ORS 197.728
Redline — January 1, 2015 → current.View current text →
Current — January 1, 2017
As of January 1, 2015
The Land Conservation and Development Commission shall administer regionally significant industrial areas and may adopt rules as necessary to implement ORS 197.722 to 197.728.
The Land Conservation and Development Commission shall administer regionally significant industrial areas and may adopt rules as necessary to implement ORS 197.722 to 197.728.
(1) Industrial development that provides above-average wages and employs a skilled workforce is of such significance to the economic recovery of the State of Oregon that the development merits an expedited project review process.
(2) Expedited project review for proposed industrial development projects of state significance bolsters the economies of local communities and contributes to the economic recovery of the State of Oregon as a whole.
(a) “Discretionary local permit” includes local land use permits and licenses.
(b) “Discretionary state permit” does not include a permit or license issued by a state permitting agency pursuant to a federally delegated program.
(c) “Industrial use” means employment activities generating income from:
(A) The production, handling or distribution of goods including, but not limited to, manufacturing, assembly, fabrication, processing, storage, logistics, warehousing, importation, distribution and transshipment and research and development; and
(B) Services sold in a traded sector, as defined in ORS 285A.010.
(d) “State permitting agencies” means the Department of Environmental Quality, the Department of State Lands and the Department of Transportation.
(2) Industrial development projects of state significance are projects that:
(a) Create jobs with average wages above 180 percent of the minimum wage.
(b) Create a large number of new jobs in relation to the economy and population of the area directly impacted by the development.
(c) Create permanent jobs in industrial uses.
(d) Involve a significant investment of capital in relation to the economy and population of the area directly impacted by the development.
(e) Have community support, as indicated by a resolution of the governing body of the local government within whose land use jurisdiction the industrial development project would occur.
(f) Do not require:
(A) An exception taken under ORS 197.732 to a statewide land use planning goal;
(B) A change to the acknowledged comprehensive plan or land use regulations of the local government within whose land use jurisdiction the industrial development project would occur; or
(C) A federal environmental impact statement under the National Environmental Policy Act.
(3) In lieu of filing an application for a discretionary local permit under ORS 215.402 to 215.438 or 227.160 to 227.186, and in lieu of filing an application otherwise required by law for a discretionary state permit from a state permitting agency, a person may file an application with the Economic Recovery Review Council for expedited project review of an industrial development project after first filing with the council a notice of intent to seek expedited project review that includes evidence that the proposed project meets the criteria for state significance set forth in subsection (2) of this section.
(4) The Economic Recovery Review Council, established under section 3 of this 2011 Act, may expedite the permitting of up to 10 industrial development projects of state significance per biennium through an expedited project review process in which the council reviews the proposed project to determine whether the project complies with the standards and criteria for applicable discretionary local permits and discretionary state permits. The expedited project review by the council must include:
(a) Review of the notice of intent filed under subsection (3) of this section and a preliminary determination of whether the proposed project qualifies as an industrial development project of state significance.
(b) Preparation and issuance of a project order, if on review of the notice of intent the proposed project appears to qualify as an industrial development project of state significance, that sets forth:
(A) The applicable standards and criteria for approval of each discretionary local permit or discretionary state permit that will be addressed in the expedited project review; and
(B) The deadline for an applicant to file a complete application.
(c) Review of the complete application.
(5) If the applicant files a complete application within the time specified by the council, the council shall:
(a) Provide notice of the application in the manner required by ORS 197.763 for a land use decision or in the manner required for a conditional use permit in the applicable acknowledged land use regulations of the local government within whose land use jurisdiction the proposed project would occur, whichever results in broader notice;
(b) Provide for a public hearing on the proposed project in the land use jurisdiction in which the proposed project would occur;
(c) Consider recommendations of the local government and state permitting agencies that would otherwise have jurisdiction to review the discretionary local permits and discretionary state permits for the proposed project in determining whether the project complies with applicable standards and criteria and in determining whether to impose conditions of approval for the project; and
(d) Apply the standards and criteria for each discretionary local permit and discretionary state permit required for the construction and operation of the proposed project and determine, within 120 days after the date a complete application is filed and based on the record and the applicable law, whether the project complies with the applicable standards and criteria.
(6) The council has jurisdiction to approve discretionary local permits and discretionary state permits. The council may not waive standards and criteria that apply to issuance of a discretionary local permit or a discretionary state permit. If the council determines that the proposed project complies with the applicable standards and criteria, the council shall issue a project certificate approving the development project. In addition to other conditions reasonably necessary to ensure that the proposed project complies with applicable standards and criteria, the council may impose a condition requiring commencement of construction by a date calculated to ensure that a particular site is developed for the project within a specific time period. If the council determines that the project does not, or can not, comply with applicable standards and criteria, the council shall issue a final order denying the application and explaining why the application was not approved.
(7) A state permitting agency or a local government may recommend conditions of approval reasonably necessary to ensure that the development project complies with applicable standards and criteria.
(8) Expedited project review of an industrial development project is not subject to ORS 183.413 to 183.470.
(9) Issuance of a project certificate:
(a) Binds public bodies, as defined in ORS 174.109, in regard to approval of construction and operation of the development project.
(b) Satisfies requirements imposed on a state permitting agency by ORS 197.180 and administrative rules implementing ORS 197.180.
(10) After the council issues a project certificate, state permitting agencies and local governments shall:
(a) Issue discretionary local permits and discretionary state permits as required in the certificate; and
(b) Exercise enforcement authority over the permits, including conditions imposed in the certificate.
(11) The council shall charge the applicant a fee calculated to recover the costs reasonably incurred to conduct expedited project review, including the costs incurred by state permitting agencies and local governments that make recommendations to the council concerning whether the proposed project complies with applicable standards and criteria. If the fee charged by the council includes costs incurred by a state permitting agency or a local government, the council shall pay or reimburse the state permitting agency or the local government in the manner provided by ORS 469.360. The council may require the applicant to pay all or a portion of the fee before initiation of the expedited project review and may require progress payments as the review proceeds. The fee required by this section is in lieu of any fee or fees otherwise required for review of a discretionary local permit or a discretionary state permit addressed in the project certificate. The council shall deposit moneys received under this section in the Economic Recovery Review Council Fund established under section 5 of this 2011 Act.
(12) The Land Use Board of Appeals does not have jurisdiction to consider decisions, aspects of decisions or actions taken under sections 1 to 5 of this 2011 Act.
(13) A person who participated in the proceedings before the council may appeal a final order of the council to the Court of Appeals. The appeal shall proceed in the manner provided by ORS 197.850, 197.855 and 197.860. However, notwithstanding ORS 197.850 (9) or any other provision of law, the court shall reverse or remand the decision only if the court finds that:
(a) The council’s determination that the proposed project qualifies as an industrial development project of state significance under subsection (2) of this section was clearly in error;
(b) There is a basis to vacate the decision as described in ORS 36.705 (1)(a) to (d) or a basis for modification or correction of an award as described in ORS 36.710; or
(c) The decision was unconstitutional.
(a) The Oregon Business Development Department.
(b) The Department of Land Conservation and Development.
(c) The Department of Transportation.
(d) The Department of Environmental Quality.
(e) The Department of State Lands.
(2) Each member serves during the member’s tenure in the role described in subsection (1) of this section.
(3) If a local government with land use jurisdiction requests to participate, the council shall designate one elected official of the local government as a voting member of the council for purposes of:
(a) Review of a proposed industrial development project of state significance under section 2 of this 2011 Act.
(b) Designation of a regionally significant industrial area pursuant to section 7 of this 2011 Act [197.723].
(4) Members of the council are not entitled to compensation, but at the discretion of the council may be reimbursed, from funds available to the council, for actual and necessary travel and other expenses incurred by them in the performance of their official duties, in the manner and amount provided in ORS 292.495.
(5) The council shall select one of its members as chairperson and another as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of the offices as the council determines.
(6) A majority of the members of the council constitutes a quorum for the transaction of business.
(2) The Oregon Business Development Department shall provide administrative support and office space for the council.
(3) The council may employ a program manager.
(4) The designation of the program manager must be by written order, filed with the Secretary of State.
(5) Subject to any applicable provisions of ORS chapter 240, the program manager shall appoint all subordinate officers and employees of the council, prescribe their duties and fix their compensation.
(6) The council may establish advisory and technical committees the council considers necessary to aid and advise the council in the performance of council functions. The committees may be continuing or temporary committees. The council shall determine the representation, membership, terms and organization of the committees and shall appoint the committees’ members.
(7) Members of the committees are not entitled to compensation, but at the discretion of the council may be reimbursed, from funds available to the council, for actual and necessary travel and other expenses incurred by them in the performance of their official duties, in the manner and amount provided in ORS 292.495.
(8) In accordance with applicable provisions of ORS chapter 183, the council may adopt rules necessary for the administration of sections 1 to 5 of this 2011 Act.
(2) Moneys in the Economic Recovery Review Council Fund are continuously appropriated to the Economic Recovery Review Council for the purpose of administering the provisions of sections 1 to 7 of this 2011 Act .
(3) The Economic Recovery Review Council Fund consists of moneys:
(a) Collected by the council from the fees authorized by section 2 (11) of this 2011 Act.
(b) Any other moneys appropriated to the council.
(a) The Economic Recovery Review Council established under section 3 of this 2011 Act is abolished and the tenure of office of the members of the council, the program manager for the council and all employees ceases.
(b) The Economic Recovery Review Council Fund established under section 5 of this 2011 Act is abolished. The Economic Recovery Review Council shall transfer the unexpended balance of moneys in the fund to the General Fund.
(2) The members of the council shall allocate and deliver to the respective state agencies whose directors served as members of the council all records and property within the jurisdiction of the council, and the state agencies whose directors served on the council shall take possession of the records and property. The Governor shall resolve any dispute relating to the allocation and delivery of records and property under this section and the Governor’s decision is final.
(3) The abolishment of the council does not relieve a person of a liability, duty or obligation accruing under or with respect to the duties, functions and powers of the council abolished by this section. The Oregon Department of Administrative Services may undertake the collection or enforcement of any such liability, duty or obligation.
(4) The rights and obligations of the council legally incurred under contracts, leases and business transactions executed, entered into or begun before the date specified in section 13 of this 2011 Act are transferred to the Oregon Department of Administrative Services. For the purpose of succession to these rights and obligations, the department is a continuation of the council and not a new authority.
(5) Notwithstanding the repeal of sections 1 to 5 of this 2011 Act by section 13 of this 2011 Act, members of the council may take action under this section that are necessary to wind down the operations of the council before, on or after the date of the repeal of sections 1 to 5 of this 2011 Act.
Sec. 13.:RF8 Sections 1 to 5 of this 2011 Act are repealed on January 2 of the first even-numbered year after the Employment Department notifies the Economic Recovery Review Council and the Office of the Legislative Counsel that the annual average unemployment rate for the most recent calendar year in Oregon is less than six percent.
Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.