Agenda Item 4 - UGB Rulemaking <br />December 3-4, 2015 - LCDC Meeting <br />Page 53 of 56 <br />site characteristics." The department does not believe this statutory provision was included in <br />ORS 197A.230 because it applies in the simplified UGB process only, and as such it is not <br />included in division 38 proposed rules. None of the proposed division 38 "paths" for land need <br />concern a particular industrial or public facilities need. <br />The department also believes that the study area rule should be crafted to provide standards that <br />are as close as possible to the current requirements, at least for cities that are underway with a <br />UGB evaluation at the time of rule adoption. That may alleviate some of the concern from cities <br />regarding the new requirements, such that some "in progress" with a UGB amendment would <br />elect to use the new location rules. <br />OAR 660-024-0067 Evaluation of Land in the Study Area for Inclusion in the UGB; Priorities: <br />This would be a new rule in division 24 to mirror the rule proposed in OAR 660-038-0170 <br />regarding location priorities. Again, the department has proposed essentially the same location <br />rule as provided in division 38. <br />IX. PROPOSED AMENDMENTS TO GOAL 14 <br />Two amendments are necessary to conform Statewide Planning Goal 14 to the new amended <br />statutes at ORS 197A (See Attachment C). Goal 14 is an administrative rule adopted under OAR <br />660-015-0000(14). <br />In general, and in most cases, adoption or amendment of a statewide planning goal requires that <br />LCDC hold at least 10 public hearings throughout the state (see ORS 197.235). However, ORS <br />197.235(4) authorizes the commission to amend a goal with only one public hearing when the <br />goal is inconsistent with a new legislative enactment and it is proposed for amendment only so <br />far as necessary to correct that inconsistency. As such, this statute can be invoked in this case. <br />The proposed goal amendment is only that which is "necessary to conform the goal to the <br />legislative enactment." The law requires that the amendment to make no change other than the <br />minimum necessary to include the conforming change. The department believes the proposed <br />changes are described in Attachment C are the minimum necessary and are very minor. <br />First, where Goal 14 currently indicates that a UGB must be based on a 20-year coordinated <br />population forecast, the goal should be amended to also indicate that cities applying the <br />simplified process under ORS 197A must instead base the UGB on a 14-year forecast. <br />Second, the goal currently references ORS 197.298 regarding UGB location priorities. The <br />amended 2013 statutes at ORS 197A provide that, after January 1, 2016, the current priorities <br />statute at ORS 197.298 applies only to Metro. ORS 197A.320, the new "priorities statute," is <br />applicable to all cities outside Metro and replaces ORS 197.298. The goal should be amended to <br />simply add this additional statutory reference. <br />ORS 197.235 is provided below. Note that section (4), authorizing one hearing for confirming <br />legislative amendments, does not appear to override requirements (1)(b), (2), or (3), although this <br />