Agenda Item 4 - UGB Rulemaking <br />December 3-4, 2015 - LCDC Meeting <br />Page 13 of 56 <br />Some of the specifically defined terms in this rule are repeats of terms in the new statutes at <br />ORS 197A. Some of these definitions are repeated from other LCDC rules or statutes, and one of <br />the definitions is from the statewide goals, repeated here for convenience because it is used in the <br />division. <br />Staff notes that LCDC has the authority to change the definition of terms used in its rule <br />divisions as it amends rules or creates new rules. However, the department suggests that, for the <br />new division 38, the commission should not create different definitions of terms that are defined <br />in other rules unless there is a compelling need for a new definition of that term, as is the case for <br />the term in section (1) of this rule. In general, the commission does not have authority to change <br />statutory definitions, although usually it has authority to provide additional interpretive guidance. <br />This report provides explanation for definitions, below: <br />Section (1): "Buildable lands." This term is repeated verbatim from the new statutes at <br />ORS 197A, but it could be a source of confusion. Since it is in the law, it must be used in this <br />division, and cannot be changed. However, the draft includes a note to alert readers that a <br />different definition of "buildable lands" is provided in other (previous) LCDC rules concerning <br />needed housing and in state law at ORS 197.295 (enacted in 1981 and unchanged since then). <br />This illustrates the confusion that could arise if the commission defines terms differently in this <br />division than in other LCDC rules. In this particular case, we have no choice. <br />The term "buildable lands" was originally intended to apply only in the context of Goal 10 and <br />housing policy. That was a bit of problem when the department refined Goal 9 rules (OAR <br />chapter 660, division 9) around 2005, and drafted the first set of UGB rules (OAR chapter 660, <br />division 24) in about the same timeframe. Both of these rules needed a different or broader <br />definition than was provided for Goal 10 in order to describe essentially the same concept for <br />employment lands. Being unable to use the term "buildable lands" because statute limited it to <br />residential lands, LCDC opted for "parallel terms" such as "vacant lands," "suitable", and <br />"developed lands" and, in division 24, "suitable vacant and developed land" indicating <br />commercial and industrial land. <br />The drafters of HB 2254 decided to avoid this confusion for the simplified process by simply <br />using a broader definition of "buildable lands," which is reflected here. In this case, the <br />definition applies to both residential land and to employment land (and probably other categories <br />as well). However, the department recommends that a note be inserted here to remind the readers <br />that the law at ORS 197 regarding housing has not been changed, and as such the earlier more <br />narrow definition of buildable lands still exists for the "traditional process" in division 24. <br />Section (2): "Commercial" and "Commercial use." This term means retail, office institutional, <br />public employment, and several similar uses. The proposed "employment path" (see proposed <br />rules at OAR 660-038-0090 to 660-038-0150 requires cities to determine current employment <br />(jobs)) from data provided by the Oregon Employment Department (OED). This data is provided <br />by the Oregon Employment Department in reference to the North American Industry <br />