Agenda Item 4 - UGB Rulemaking <br />December 3-4, 2015 - LCDC Meeting <br />Page 16 of 56 <br />Section (8): The definition of UGB is noncontroversial and repeats a definition in the current <br />UGB rules at OAR 660, division 24. <br />Section (9): The definition of "Urbanizable land" is defined here in the same way as it is in the <br />Statewide Planning Goals. <br />0020: Applicability (Page 3) <br />General: This rule indicates when the rules in this proposed new division would take effect <br />(January 1, 2016). The proposed Applicability rule is also a collection of requirements that <br />address when a city may or must use the rules, when the city may use them again, and related <br />topics. There are several general requirements in ORS 197A on the subject of using or reusing <br />the simplified process and the department proposes that these be reflected in this rule, in most <br />cases word for word from the statute. <br />This rule also collects a series of generalized requirements for UGBs that exist today in <br />division 24. These requirements should apply whether a city uses the simplified process or the <br />traditional process. As such, it is important to include those requirements in the new division. <br />The department considered whether this collection of requirements could instead be broken into <br />two or three different rules; division 24 provides a similar set of requirements distributed among <br />three different rules (OAR 660-024-0000, 660-024-0020 and 660-024-0040). For simplicity, the <br />department proposes that these policies be provided together, in this (the Applicability) rule. <br />Section (1): provides the most basic, overarching requirements for the new process, taken <br />directly from ORS 197A. It provides that this division takes effect January 1, 2016. It indicates <br />that the method is optional, and it provides that if a city uses division 38 for a UGB evaluation or <br />amendment, division 24 does not apply to that amendment. <br />Sections (2) and (3) repeat fundamental requirements of the simplified path from ORS 197A.305 <br />and with the same wording as that statute. Cities using this method must demonstrate that they <br />provide for a 14-year supply of housing and employment land, consistent with the population or <br />employment forecast, and such land must be serviceable. A city is not required to adopt findings <br />to support a number or a range provided in this division. <br />Section (4) indicates that once a city has used the simplified method it may not use it again until <br />half the amount of growth forecast has been accommodated, or until half the buildable lands <br />have been developed. This is repeated directly from statute. Note that it does not indicate <br />whether a city may use the traditional method after it uses the simplified method; that is provided <br />in section (6), below. <br />Section (5) is also based on the statute; it provides that after using the simplified method a city <br />must evaluate whether the city needs to include additional land for residential or employment <br />uses within the UGB before the population of the city has grown by 100 percent. The statute <br />does not indicate the consequence if a city fails to do this. <br />