77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1900

                         House Bill 2293

Sponsored by Representative READ (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Authorizes master plans and county service districts regarding
comprehensive planning for land use and public facilities and,
within Washington County, implementation of adopted comprehensive
plans through development review and code enforcement services.
Requires county to consult with all affected taxing districts
before forming new county service district.  Authorizes county
planning commission to serve as advisory committee to district
governing body. Changes minimum number of members of advisory
committee.

                        A BILL FOR AN ACT
Relating to county service districts; creating new provisions;
  and amending ORS 451.010 and 451.555.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 451.010 is amended to read:
  451.010. (1) Master plans and service districts may be
established as provided by this chapter regarding:
  (a) Sewage works, including all facilities necessary for
collecting, pumping, treating and disposing of sanitary or storm
sewage.
  (b) Drainage works, including all facilities necessary for
collecting, pumping and disposing of storm and surface water.
  (c) Street lighting works, including all facilities necessary
for the lighting of streets and highways.
  (d) Public parks and recreation facilities, including land,
structures, equipment, supplies and personnel necessary to
acquire, develop and maintain such public park and recreation
facilities and to administer a program of supervised recreation
services.
  (e) Diking and flood control works, including all facilities
necessary for diking and control of watercourses.
  (f) Water supply works and service, including all facilities
necessary for tapping natural sources of domestic and industrial
water, treating and protecting the quality of the water and
transmitting it to the point of sale to any person, city,
domestic water supply corporation or other public or private
agency for domestic, municipal and industrial water supply
service.
  (g) Solid waste disposal. This paragraph does not apply in
Clackamas, Multnomah and Washington Counties.

  (h) Public transportation, including public depots, public
parking and the motor vehicles and other equipment necessary for
the transportation of persons together with their personal
property.
  (i) Agricultural educational extension services.
  (j) Emergency medical services, including ambulance services.
  (k) Library services.
  (L) Roads.
  (m) Emergency communications services, including a 9-1-1
emergency reporting system established under ORS 403.115.
  (n) Law enforcement services.
  (o) Human services.
  (p) Cemetery maintenance.
  (q) Animal control.
   { +  (r) Comprehensive planning for land use and public
facilities as authorized under ORS 451.555.
  (s) Within the boundaries of Washington County, implementation
of adopted comprehensive plans through the provision of
development review and code enforcement services as authorized
under ORS 451.555. + }
  (2) Within the geographical jurisdiction of any local
government boundary commission established by or pursuant to ORS
199.410 to 199.519, in addition to the purposes described in
subsection (1) of this section, master plans and service
districts may be established as provided by this chapter
regarding:
  (a) Fire prevention and protection.
  (b) Hospital and ambulance services.
  (c) Vector control.
  (d) Weather modification.
  (3) Within the boundaries of any subdivision, service districts
may be established as provided by this chapter regarding:
  (a) Fire prevention and protection.
  (b) Security services provided by contract with an association
of homeowners whose property is located entirely within the
boundaries of the service district, which services may include
the enforcement of the rules or regulations of the association
dealing with public access to or the use of the property of the
association, routine patrolling and inspection of private areas
located within the jurisdiction of the association and matters of
traffic and safety within such areas.
  (c) Law enforcement services.
  (d) Hospital and ambulance services.
  (e) Vector control.
  (f) Activities set forth in subsection (1)(a), (f), (g), (j)
and (m) of this section.
  (4) As used in subsection (3) of this section, ' subdivision'
means a subdivision as defined by ORS 92.010 or any contiguous
group of such subdivisions that:
  (a) Is a planned community within the meaning of ORS 94.550
without regard to whether such subdivision or group of
subdivisions is subject to ORS 94.550 to 94.783;
  (b) Is located entirely within an unincorporated area and is
everywhere separated by a distance of five miles or more from an
urban growth boundary described in an acknowledged comprehensive
plan of a city or the urban growth boundary adopted by a
metropolitan service district under ORS 268.390 (3); and
  (c) Prior to the establishment of a service district under
subsection (3) of this section, is designated a subdivision for
purposes of this subsection by the governing body of the county
in which the subdivision or group of subdivisions is located.
  (5) Within the boundaries of Washington County, master plans
and service districts may be established as provided by this
chapter regarding water resource management services that affect
the quality and quantity of water within a single watershed,

basin or planning area. As used in this subsection, 'water
resource management services' means:
  (a) Planning for and provision of two or more services or
facilities such as sewage works, drainage works, surface water
management, endangered species recovery management, water quality
management, diking and flood control works, river flow
management, water supply works, wastewater reuse and irrigation
facilities.
  (b) Activities ancillary to the services and facilities listed
in paragraph (a) of this subsection, including facilities for the
production, sale or purchase of energy when such facilities are
integrated in a master plan adopted under ORS 451.120.
  SECTION 2. ORS 451.555 is amended to read:
  451.555. (1) County service districts   { - for the purpose of
providing comprehensive planning for land use and public
facilities for a district in the county - }  may be formed in the
manner provided by ORS 451.410 to 451.610 for   { - establishing
county service districts for other purposes. - }  { +  the
purposes of:
  (a) Providing comprehensive planning for land use and public
facilities for a district in the county; and
  (b) Within the boundaries of Washington County, implementing
adopted comprehensive plans for the district through the
provision of development review and code enforcement
services. + }
  (2) { + (a) + } A district formed to provide comprehensive
planning  { +  and implementation of adopted comprehensive
plans + } may, in accordance with ORS chapter 215, adopt
comprehensive plans for land use and public facilities within the
district. The district shall be subject to ORS 451.120 to
451.140, 451.485 and 451.550 to 451.560. The activities of the
district may be financed by any method authorized by ORS 451.490
and 451.520 to 451.547. Plans adopted by the district may be
enforced as provided by ORS 451.130.
   { +  (b) The county shall consult and confer with all affected
taxing districts before forming a new district pursuant to this
section. + }
  (3) The district governing body shall appoint an advisory
committee  { + that may consist of the county planning commission
or a committee + } of not less than   { - 11 - }   { + seven + }
members who are electors resident in the district or owners of
land in the district. The committee shall advise the governing
body in carrying out the provisions of this section.   { - It - }
 { + The committee + } shall meet with the governing body at the
times and places determined by the committee and governing body
jointly.
  SECTION 3.  { + (1) The amendments to ORS 451.010 by section 1
of this 2013 Act apply to master plans and service districts
established on or after the effective date of this 2013 Act.
  (2) The amendments to ORS 451.555 by section 2 of this 2013 Act
apply to county service districts formed on or after the
effective date of this 2013 Act. + }
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