 197.312 by section 6 of this 2017 Act apply to permit appli-
cations for accessory dwelling units submitted for review on or after July 1, 2018.
SECTION 14. This 2017 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2017 Act takes effect
on its passage.
Enrolled Senate Bill 1051 (SB 1051-A) Page 14
Passed by Senate April 18, 2017
Repassed by Senate July 7, 2017
Lori L. Brocker, Secretary of Senate
....................................... ............................. .....I........
Peter Courtney, President of Senate
Passed by House July B, 2017
.............................. I ............ 1............
Tina Kotek, Speaker of House
Received by Governor:
........................ M............................................................ 2017
Approved:
........................ M.,.......................................................... 2017
................................ I .................. ...........
Bate Brown, Governor
Filed in Office of Secretary of State:
......... ............... M............................................................ 2017
..................................................................................
Dennie Richardson, Secretary of State
Enrolled Senate Bill 1061 (SB 1061-A) Page 15
79th OREGON LEGISLATIVE ASSEMBLY --2017 Regular Session
House Bill 2893
Sponsored by Representative BUEHLER, Senator KNOPP, Representative WHISNANT; Representative STARK
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.
Requires city to evaluate for inclusion in urban growth boundary agricultural land consisting
predominantly of certain soil classifications with other first priority lands.
Directs Land Conservation and Development Commission to establish by rule certain
prioritization of lands for urban reserve designation.
1 A BILL FOR AN ACT
2 Relating to prioritization of lands for evaluation for land use planning purposes; creating new pro -
3 visions; and amending ORS 195.145 and 197A.320.
4 Be It Enacted by the People of the State of Oregon:
5 SECTION 1. ORS 197A.320 is amended to read;
6 197A.320. (1) Notwithstanding the priority in ORS 197.298 for inclusion of land within an urban
7 growth boundary, a city outside of Metro shall comply with this section when determining which
8 lands to include within the urban growth boundary of the city pursuant to ORS 197.295 to 197.314,
9 197A.310 or 197A.312.
10 (2) The Land Conservation and Development Commission shall provide, by rule, that:
11 (a) When evaluating lands for inclusion within the urban growth boundary, the city shall es -
12 tablish a study area that includes all land that is contiguous to the urban growth boundary and
13 within a distance specified by commission.
14 (b) The city shall evaluate all land in the study area for inclusion in the urban growth boundary
15 as provided in subsection (4) of this section, except for land excluded from the study area because:
16 (A) It is impracticable, as provided in subsection (3) of this section, to provide necessary public
17 facilities or services to the land.
18 (B) The land is subject to significant development hazards, including a risk of land slides, a risk
19 of flooding because the land is within the 100 -year floodplain or is subject to inundation during
20 storm surges or tsunamis, and other risks determined by the commission.
21 (C) The long-term preservation of significant scenic, natural, cultural or recreational resources
22 requires limiting or prohibiting urban development of the land that contains the resources.
23 (D) The land is owned by the federal government and managed primarily for rural uses.
24 (c) When evaluating the priority of land for inclusion under paragraph (b) of this subsection:
25 (A) The city shall evaluate the land within the study area that is designated as an urban reserve
26 under ORS 195.145 in an acknowledged comprehensive plan, land that is subject to an acknowledged
27 exception under ORS 197.732, (or] land that is nonresource land or land that is designated as
28 agricultural land in a county comprehensive plan and consists predominantly of soil classes
29 VI, VII or VIII, including soils contained in a soil complex, as determined by the United
30 States Department of Agriculture Natural Resources Conservation Service, and select as much
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing taw to be omitted.
New sections are in boldfaced type.
LC 1503
HB 2893
1 of the land as necessary to satisfy the need for land using criteria established by the commission
2 and criteria in an acknowledged comprehensive plan and land use regulations.
3 (B) If the amount of land appropriate for selection under subparagraph (A) of this paragraph is
4 not sufficient to satisfy the need for land, the city shall evaluate the land within the study area that
5 is designated as marginal land under ORS 197.247 (1991 Edition) in the acknowledged comprehensive
6 plan and select as much of the land as necessary to satisfy the need for land using criteria estab-
7 lished by the commission and criteria in an acknowledged comprehensive plan and land use regu-
8 lations.
9 (C) If the amount of land appropriate for selection under subparagraphs (A) and (B) of this
10 paragraph is not sufficient to satisfy the amount of land needed, the city shall evaluate land within
11 the study area that is designated for agriculture or forest uses in the acknowledged comprehensive
12 plan that is not predominantly high-value farmland, as defined in ORS 195.300, or does not consist
13 predominantly of prime or unique soils, as determined by the United States Department of Agricul-
14 ture Natural Resources Conservation Service, and select as much of that land as necessary to satisfy
15 the need for land:
16 (i) Using criteria established by the commission and criteria in an acknowledged comprehensive
17 plan and land use regulations; and
18 (ii) Using the predominant capability classification system or the predominant cubic site class,
19 as appropriate for the acknowledged comprehensive plan designation, to select lower capability or
20 cubic site class lands first.
21 (D) If the amount of land appropriate for selection under subparagraphs (A) to (C) of this para -
22 graph is not sufficient to satisfy the need for land, the city shall evaluate land within the study area
23 that is designated as agricultural land in an acknowledged comprehensive plan and is predominantly
24 high value farmland and select as much of that land as necessary to satisfy the need for land. A
25 local government may not select land that is predominantly made up of prime or unique farm soils,
26 as defined by the United States Department of Agriculture Natural Resources Conservation Service,
27 unless there is an insufficient amount of other land to satisfy its land need.
28 (3) For purposes of subsection (2)(b)(A) of this section, the commission shall determine
29 impracticability by rule, considering the likely amount of development that could occur on the lands
30 within the planning period, the likely cost of facilities and services, physical, topographical or other
31 impediments to service provision and whether urban development has occurred on similarly situated
32 lands such that it is likely that the lands will be developed at an urban level during the planning
33 period. When impracticability is primarily a result of existing development patterns, the rules of the
34 commission shall require that the lands be included within the study area, but may allow the de -
35 velopment capacity forecast for the lands to be specified at a lower level over the planning period.
36 The rules of the commission must be based on an evaluation of how similarly situated lands have,
37 or have not, developed over time.
38 (4) For purposes of subsection (2)(b)(C) of this section, the commission by rule shall determine
39 the circumstances in which and the resources to which this exclusion will apply.
40 (5) Notwithstanding subsection (2)(c)(D) of this section, the rules must allow land that would
41 otherwise be excluded from an urban growth boundary to be included if:
42 (a) The land contains a small amount of resource land that is not important to the commercial
43 agricultural enterprise in the area and the land must be included to connect a nearby and signif-
44 icantly larger area of land of higher priority for inclusion within the urban growth boundary; or
45 (b) The land contains a small amount of resource land that is not predominantly high-value
[2l
HB 2893
1 farmland or predominantly made up of prime or unique farm soils and the land is completely sur -
2 rounded by land of higher priority for inclusion into the urban growth boundary.
3 (6) When the primary purpose for expansion of the urban growth boundary is to accommodate
4 a particular industry use that requires specific site characteristics, or to accommodate a public fa -
5 cility that requires specific site characteristics and the site characteristics may be found in only a
6 small number of locations, the city may limit the study area to land that has, or could be improved
7 to provide, the required site characteristics. Lands included within an urban growth boundary for
8 a particular industrial use, or a particular public facility, must remain planned and zoned for the
9 intended use:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
(a) Except as allowed by rule of the commission that is based on a significant change in cir-
cumstance or the passage of time; or
(b) Unless the city removes the land from within the urban growth boundary.
(7) Notwithstanding any other provision of this section, the commission may adopt rules that
specify circumstances under which a city may exchange land within the urban growth boundary of
the city for land that is outside of the urban growth boundary and that is designed to avoid adverse
effects of an exchange on agricultural or forest operations in the surrounding area.
SECTION 2. ORS 195.145 is amended to read:
195.145. (1) To ensure that the supply of land available for urbanization is maintained:
(a) Local governments may cooperatively designate lands outside urban growth boundaries as
urban reserves subject to ORS 197.610 to 197.625 and 197.626.
(b) Alternatively, a metropolitan service district established under ORS chapter 268 and a
county may enter into a written agreement pursuant to ORS 190.003 to 190.130, 195.025 or 197.652
to 197.658 to designate urban reserves. A process and criteria developed pursuant to this paragraph
are an alternative to a process or criteria adopted pursuant to paragraph (a) of this subsection.
(2)(a) The Land Conservation and Development Commission may require a local government to
designate an urban reserve pursuant to subsection (1)(a) of this section during its periodic review
in accordance with the conditions for periodic review under ORS 197.628.
(b) Notwithstanding paragraph (a) of this subsection, the commission may require a local gov-
ernment to designate an urban reserve pursuant to subsection (1)(a) of this section outside of its
periodic review if:
(A) The local government is located inside a Primary Metropolitan Statistical Area or a Met-
ropolitan Statistical Area as designated by the Federal Census Bureau upon November 4, 1993; and
(B) The local government has been required to designate an urban reserve by rule prior to No-
vember 4, 1993.
(3) In carrying out subsections (1) and (2) of this section:
(a) Within an urban reserve, neither the commission nor any local government shall prohibit the
siting on a legal parcel of a single family dwelling that would otherwise have been allowed under
law existing prior to designation as an urban reserve.
(b) The commission shall provide to local governments a list of options, rather than prescribing
a single planning Leclinique, to ensure the efficient transition from rural to urban use in urban re-
serves.
42 (4) Urban reserves designated by a metropolitan service district and a county pursuant to sub -
43 section (1)(b) of this section must be planned to accommodate population and employment growth for
44 at least 20 years, and not more than 30 years, after the 20 -year period for which the district has
45 demonstrated a buildable land supply in the most recent inventory, determination and analysis per -
[31
HB 2893
1 formed under ORS 197.296.
2 (5) A district and a county shall base the designation of urban reserves under subsection (1)(b)
3 of this section upon consideration of factors including, but not limited to, whether land proposed for
4 designation as urban reserves, alone or in conjunction with land inside the urban growth boundary:
5 (a) Can be developed at urban densities in a way that makes efficient use of existing and future
6 public infrastructure investments;
7 (b) Includes sufficient development capacity to support a healthy urban economy;
8 (c) Can be served by public schools and other urban -level public facilities and services efficiently
9 and cost-effectively by appropriate and financially capable service providers;
10 (d) Can be designed to be walkable and served by a well-connected system of streets by appro-
11 priate service providers;
12 (e) Can be designed to preserve and enhance natural ecological systems; and
13 (f) Includes sufficient land suitable for a range of housing types.
14 (6) A county may take an exception under ORS 197.732 to a statewide land use planning goal
15 to allow the establishment of a transportation facility in an area designated as urban reserve under
16 subsection (1)(b) of this section.
17 (7) The commission shall adopt by goal or by rule:
18 (a) A process and criteria for designating urban reserves pursuant to subsection (1)(a)
19 of this section, according to the following priorities:
20 (A) The local government shall evaluate the lands that are adjacent to or nearby an ur-
21 ban growth boundary and identified in an acknowledged comprehensive plan as an exception
22 area under ORS 197.732, resource land that is completely surrounded by exception areas that
23 are not high value crop areas, as defined by rule, or unique agricultural lands, as defined by
24 the United States Department of Agriculture, land that is nonresource land or land that is
25 designated as agricultural land in a county comprehensive plan and consists predominantly
26 of soil classes VI, VII or VIII, including soils contained in a soil complex, as determined by
27 the United States Department of Agriculture Natural Resources Conservation Service, and
28 select as much of the land as necessary to satisfy the need for land using criteria established
29 by the commission and criteria in an acluiowledged comprehensive plan and land use regn-
30 lations.
31 (B) If the amount of land appropriate for selection under subparagraph (A) of this para -
32 graph is not sufficient to satisfy the need for land, the local government shall evaluate the
33 lands that are designated as marginal land under ORS 197.247 (1991 Edition) and select as
34 much of the land as necessary to satisfy the need for land using criteria established by the
35 commission and criteria in an acknowledged comprehensive plan and land use regulations.
36 (C) If the amount of land appropriate for selection under subparagraphs (A) and (B) of
37 this paragraph is not sufficient to satisfy the need for land, the local government shall
38 evaluate land designated in the comprehensive plan for agriculture or forest uses, and select
39 as much of that land as necessary to satisfy the need for land:
40 (i) Using criteria established by the commission and criteria in an acknowledged com-
41 prehensive plan and land use regulations; and
42 (ii) Using the predominant capability classification system or the predominant cubic site
43 class, as appropriate for the acknowledged comprehensive plan designation, to select lower
44 capability or cubic site class lands first.
45 (b) A process and criteria for designating urban reserves pursuant to subsection (1)(b) of this
[4]
HB 2893
1 section.
2 SECTION 3. The amendments to ORS 195.148 and 197A.320 by sections 1 and 2 of this 2017
3 Act apply to evaluations of land occurring on or after the effective date of this 2017 Act.
[6]
I
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Work Session of October 30 2017
DATE: October 25, 2017
FROM: Kathleen Hinman, Human Resources, 541-385-3215
TITLE OF AGENDA ITEM:
AFSCME & Non -Represented Classification and Compensation Study Update
RECOMMENDATION & ACTION REQUESTED:
Review of project update and recommendations from the Steering Committee on
Compensation Philosophy, Grade Structure, Anchoring Pay, and Implementation process.
ATTENDANCE: Kathleen Hinman, HR Director and members of the Steering Team.
SUMMARY: Update to BOCC on the progress of the Compensation and Classification project.
This update will include the recommendations from the Steering Committee on Compensation
Philosophy, Grade Structure, Anchoring Pay Structure, and Implementation process.
ON)
Al
roo
blo
4-J
O
V
L
4-J
c6
buo
V)
c
+�
O
V
MR
go
a[
L
L
O
0
V
4-J
V
V
N
�
J
a -J
•�
E
•-
•E
Q.
�Op
O
N
N
Q
>
0
—
.V
.-,
pC
v
•
>
a -J
•—
_
V
4-J
4�J
E
E
�
E=
E
Q
O
vi
O
�;
0
V
V
._
N
cn
.
w
c:
-0
Q
L7
-
Lu
Z
a�
21
Ia
C:
O
O
L
.jam
N
�
N
c
a�
a
E
4-J
O
E
.N
O
U
U
�
E
�
cu
O
Q
s
u
N
N
�
N
a�
U
Ln
f6
O
�
0
0
N
L
O
N
O
N
L
iv
LJ
O
4-J
tB
E
V
f�
Q
aJ
E
U
a
V)
>
Q1
• —0
to
4-J
C6
t2
i
4�
O
N
o
E
S'
a
clid
_
EV
o
Q,
a,
4
0
vi
o
-�-+
O
O
Q
fo
i
Qj
06O
-O
_
Q
Xl
a�
O
C)
=
y
U
Q
fB
N
c
V i
�
�
°2S
L
a
m
-0
(D�
cn
a-+
a
�.
a)
O
4-J
Q,
E
O
4 -Jo
N
_0
f�
4-J
O
VO
a
E
4-1
C
Q
a
a
4
o
O
O
z
-JL
a
E
�-
cu
C
_
iA
E
W
A
A
A
0
O
A
C:
O
O
L
.jam
N
�
N
c
a�
a
O
E
.N
O
U
U
�
N
�
Q
�
N
�
N
U
Ln
f6
O
N
N
O
N
L
iv
LJ
J
4-1
tB
E
V
f�
Q
aJ
E
U
a
a"f0
W
>
m
4-j
O
a
to
t2
12
a
o
N
x
O Q
N
�
�
Q
}�
0
0.—
a-+
O
O
N
N fBCU 4-
C:
fC
O
QJ
N
L
i
�
O L
C
N s >
cu
cu
.0
Q
L- O
0
4- o
-
::3
c
-0 o
O
co
�
m a=+
�m
a
®
�
�.
•E
u
.L w
a
N
TA w
L
cu
L to C
CL
-C L
f0
a1 C f6
'C i� N
ECL
§
C- o
L
O
O
a_+
>
M.
v �' O
4'
N m p
EN
c�
CU
N
E
LJ 0-C fC
x N
C
t1A
[0
EC
4� CU
Q
N
N
au v
U �
•N
®
.F7
V
cu
�O
N
L L E
+r ccai
f0
Q�
L
U
N �+
X
Q
W
u
w
3:Lu
�m
�E
L
CL
L
LV
O
.N
CL
m �O
ttA
m
c- a
O Q
O
Tom!
N
N
H
N
E
O_.N
L
O N
-0v%
_
-0
0
O fC
LAL
U
OA
— L
dA
''' f0
(A
4-J
a
®
o3a-
C
L
C CU
N
L
V Y N
E 'N
>
E
N
L
of
.�
t
v
4= vi w
_
�N
N�cv�
O
�-'
a�
u
Q
s
CL
=3
�
C°
)a
p
CU -0
3
0
c
-a
a�
•�
L
v
(n
co i
O
'�
aO
3
3
0-0-0
L
OC
M
m
N>
>`
N
cn
v
O
O
O
m
>
O
O
Q
_
Al
A.
�
a
O
.�
400
m
L
c
O
V
ri-7
CL
O
O
c
.O
+j
V)
E
O
U
��
14
it
W
L
U
i
a -J
N
f'6
i
O
4-1O
O
v
:120
C-
w
E
C6
m
E
m
E
L-
0
c�
E
.N
.N
C-
0-
0 0-
O
cn
O
2
_O
0-
E
0)
A
O
4-j
Ln
E
O
U
KA
U
Tfl
own
V
.W
--J
Ln
to
O
4-J
N
.—
C:
fu
W
U
N
m
O
W
L
Q
ON
0
Ln
c/1
CL
V)
c�
CLG
i
'~'
N
.Q
f6 �
Q
!CL cn
Ln
o Lr)
Lr) M
�
V
L
�
Ln
N
rm
L
Q
ON
0
Ln
c/1
CL
V)
c�
CLG
i
'~'
N
.Q
f6 �
Q
!CL cn
Ln
o Lr)
Lr) M
tw
4-
Q
o
N
O
0
s
�
L
�
s
O
LM
�
cv
0
o
E
E
U
%4
N
O
mrma�
aj
aA
ca
>
m
>
>
_
O
ca
m
m
NbD
U_
c0
V
a
m
>
i
C
m
i
0
N
Ln
m
m
E
f0
v
.�
N
Q
^
N
N
m
C
u
cB
Q
s
O
V
®
'O
4-.j+
U
=
O
Q
4-
=
E
C3
M
N
N
O
E
N
Y
o
O
(�
41
O
4-
v
>
L
►-+
Q)
111
O
qA
+•+
O
E
N
LM
°
N
>
ca
E
O
+-
°
0
U
v
3—
M
o
u
m
o
�
s
�
�
�.ri
�
ate-+
Cl
o
O
+�
fB
a=
m
Q
M
mc
++
-a
O
N
c
O
E
4-
N
m
on
m
v°
`
°
U
N
�
V),�
°
C:to
M
In
,i
m
v
N
v
4-J�
N
a,
O
N
>
N
4�
c
M
O
•_'
c
N-0
cu
s
4-J
-0
O
:P
-0
a�
*-'
U
O
�.
Q
O
f0
Mm
a+
J
a-+
Q
m
s
E
4"'L
S-
Q
fa
O
�-'
ate.,
i/1
N
O
n
0
L
V)G
c(A
O
L
co
a)
a1
4
+
N
,�
L7
4-
�
N
a1
N
VI
+'
Y
U
N
M
N
�M
0
2
V
i
O
4-+
M
N
M
N
cu
to
>
fu
OLD
m
Ja
J
ow
:&
4-1
Z:
� v �
3
� � o
Qj
� a
aQj
'a a,
� o Q)� v
vkn
Lo
• • `4j
E pV)
uml C- V) p O v
N r3)a
;+j � •� o O
o O O L7 0 0 0 "� JO
- Ot3 o v Qj
O4-1
4-1 Z 4.+
C o v a v
� 3: § O a rz
Q
(U CL ami Q) v
}' O O �-+ O
Ew a O O v v
Ln aC V ac i ac
_O
V U
\>
M O
I. V
In wNow No
I
W
V
C�
0
CL
CL
Q
O
1
r�
n
2
cu
O
E
V)
V)
0
O
m
0
zr
O
>.
1
co
CL
0
a -J
CL
W
W
V
C�
0
CL
CL
Q
O
1
r�
n
2
U
Ea)
�
0
ui
O
>.
v
co
CL
E
O
S..
W
0
O
1O
4-Jz
O
.�
},
Q
V
J
4-J
v
N
�
Q
U
Now
�
i..
W
V
C�
0
CL
CL
Q
O
1
r�
n
2
e
rd
m
�
v
N
4-,
v
U
�
a
O
�
+
a
O
CL
�
O
4-+
�I
O
S
0
Nom-+
s=
O
3
Z
Qj
U
N
L
_V)
o
v
N
4J
v
a
�
O
=3
a
U
V)
W
L
i
s=
v
v
O
N
�
O
�O
�
i
o
-0v
c
vWW
a�
E
E
N
0
U
O
w
e
rd
m
�
00
00 00
d'
N
Me.
r -I
r"".
Ol o
Ln M
� N
ry i
00
:i
r -i
I"
0
Lr) 00
d- O
� N
l0
M
rn
O
L �
M
V) c
L
L �
V
V 0
O o
Iz
N
N
N
O
V
N a
M �
D)
Itt 0 n
0
O `�
00
mn
m
IM
O o
O ri
Ln
00
M
M
V)-
00
Rt
lqt
d'
0
Ln
r•I
09
CL
v
N
N
E
ca
N
f6
L
N
Z
0
M
M
0
-I-J
0
U
0r
cu
N
N
L
Q�
4-J
U
Q
0
0
N
N
0
O
v
E
0
NO
0-
N
V
0
O
co
N
>'
N
Ln
fa
NU
c
c0
m
0
0
},
O
O
o
Ln
d.
N
N
O
U
N
E
N
cn
0
NM
N
._
m
4-1
U
ca
■
a-
fB
N
c
a�
L
L
w�AA
u
0
Z >
L
0
0
m I..L
oLn
z
0 0
o
z
O 0
E•—
^ . o
1..� 0
0 �
0
o
O S. O N v
0 4J N
4-J Ln
00
C w ° > °� U-)
ECU L 4- U m N
Q.to
cu
E 4-J b.0
O CO o 'C >
Fm- U a- c ai a Q
4-J 4-1 E E I.J
a) w ..
O O v J 00 a
� �.. -0 -a a
Q Q
m
0 i
I
4-
0 0
N
0
m
L
0
0
v
0-
E
U
N
N �
ca �
cu4-
v 0
c�
v
f� 0
i
o
o 4—
w
7
m
�d
f41
_O
_U
E
E
O
U
MR
Em
DATE:
Deschutes County Board of Commissioners
1300 NW Wall St, Bend, OR 97703
(541) 388-6570 — Fax (541) 385-3202 — https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Work Session of October 30, 2017
FROM: Judith Ure, Administrative Services, 541-330-4627
TITLE OF AGENDA ITEM:
2018 Arts & Culture Grant Awards
RECOMMENDATION & ACTION REQUESTED:
Award 2018 Arts & Culture Grants
ATTENDANCE: Judith Ure, Management Analyst
SUMMARY: During the FY 2018 Video Lottery Fund allocation process, the Board of
Commissioners set aside $30,000 to fund a new grant program dedicated to supporting art and
cultural initiatives in Deschutes County. Through this program, grants are offered to local non-
profit organizations that 1) seek to increae arts and culture opportunities in Deschutes County;
2) make arts and culture education available to Deschutes County residents; and/or 3)
contrbute to the local economy.
Fifteen applications were submitted in response to the 2018 solicitation and all funding
requests total $86,000. Completed applications consist of a cover sheet, narrative,
documentation of 501(c)(3) status, the first two pages of a tax return or equivalent information,
organizational budget, activity budget, and Board of Directors roster.
Copies of the program announcement and application form, completed applications, and a
summary of completeness are attached. During the October 30 work session, the Board will
evaluate the applications and discuss awards.
Department of Administrative Services
P. O. Box 6005 ■ Bend, Oregon 97708-6005
1300 NW Wall Street, Suite 206 • Bend, Oregon 97701
(541) 388-6565 ■ FAX (541) 385-3202
Deschutes County Arts & Culture Grant Program
2017-18
The Deschutes County Department of Administrative Services is currently soliciting grant
applications from local non-profit organizations for programs or projects which 1) seek to
increase arts and culture opportunities in Deschutes County; 2) make arts and culture education
available to Deschutes County residents, and/or 3) which contribute to the local economy. A total
of $30,000 is available for multiple grant awards. Awards will be in amounts of $10,000 or less.
Applications must be received in the Deschutes County Department of Administrative Services
no later than 5:00 p.m. on September 27, 2017.
The Arts & Culture Grant program was newly created by the Board of County Commissioners
for the 2017-18 fiscal year. Funding for the program will be supplied by the County's portion of
proceeds from video lottery gaming. Programs and projects funded by video lottery proceeds are
allocated at the discretion of the Board and may change in the future depending on priorities
established each year.
To be eligible for the program, applicant agencies must be designated by the Internal Revenue
Service as a 501(c)(3) tax-exempt organization and located in Deschutes County.
Applications will be evaluated based on several criteria, including organizational stability,
connection to grant funding objectives, and ability to leverage the grant funds to access other
financial support.
Application materials may be obtained by contacting Judith Ure at j_gd:th1lk,.dCSChLlor by
accessing the County website at: htEjs:/./w w .deschute�.or,;;ibIf the
information is required in an alternative format, please contact Judith Ure by email.
The deadline to submit an application is 5:00 p.m. on September 27, 2017 and grants are
expected to be awarded by the end of October. Completed applications must be received in
the Deschutes County Department of Administrative Services by the stated deadline. Late
or incomplete applications will not be considered. Completed applications must be sent via
email to gc atliulL1:g.
Deschutes County
Arts & Culture Grant Program
2017-18 Application
Submittal Instructions and Cover Sheet
A complete application will consist of the following:
1. This cover sheet, signed and dated.
2. Narrative responses to the attached questions on no more than five single -sided, single-spaced
pages.
Attachments:
a. Proof of the organization's 501(c)(3) tax-exempt status in the form of a letter from the
Internal Revenue Service (IRS).
b. The first two pages of the organization's most recently submitted IRS 990 or 990 EZ
form or, if the organization is not required to file either form with the IRS, a financial
statement that provides equivalent information concerning activities and governance,
revenue, expenses, and net assets or fund balances.
c. An operating budget for the organization as a whole.
d. An operating budget for the proposed operations, program, project, or activity.
e. A roster of the organization's Board of Directors.
Submit the complete application electronically toj_qditho�'ii.,,deschut
Les.org no later than 5:00 p.m. on
September 27, 2017. Incomplete and/or late applications will not be reviewed or considered.
Please complete the following:
Contact Name:
Organization Name:
Address:
City: I State: Zip Code:
Telephone Number:
Email Address:
Certification:
On behalf of the organization specified above, I certify the following:
1. All information included in this application is accurate.
2. I am authorized by the governing board to submit this grant application.
3. This organization is located in Deschutes County.
4. If awarded, Arts & Culture Grant funds will be used in support of Deschutes County residents
only.
5. This organization is in good standing with the U.S. Internal Revenue Service and is currently
designated as a 501(c)(3) tax-exempt entity.
Signature:
Print Name:
Title:
Date:
Deschutes County
Arts and Culture Grant Program
2017-18 Application
Questions
Please respond to the questions below in the order shown. Reponses must be thorough, but provided
on no more than five single -sided, single-spaced pages. Required attachments such as proof of non-
profit status and copies of tax forms are excluded from the five-page limit. Any additional
documents submitted beyond those stated in the instructions, such as brochures, leaflets, newsletters,
or reports, will not be considered a part of the application and will be discarded without review.
Organization
1. Describe the history of the organization, including the year the organization was established.
2. State the organization's mission, goals, and programs or services provided.
3. Describe the leadership and structure of the organization.
Program, Project, or Activity
1. Provide a title of the proposed initiative for which funds are being requested.
2. Indicate the dollar amount requested for a grant.
3. Describe the goals and objectives of the proposed initiative.
4. Identify the target population which will be served.
5. Identify the geographic area(s) of Deschutes County which will benefit.
6. Describe how the proposed initiative will positively impact the community and complement
existing services currently provided by Deschutes County.
7. Describe in detail how the proposed initiative will be implemented.
8. Describe specifically how the requested funds will be used.
9. Identify any partner agencies which will collaborate to implement the proposed initiative.
10. Describe how County funds will be used to leverage other sources of funding to support the
proposed initiative.
Performance Measurement
I. Identify quantifiable outputs anticipated to be achieved through the proposed initiative
(examples: number of persons in attendance and/or number of classes or events held).
2. Describe the anticipated outcomes of the proposed initiative (example: greater knowledge and
understanding of the arts or cultural topics).
3. Estimate financial impact to the local economy as a result of the proposed initiative.