Agenda Item 4 - UGB Rulemaking <br />December 3-4, 2015 - LCDC Meeting <br />Page 6 of 56 <br />from LUBA (appeals of LCDC decisions under the traditional process are not expedited at the <br />Court of Appeals). <br />The new laws require that LCDC adopt rules to establish a simple UGB evaluation and <br />amendment method for both "small cities" (under 10,000 in population) and "large cities" (over <br />10,000).3 The new methods must allow a city to estimate how much land is needed for long term <br />growth and to determine whether those needs can be accommodated within the city's existing <br />UGB or, if not, through expansion of the UGB. The new laws (and required rules) also specify <br />how cities must decide where to grow their UGB when they determine a need for additional land. <br />This "locational analysis" is similar to longstanding laws (ORS 197.298), rules, and practices, <br />but with some important differences described in this report. As indicated above, the location <br />elements of the law apply to all UGB amendments after January 1, 2016, except for Metro, <br />regardless of whether the city uses the new simplified process or the traditional process. <br />Substantial research was required to inform the rulemaking concerning several elements of the <br />new process. For example, the rules must provide "standard ranges" to guide cities' choices <br />regarding land need determinations and other aspects of the UGB process (the new LUBA <br />standard of review provides that any choice within such a range is deemed acceptable). These <br />ranges must be informed by research about land development in Oregon. In order to provide this <br />research, the department commissioned studies by the University of Oregon, to provide data to <br />inform the rulemaking and to help establish the ranges. These research projects are described <br />further in this report (see Section V). <br />IV. RULES ADVISORY COMMITTEE <br />On September 27, 2013, LCDC appointed a rules advisory committee to provide advice to the <br />department in drafting rules to implement ORS 197A. The UGB rules advisory committee <br />(UGBRAC) was initially chaired by former LCDC Commissioner Marilyn Worrix4 and included <br />many members of the "Design Team" that had developed the "concepts" for the simplified <br />process, proposed as HB 2254 in the 2013 session. LCDC Commissioner Catherine Morrow was <br />appointed as the LCDC liaison to the committee. More recently, the committee has been chaired <br />by LCDC Chair Greg Macpherson. <br />The appointed UGBRAC included the following members: Marilyn Worrix (Chair); Erin Doyle <br />(League of Oregon Cities); Terry Moore (ECONorthwest), Jeff Condit (Miller Nash LLP), Mary <br />Kyle McCurdy (1000 Friends of Oregon), Gil Kelley (former Portland planning director), Jon <br />Chandler (Oregon Homebuilders Association), Christie White (Radler White Parks & Alexander <br />3 The proposed rules do not, however, include a separate set of requirements for small cities and a different set for <br />large cities. Since almost all the requirements in the statute are identical for large and small cities, with minor <br />differences, the department's proposed rules are organized around topics and around the streamlined "path." Within <br />that structure, the proposed rules specify some differing requirements for large vs. small cities. <br />4 Marilyn Worrix chaired this committee until April of 2015, at which time she announced that due to her retirement <br />and other responsibilities, she would no longer be able to serve as chair. Since then, the committee has been chaired <br />by DLCD Deputy Director Carrie MacLaren, and most recently by LCDC Chair Greg Macpherson. <br />