70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 12
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Joint Interim Task Force on
  Landslides and Public Safety)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to protection of public from landslide hazards; creating
  new provisions; amending ORS 215.130, 527.630, 527.710 and
  527.714 and section 8, chapter 565, Oregon Laws 1997; and
  appropriating money.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1.  { + As used in sections 1 to 9 of this 1999 Act:
  (1) 'Further review area' means an area of land within which
further site specific review should occur before land management
or building activities begin because either the State Department
of Geology and Mineral Industries or the State Forestry
Department determines that the area reasonably could be expected
to include sites that experience rapidly moving landslides as a
result of excessive rainfall.
  (2) 'Landslide' means any detached mass of soil, rock or debris
that is of sufficient size to cause damage and that moves down a
slope or a stream channel.
  (3) 'Rapidly moving landslide' means a landslide that is
difficult for people to outrun or escape. + }
  SECTION 2.  { + The Legislative Assembly declares that it is
the policy of the State of Oregon that:
  (1) Each property owner, each highway user and all federal,
state and local governments share the responsibility for making
sound decisions regarding activities that may affect landslide
hazards and the associated risks of property damage or personal
injury.
  (2) In keeping with the concept of shared responsibility where
individuals are primarily responsible for making sound decisions
to protect personal interests, regulation applied pursuant to
sections 1 to 7 of this 1999 Act shall be restricted to reducing
the risk of serious bodily injury or death that may result from
rapidly moving landslides.
  (3) In recognition of the need for consistent treatment and
coordination of actions relating to rapidly moving landslides and
because of the potential for serious bodily injury or death as a
result of rapidly moving landslides and the effect of rapidly
moving landslides on the ability of people to use their property,
sections 1 to 7 of this 1999 Act shall be regarded as the
 
 
 
Enrolled Senate Bill 12 (SB 12-D)                          Page 1
 
 
 
controlling policy of this state for rapidly moving
landslides. + }
  SECTION 3.  { + The Legislative Assembly finds that:
  (1) Many locations in Oregon are subject to naturally occurring
landslide hazards, and some human activities may accelerate the
incidence or increase the adverse effects of those hazards.
  (2) Rapidly moving landslides present the greatest risk to
human life, and persons living in or traveling through areas
prone to rapidly moving landslides are at increased risk of
serious bodily injury or death.
  (3) Although some risk from rapidly moving landslides can be
mitigated through proper siting and construction techniques,
sites that are vulnerable to impact from rapidly moving
landslides are generally unsuitable for permanent habitation.
  (4) Activities that require sound decisions to mitigate rapidly
moving landslide hazards and risks include but are not limited
to:
  (a) Siting or constructing homes or other structures in areas
prone to rapidly moving landslides;
  (b) Occupying existing homes or other structures in areas prone
to rapidly moving landslides during periods of high risk due to
heavy or extended rainfall;
  (c) Conducting land management activities that may adversely
alter the susceptibility of land to rapidly moving landslides;
and
  (d) Operating motor vehicles in areas known to be subject to
rapidly moving landslides. + }
  SECTION 4.  { + (1) In order to reduce the risk of serious
bodily injury or death resulting from rapidly moving landslides,
a local government:
  (a) Shall exercise all available authority to protect the
public during emergencies, consistent with ORS 401.015.
  (b) May require a geotechnical report and, if a report is
required, shall provide for a coordinated review of the
geotechnical report by the State Department of Geology and
Mineral Industries or the State Forestry Department, as
appropriate, before issuing a building permit for a site in a
further review area.
  (c) Except those structures exempt from building codes under
ORS 455.310 and 455.315, shall regulate through mitigation
measures and site development standards the siting of dwellings
and other structures designed for human occupancy, including
those being restored under ORS 215.130 (6), in further review
areas where there is evidence of substantial risk for rapidly
moving landslides. All final decisions under this paragraph and
paragraph (b) of this subsection are the responsibility of the
local government with jurisdiction over the site. A local
government may not delegate such final decisions to any state
agency.
  (d) Shall maintain a record, available to the public, of
properties for which a geotechnical report has been prepared
within the jurisdiction of the local government.
  (2) A landowner allowed a building permit under subsection
(1)(c) of this section shall sign a statement that shall:
  (a) Be recorded with the county clerk of the county in which
the property is located, in which the landowner acknowledges that
the landowner may not in the future bring any action against an
adjacent landowner about the effects of rapidly moving landslides
on or adjacent to the landowner's property; and
 
 
 
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  (b) Record in the deed records for the county where the lot or
parcel is located a nonrevocable deed restriction that the
landowner signs and acknowledges, that contains a legal
description complying with ORS 93.600 and that prohibits any
present or future owner of the property from bringing any action
against an adjacent landowner about the effects of rapidly moving
landslides on or adjacent to the property.
  (3) Forest practice rules adopted under ORS 527.710 (11) shall
not apply to risk situations arising solely from the construction
of a building permitted under subsection (1)(c) of this section
after the effective date of this 1999 Act.
  (4) The following state agencies shall implement the following
specific responsibilities to reduce the risk of serious bodily
injury or death resulting from rapidly moving landslides:
  (a) The State Department of Geology and Mineral Industries
shall:
  (A) Identify and map further review areas selected in
cooperation with local governments and in coordination with the
State Forestry Department, and provide technical assistance to
local governments to facilitate the use and application of this
information pursuant to subsection (1)(b) of this section; and
  (B) Provide public education regarding landslide hazards.
  (b) The State Forestry Department shall regulate forest
operations to reduce the risk of serious bodily injury or death
from rapidly moving landslides directly related to forest
operations, and assist local governments in the siting review of
permanent dwellings on and adjacent to forestlands in further
review areas pursuant to subsection (1)(b) of this section.
  (c) The Land Conservation and Development Commission may take
steps under its existing authority to assist local governments to
appropriately apply the requirements of subsection (1)(c) of this
section.
  (d) The Department of Transportation shall provide warnings to
motorists during periods determined to be of highest risk of
rapidly moving landslides along areas on state highways with a
history of being most vulnerable to rapidly moving landslides.
  (e) The Office of Emergency Management of the Department of
State Police shall coordinate state resources for rapid and
effective response to landslide-related emergencies.
  (5) Notwithstanding any other provision of law, any state or
local agency adopting rules related to the risk of serious bodily
injury or death from rapidly moving landslides shall do so only
in conformance with the policies and provisions of sections 1 to
7 of this 1999 Act.
  (6) No state or local agency may adopt or enact any rule or
ordinance for the purpose of reducing risk of serious bodily
injury or death from rapidly moving landslides that limits the
use of land that is in addition to land identified as a further
review area by the State Department of Geology and Mineral
Industries or the State Forestry Department pursuant to
subsection (4) of this section.
  (7) Except as provided in ORS 527.710 or in Oregon's ocean and
coastal land use planning goals, no state agency may adopt
criteria regulating activities for the purpose of reducing risk
of serious bodily injury or death from rapidly moving landslides
on lands subject to the provisions of sections 1 to 7 of this
1999 Act that are more restrictive than the criteria adopted by a
local government pursuant to subsection (1)(c) of this
section. + }
 
 
 
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  SECTION 5.  { + (1) Regulations adopted by a local government
to regulate the siting of dwellings and other structures designed
for human occupancy through mitigation measures and site
development standards as required under section 4 (1)(c) of this
1999 Act shall include the following decision process:
  (a) A determination that the dwelling or other structure is
allowed under applicable land use regulations and whether the
proposed site for the dwelling or other structure is located
within a portion of the further review area that poses a risk of
serious bodily injury or death resulting from a rapidly moving
landslide.
  (b) If an alternative site on the same lot or parcel that does
not require mitigation is available:
  (A) The local government first shall require the property owner
to site the dwelling or other structure at the alternative site,
so long as the cost of relocating does not exceed $20,000.
  (B) If the cost of relocating exceeds $20,000, and the local
government has adopted a transfer of development rights program
that complies with sections 6 and 7 of this 1999 Act, the local
government shall allow the property owner either to:
  (i) Participate in the local government's transfer of
development rights program; or
  (ii) Construct the dwelling or other structure on the
alternative site even though the cost of relocating exceeds
$20,000.
  (C) If the cost of relocating exceeds $20,000, and the local
government has not adopted a transfer of development rights
program, the local government shall allow the property owner
either to:
  (i) Construct the dwelling or other structure at the
alternative site; or
  (ii) Pursue mitigation available under paragraph (c) of this
subsection.
  (c) If an alternative site on the same lot or parcel that does
not require mitigation is not available and if development of the
site complies with all other applicable requirements:
  (A) If the cost of adequate mitigation is less than $10,000,
the local government shall allow construction of the dwelling or
other structure if the property owner completes the mitigation
measures.
  (B) If the cost of adequate mitigation exceeds $10,000, and the
local government has adopted a transfer of development rights
program, the local government shall allow the property owner to:
  (i) Participate in the local government's transfer of
development rights program; or
  (ii) Construct the dwelling or other structure on the proposed
site and complete adequate mitigation even though the cost of
mitigation exceeds $10,000.
  (C) If the cost of adequate mitigation exceeds $10,000, and the
local government has not adopted a transfer of development rights
program, the local government shall allow the property owner to
take either of the following actions:
  (i) Site the dwelling or other structure at an alternative site
in the further review area and implement mitigation measures.
The local government may not require the property owner to incur
a combined relocation and mitigation cost of more than $20,000 if
the property owner proceeds with this option.
  (ii) Site the dwelling or other structure at the original
proposed site and implement mitigation measures. The local
government may not require the property owner to incur more than
 
 
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$10,000 in costs for implementing mitigation measures if the
property owner proceeds with this option.
  (2) Nothing in this section prohibits a property owner from
constructing a dwelling or other structure on the lot or parcel
and agreeing to pay mitigation costs that exceed the amount
established under subsection (1) of this section. + }
  SECTION 6.  { + (1) For a further review area, a local
government may not impose mitigation requirements under section 4
(1)(c) of this 1999 Act that require a property owner to
implement mitigation measures for which the cost exceeds $10,000
or require the property owner to expend more than $20,000 in site
development costs resulting from changing the site of a dwelling
or other structure unless the local government has adopted a
transfer of development rights program.
  (2) A transfer of development rights program established
pursuant to this section shall:
  (a) Allow a development right to be transferred from a lot or
parcel that is located within a further review area to another
area within the city or county and that is not otherwise eligible
for an additional dwelling under existing comprehensive plan and
zoning designations.
  (b) Provide that the transfer opportunity is available to a
property owner only after:
  (A) An application for a dwelling or other structure on a lot
or parcel located within a further review area establishes that
the dwelling or structure would be authorized under applicable
local ordinances in effect on January 1, 1999, and under statutes
and administrative rules;
  (B) The local government determines that there are no
alternative building sites on the same lot or parcel where
mitigation would not be required or where site development costs
resulting from changing the site exceed the limit established
under section 5 (1)(b) of this 1999 Act; and
  (C) The local government determines that the cost of mitigation
requirements will exceed $10,000 or the site development costs
resulting from changing the site will exceed $20,000.
  (3) In adopting a transfer of development rights program, the
local government shall identify one or more areas on plan and
zoning maps as receiving areas for transferred development
rights.  Receiving areas shall authorize new dwelling
opportunities that are not otherwise eligible for an additional
dwelling under existing comprehensive plan and zoning
designations transferred in accordance with this section. New
dwelling opportunities shall include but need not be limited to a
second dwelling opportunity on the same lot or parcel and the
creation of additional parcels or lots, provided such new
dwelling opportunities and land divisions are allowed under ORS
chapters 197, 215 and 227, and goals and rules adopted
thereunder, but were not allowed by state law or local land use
regulations prior to the effective date of this 1999 Act.
  (4) The local government shall adopt findings demonstrating
that the number of dwelling opportunities provided exceeds the
projected number of transferred rights based on the further
review areas that are inside the boundaries of the local
government.
  (5) A local government shall monitor the transfer of
development rights program and make adjustments as necessary to
ensure an adequate supply of financially equitable transfer
opportunities in designated receiving areas.
 
 
 
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  (6) A person who transfers or conveys the development rights to
a lot or parcel under a transfer of development rights program
established pursuant to this section shall record in the deed
records for the county where the lot or parcel is located a
nonrevocable deed restriction prohibiting future development of
the lot or parcel.
  (7) The governing body of a city or county may establish a
system to facilitate the transfer of development rights by
purchasing any number of such rights and subsequently offering
them for sale.
  (8) A city or county with a transfer of development rights
program established pursuant to this section shall maintain a
registry of all lots or parcels from which rights have been
transferred, the lots or parcels to which rights have been
transferred and the allowable development level for each lot or
parcel following transfer. + }
  SECTION 7.  { + In establishing a transfer of development
rights program under section 6 of this 1999 Act, a local
government may enter into an intergovernmental agreement with
another local government to allow for transferred development
rights that are outside the boundaries of the local
government. + }
  SECTION 8.  { + The Department of Land Conservation and
Development shall award a grant to a local government for the
purpose of developing a model program for the mitigation of
hazards and transfer of development rights that may be adopted by
other local governments in order to satisfy the requirements of
sections 5 to 7 of this 1999 Act. The pilot program shall include
the development of model ordinances, regulations and procedures
for mitigation of hazards and for allowing the transfer of
development rights under sections 5 to 7 of this 1999 Act. + }
  SECTION 9.  { + (1) The Legislative Assembly finds that it is
in the public interest to limit the siting in further review
areas of dwellings and other structures designed for human
occupancy. In order to further this public interest, it is
necessary to postpone the siting of dwellings and other
structures in further review areas until local governments have
an opportunity to enact regulations as required under section 4
(1)(c) of this 1999 Act and if the local government chooses, a
transfer of development rights program pursuant to sections 5 to
7 of this 1999 Act.
  (2) The Legislative Assembly declares that, notwithstanding the
provisions of section 5 of this 1999 Act, for the 10-month period
following the date the State Department of Geology and Mineral
Industries notifies the local government that all identification
and mapping of further review areas under section 4 (4)(a) of
this 1999 Act are prepared for the local government, that local
government shall not allow the siting of a dwelling or other
structure in a further review area without adequate mitigation
unless the local government has adopted the regulations required
under section 4 (1)(c) of this 1999 Act and a transfer of
development rights program that satisfies the requirements of
sections 5 to 7 of this 1999 Act.
  (3) Within 10 months after a local government receives
notification under subsection (2) of this section, the local
government shall adopt the regulations required under section 5
to 7 of this 1999 Act. + }
  SECTION 10. ORS 215.130 is amended to read:
 
 
 
 
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  215.130. (1) Any legislative ordinance relating to land use
planning or zoning shall be a local law within the meaning of,
and subject to, ORS 250.155 to 250.235.
  (2) An ordinance designed to carry out a county comprehensive
plan and a county comprehensive plan shall apply to:
  (a) The area within the county also within the boundaries of a
city as a result of extending the boundaries of the city or
creating a new city unless, or until the city has by ordinance or
other provision provided otherwise; and
  (b) The area within the county also within the boundaries of a
city if the governing body of such city adopts an ordinance
declaring the area within its boundaries subject to the county's
land use planning and regulatory ordinances, officers and
procedures and the county governing body consents to the
conferral of jurisdiction.
  (3) An area within the jurisdiction of city land use planning
and regulatory provisions that is withdrawn from the city or an
area within a city that disincorporates shall remain subject to
such plans and regulations which shall be administered by the
county until the county provides otherwise.
  (4) County ordinances designed to implement a county
comprehensive plan shall apply to publicly owned property.
  (5) The lawful use of any building, structure or land at the
time of the enactment or amendment of any zoning ordinance or
regulation may be continued. Alteration of any such use may be
permitted subject to subsection (9) of this section. Alteration
of any such use shall be permitted when necessary to comply with
any lawful requirement for alteration in the use. Except as
provided in ORS 215.215, a county shall not place conditions upon
the continuation or alteration of a use described under this
subsection when necessary to comply with state or local health or
safety requirements, or to maintain in good repair the existing
structures associated with the use. A change of ownership or
occupancy shall be permitted.
  (6) Restoration or replacement of any use described in
subsection (5) of this section may be permitted when the
restoration is made necessary by fire, other casualty or natural
disaster. Restoration or replacement shall be commenced within
one year from the occurrence of the fire, casualty or natural
disaster. { +  If restoration or replacement is necessary under
this subsection, restoration or replacement shall be done in
compliance with section 4 (1)(c) of this 1999 Act. + }
  (7) Any use described in subsection (5) of this section may not
be resumed after a period of interruption or abandonment unless
the resumed use conforms with the requirements of zoning
ordinances or regulations applicable at the time of the proposed
resumption.
  (8) Any proposal for the verification or alteration of a use
under subsection (5) of this section, except an alteration
necessary to comply with a lawful requirement, for the
restoration or replacement of a use under subsection (6) of this
section or for the resumption of a use under subsection (7) of
this section shall be subject to the provisions of ORS 215.416.
An initial decision by the county or its designate on a proposal
for the alteration of a use described in subsection (5) of this
section shall be made as an administrative decision without
public hearing in the manner provided in ORS 215.416 (11).
  (9) As used in this section, 'alteration' of a nonconforming
use includes:
 
 
 
Enrolled Senate Bill 12 (SB 12-D)                          Page 7
 
 
 
  (a) A change in the use of no greater adverse impact to the
neighborhood; and
  (b) A change in the structure or physical improvements of no
greater adverse impact to the neighborhood.
  (10) A local government may adopt standards and procedures to
implement the provisions of this section. The standards and
procedures may include but are not limited to the following:
  (a) For purposes of verification of a use under subsection (5)
of this section, a county may adopt procedures that allow an
applicant for verification to prove the existence, continuity,
nature and extent of the use only for the 10-year period
immediately preceding the date of application. Evidence proving
the existence, continuity, nature and extent of the use for the
10-year period preceding application creates a rebuttable
presumption that the use, as proven, lawfully existed at the time
the applicable zoning ordinance or regulation was adopted and has
continued uninterrupted until the date of application;
  (b) Establishing criteria to determine when a use has been
interrupted or abandoned under subsection (7) of this section; or
  (c) Conditioning approval of the alteration of a use in a
manner calculated to ensure mitigation of adverse impacts as
described in subsection (9) of this section.
  SECTION 11. ORS 527.630 is amended to read:
  527.630. (1) Forests make a vital contribution to Oregon by
providing jobs, products, tax base and other social and economic
benefits, by helping to maintain forest tree species, soil, air
and water resources and by providing a habitat for wildlife and
aquatic life. Therefore, it is declared to be the public policy
of the State of Oregon to encourage economically efficient forest
practices that   { - assure - }   { + ensure + } the continuous
growing and harvesting of forest tree species and the maintenance
of forestland for such purposes as the leading use on privately
owned land, consistent with sound management of soil, air, water,
fish and wildlife resources and scenic resources within visually
sensitive corridors as provided in ORS 527.755   { - that
assures - }   { + and to ensure + } the continuous benefits of
those resources for future generations of Oregonians.
  (2) It is recognized that operations on forestland are already
subject to other laws and to regulations of other agencies which
deal primarily with consequences of such operations rather than
the manner in which operations are conducted. It is further
recognized that it is essential to avoid uncertainty and
confusion in enforcement and implementation of such laws and
regulations and in planning and carrying out operations on
forestlands.
  (3) To encourage forest practices implementing the policy of
ORS 527.610 to 527.770 and 527.990 and 527.992, it is declared to
be in the public interest to vest in the State Board of Forestry
exclusive authority to develop and enforce statewide and regional
rules pursuant to ORS 527.710 and to coordinate with other state
agencies and local governments which are concerned with the
forest environment.
  (4) The board may adopt and enforce rules addressing scenic
considerations only in accordance with ORS 527.755.
   { +  (5) The board shall adopt and enforce forest practice
rules to reduce the risk of serious bodily injury or death from a
rapidly moving landslide only in accordance with ORS 527.710
(11).  As used in this subsection, 'rapidly moving landslide' has
the meaning given in section 1 of this 1999 Act. + }
 
 
 
Enrolled Senate Bill 12 (SB 12-D)                          Page 8
 
 
 
    { - (5) - }  { +  (6) + } The State of Oregon should provide
a stable regulatory environment to encourage investment in
private forestlands.
  SECTION 12. ORS 527.710 is amended to read:
  527.710. (1) In carrying out the purposes of ORS 527.610 to
527.770, 527.990 (1) and 527.992, the State Board of Forestry
shall adopt, in accordance with applicable provisions of ORS
183.310 to 183.550, rules to be administered by the State
Forester establishing standards for forest practices in each
region or subregion.
  (2) The rules shall   { - assure - }   { + ensure + } the
continuous growing and harvesting of forest tree species.
Consistent with ORS 527.630, the rules shall provide for the
overall maintenance of the following resources:
  (a) Air quality;
  (b) Water resources, including but not limited to sources of
domestic drinking water;
  (c) Soil productivity; and
  (d) Fish and wildlife.
  (3)(a) In addition to its rulemaking responsibilities under
subsection (2) of this section, the board shall collect and
analyze the best available information and establish inventories
of the following resource sites needing protection:
  (A) Threatened and endangered fish and wildlife species
identified on lists that are adopted, by rule, by the State Fish
and Wildlife Commission or are federally listed under the
Endangered Species Act of 1973 as amended;
  (B) Sensitive bird nesting, roosting and watering sites;
  (C) Biological sites that are ecologically and scientifically
significant; and
  (D) Significant wetlands.
  (b) The board shall determine whether forest practices would
conflict with resource sites in the inventories required by
paragraph (a) of this subsection. If the board determines that
one or more forest practices would conflict with resource sites
in the inventory, the board shall consider the consequences of
the conflicting uses and determine appropriate levels of
protection.
  (c) Based upon the analysis required by paragraph (b) of this
subsection, and consistent with the policies of ORS 527.630, the
board shall adopt rules appropriate to protect resource sites in
the inventories required by paragraph (a) of this subsection.
  (4) Before adopting rules under subsection (1) of this section,
the board shall consult with other agencies of this state or any
of its political subdivisions that have functions with respect to
the purposes specified in ORS 527.630 or programs affected by
forest operations. Agencies and programs subject to consultation
under this subsection include, but are not limited to:
  (a) Air and water pollution programs administered by the
Department of Environmental Quality under ORS chapters 468A and
468B and ORS 477.013 and 477.515 to 477.532;
  (b) Mining operation programs administered by the Department of
Geology and Mineral Industries under ORS 516.010 to 516.130 and
ORS chapter 517;
  (c) Game fish and wildlife, commercial fishing, licensing,
wildlife and bird refuge and fish habitat improvement tax
incentive programs administered by the State Department of Fish
and Wildlife under ORS 272.060, 315.134, 501.005 to 501.540 and
ORS chapters 496, 498, 506 and 509;
 
 
 
Enrolled Senate Bill 12 (SB 12-D)                          Page 9
 
 
 
  (d) Park land, Willamette River Greenway, scenic waterway and
recreation trail programs administered by the State Parks and
Recreation Department under ORS 358.475 to 358.565, 390.310 to
390.368, 390.805 to 390.925, 390.950 to 390.989 and 390.121;
  (e) The programs administered by the Columbia River Gorge
Commission under Public Law 99-663 and ORS 196.110 and 196.150;
  (f) Removal and fill, natural heritage conservation and natural
heritage conservation tax incentive programs administered by the
State Land Board and the Division of State Lands under ORS
196.800 to 196.900, 273.553 to 273.591, 307.550, 307.560 and
541.700 to 541.990;
  (g) Federal Safe Drinking Water Act programs administered by
the Health Division under ORS 448.273 to 448.990;
  (h) Natural heritage conservation programs administered by the
Natural Heritage Advisory Council under ORS 273.553 to 273.591,
307.550 and 307.560;
  (i) Open space land tax incentive programs administered by
cities and counties under ORS 308.740 to 308.790;
  (j) Water resources programs administered by the Water
Resources Department under ORS 536.220 to 536.540; and
  (k) Pesticide control programs administered by the State
Department of Agriculture under ORS chapter 634.
  (5) In carrying out the provisions of subsection (4) of this
section, the board shall consider and accommodate the rules and
programs of other agencies to the extent deemed by the board to
be appropriate and consistent with the purposes of ORS 527.630.
  (6) The board shall adopt rules to meet the purposes of another
agency's regulatory program where it is the intent of the board
to administer the other agency's program on forestland and where
the other agency concurs by rule. An operation performed in
compliance with the board's rules shall be deemed to comply with
the other agency's program.
  (7)(a) The board may enter into cooperative agreements or
contracts necessary in carrying out the purposes specified in ORS
527.630, including but not limited to stewardship agreements as
described in ORS 527.662.
  (b) The State Forestry Department shall enter into agreements
with appropriate state agencies for joint monitoring of the
effectiveness of forest practice rules in protecting forest
resources and water quality.
  (8) If based upon the analysis required in section 15 (2)(f),
chapter 919, Oregon Laws 1991, and as the results become
available, the board determines that additional rules are
necessary to protect forest resources pursuant to ORS 527.630,
the board shall adopt forest practice rules that reduce to the
degree practicable the adverse impacts of cumulative effects of
forest practices on air and water quality, soil productivity,
fish and wildlife resources and watersheds. Such rules shall
include a process for determining areas where adverse impacts
from cumulative effects have occurred or are likely to occur, and
may require that a written plan be submitted for harvests in such
areas.
  (9)(a) The State Forester, in cooperation with the State
Department of Fish and Wildlife, shall identify streams for which
restoration of habitat would be environmentally beneficial. The
State Forester shall select as a priority those streams where
restoration efforts will provide the greatest benefits to fish
and wildlife, and to streambank and streambed stability.
  (b) For those streams identified in paragraph (a) of this
subsection, the State Forester shall encourage landowners to
 
 
Enrolled Senate Bill 12 (SB 12-D)                         Page 10
 
 
 
enter into cooperative agreements with appropriate state agencies
for conduct of restoration activities.
  (c) The board, in consultation with appropriate state agencies,
shall study and identify methods for restoring or enhancing fish
and wildlife populations through restoration and rehabilitation
of sites beneficial to fish and wildlife.
  (d) The board shall adopt rules to implement the findings of
this subsection.
  (10) The board shall adopt rules that provide the State
Forester with authority to condition the approval of plans
required under ORS 527.670 (2) and (3) when the State Forester
makes a determination that there is evidence of a potential
threat to resources protected under this section by controlling
method, timing and extent of harvest when the forester determines
such limitations are necessary to achieve the objectives of ORS
527.630.
   { +  (11) In addition to its responsibilities under
subsections (1) to (3) of this section, the board shall adopt
rules to reduce the risk of serious bodily injury or death caused
by a rapidly moving landslide directly related to forest
practices. The rules shall consider the exposure of the public to
these safety risks and shall include appropriate practices
designed to reduce the occurrence, timing or effects of rapidly
moving landslides. As used in this subsection, 'rapidly moving
landslide' has the meaning given that term in section 1 of this
1999 Act. + }
  SECTION 13. ORS 527.714 is amended to read:
  527.714. (1) The rulemaking authority of the State Board of
Forestry under ORS 527.610 to 527.770 consists generally of the
following three types of rules:
  (a) Rules adopted to implement administration, procedures or
enforcement of ORS 527.610 to 527.770 that support but do not
directly regulate standards of forest practices.
  (b) Rules adopted to provide definitions or procedures for
forest practices where the standards are set in statute.
  (c) Rules adopted to implement the provisions of ORS 527.710
(2), (3), (6), (8), (9) { + , + }   { - and - }  (10) { +  and
(11) + } that grant broad discretion to the board and that set
standards for forest practices not specifically addressed in
statute.
  (2) When considering the adoption of a rule, and prior to the
notice required pursuant to ORS 183.335, the board shall
determine which type of rule described in subsection (1) of this
section is being considered.
  (3) If the board determines that a proposed rule is of the type
described in subsection (1)(a) or (b) of this section, or if the
proposed rule is designed only to clarify the meaning of rules
already adopted or to make minor adjustments to rules already
adopted that are of the type described in subsection (1)(c) of
this section, rulemaking may proceed in accordance with ORS
183.325 to 183.410 and is not subject to the provisions of this
section.
  (4) If the board determines that a proposed rule is of the type
described in subsection (1)(c) of this section, and the proposed
rule would change the standards for forest practices, the board
shall describe in its rule the purpose of the rule and the level
of protection that is desired.
  (5) If the board determines that a proposed rule is of the type
described in subsection (1)(c) of this section, including a
proposed amendment to an existing rule not qualifying under
 
 
Enrolled Senate Bill 12 (SB 12-D)                         Page 11
 
 
 
subsection (3) of this section, and the proposed rule would
provide new or increased standards for forest practices, the
board may adopt such a rule only after determining that the
following facts exist and standards are met:
  (a) If forest practices continue to be conducted under existing
regulations, there is monitoring or research evidence that
documents that degradation of resources maintained under ORS
527.710 (2) or (3) is likely { + , or in the case of rules
proposed under ORS 527.710 (11), that there is a substantial risk
of serious bodily injury or death + };
  (b) If the resource to be protected is a wildlife species, the
scientific or biological status of a species or resource site to
be protected by the proposed rule has been documented using best
available information;
  (c) The proposed rule reflects available scientific
information, the results of relevant monitoring and, as
appropriate, adequate field evaluation at representative
locations in Oregon;
  (d) The objectives of the proposed rule are clearly defined,
and the restrictions placed on forest practices as a result of
adoption of the proposed rule:
  (A) Are to prevent harm or provide benefits to the resource or
resource site for which protection is sought { + , or in the case
of rules proposed under ORS 527.710 (11), to reduce risk of
serious bodily injury or death + }; and
  (B) Are directly related to the objective of the proposed rule
and substantially advance its purpose;
  (e) The availability, effectiveness and feasibility of
alternatives to the proposed rule, including nonregulatory
alternatives, were considered, and the alternative chosen is the
least burdensome to landowners and timber owners, in the
aggregate, while still achieving the desired level of protection;
and
  (f) The benefits to the resource { + , or in the case of rules
proposed under ORS 527.710 (11), the benefits in reduction of
risk of serious bodily injury or death, + } that would be
achieved by adopting the rule are in proportion to the degree
that existing practices of the landowners and timber owners, in
the aggregate, are contributing to the overall resource concern
that the proposed rule is intended to address.
  (6) Nothing in subsection (5) of this section:
  (a) Requires the board to call witnesses;
  (b) Requires the board to allow cross-examination of witnesses;
  (c) Restricts ex parte communications with the board or
requires the board to place statements of such communications on
the record;
  (d) Requires verbatim transcripts of records of proceedings; or
  (e) Requires depositions, discovery or subpoenas.
  (7) If the board determines that a proposed rule is of the type
described in subsection (1)(c) of this section, and the proposed
rule would require new or increased standards for forest
practices, as part of or in addition to the economic and fiscal
impact statement required by ORS 183.335 (2)(b)(E), the board
shall, prior to the close of the public comment period, prepare
and make available to the public a comprehensive analysis of the
economic impact of the proposed rule. The analysis shall include,
but is not limited to:
  (a) An estimate of the potential change in timber harvest as a
result of the rule;
 
 
 
Enrolled Senate Bill 12 (SB 12-D)                         Page 12
 
 
 
  (b) An estimate of the overall statewide economic impact,
including a change in output, employment and income;
  (c) An estimate of the total economic impact on the forest
products industry and common school and county forest trust land
revenues, both regionally and statewide; and
  (d) Information derived from consultation with potentially
affected landowners and timber owners and an assessment of the
economic impact of the proposed rule under a wide variety of
circumstances, including varying ownership sizes and the
geographic location and terrain of a diverse subset of
potentially affected forestland parcels.
  (8) The provisions of this section do not apply to temporary
rules adopted by the board.
  SECTION 14. Section 8, chapter 565, Oregon Laws 1997, is
amended to read:
   { +  Sec. 8. + }  { + (1) + } Sections   { - 1 - }   { + 3 + }
to 6 { + , chapter 565, Oregon Laws 1997, + }   { - of this
Act - }  are repealed on January 1, 2000.   { +
  (2) Sections 1 and 2, chapter 565, Oregon Laws 1997, are
repealed when the State Board of Forestry adopts permanent rules
implementing section 4 (4)(b) of this 1999 Act and the amendments
to ORS 527.630 and 527.710 by sections 11 and 12 of this 1999
Act, or on January 1, 2000, whichever is later. + }
  SECTION 15.  { + On or before January 1, 2001, the State
Department of Geology and Mineral Industries, State Forestry
Department and the Department of Land Conservation and
Development shall report to the Seventy-first Legislative
Assembly on the implementation of sections 1 to 9 of this 1999
Act. The report shall include at a minimum:
  (1) The results of the work of the State Department of Geology
and Mineral Industries to identify and map further review areas
under section 4 (4)(a) of this 1999 Act;
  (2) Information about the pilot program to develop a model
program for the mitigation of hazards and transfer of development
rights pursuant to section 8 of this 1999 Act; and
  (3) Recommendations for any specific changes necessary to the
programs established pursuant to sections 1 to 7 of this 1999
Act. + }
  SECTION 16.  { + (1) Notwithstanding any other provision of
law, in addition to any other amounts appropriated to the State
Forestry Department, for the biennium beginning July 1, 1999,
there is appropriated out of the General Fund $224,000 to the
State Forestry Department for the purpose of carrying out the
responsibilities of the State Forestry Department under section 4
of this 1999 Act and the amendments to ORS 527.630 and 527.710 by
sections 11 and 12 of this 1999 Act.
  (2) Notwithstanding any other provision of law, in addition to
any other amounts appropriated to the State Department of Geology
and Mineral Industries, for the biennium beginning July 1, 1999,
there is appropriated out of the General Fund $247,745 to the
State Department of Geology and Mineral Industries for the
purpose of carrying out the responsibilities of the State
Department of Geology and Mineral Industries under section 4 of
this 1999 Act. + }
  SECTION 17.  { + In addition to and not in lieu of any other
appropriation, there is appropriated to the Department of Land
Conservation and Development, for the biennium beginning July 1,
1999, out of the General Fund, the amount of $50,000 for the
purpose of carrying out the provisions of section 8 of this 1999
Act. + }
 
 
Enrolled Senate Bill 12 (SB 12-D)                         Page 13
 
 
 
  SECTION 18.  { + (1) In addition to and not in lieu of any
other appropriation, there is appropriated to the Emergency
Board, for the biennium beginning July 1, 1999, out of the
General Fund, the sum of $50,000 for allocation to the Department
of Land Conservation and Development for the purpose of carrying
out the provisions of this 1999 Act.
  (2) If any of the moneys appropriated in subsection (1) of this
section are not allocated by the Emergency Board prior to
November 1, 2000, the remaining moneys on that date become
available for any other purpose for which the Emergency Board
lawfully may allocate funds. + }
  SECTION 19.  { + Section 8 of this 1999 Act is repealed on June
30, 2001. + }
                         ----------
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 12 (SB 12-D)                         Page 14
 
 
 
 
 
Passed by Senate July 19, 1999
 
Repassed by Senate July 24, 1999
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House July 24, 1999
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 12 (SB 12-D)                         Page 15
 
 
 
 
 
Received by Governor:
 
......M.,............., 1999
 
Approved:
 
......M.,............., 1999
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 1999
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 12 (SB 12-D)                         Page 16